PARTIALLY DISSENTING OPINION OF JUDGE ROBERTO DE FIGUEIREDO CALDAS
INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF GRANIER ET AL. (RADIO CARACAS TELEVISIÓN) V. VENEZUELA
JUDGMENT OF JUNE 22, 2015
(Preliminary objections, merits, reparations and costs)
I.
Introduction
1.
The purpose of this opinion, which partially dissents from some of the specific grounds
and conclusions indicated in this judgment by the majority of the judges of this Inter-American
Court, is to clarify and emphasize aspects which I consider extremely important, not only for
the understanding of this case, but also for the historic development of the Court’s case law on
freedom of thought and expression and of the press, and the necessary respect for the
democratic rule of law, especially in extreme situations as in this case, when there has been a
coup d’état. In the instant case, it is important to analyze the consequences and the appropriate
legal evaluation that the Court can and should give to this serious political phenomenon of an
attack on representative democracy.
2.
First, it is important to stress that I have added my vote to the majority, or to the
unanimous vote depending on the specific point, to find the Venezuelan State responsible for
the violation of the freedom of expression of those victims who were recognized as such
(paragraphs 197 to 199), and also for the violation of freedom of expression in its collective
dimension of the social right to receive information; for violation of due process of law
(paragraph 253), and for disregarding for its own domestic laws in relation to the procedure
for the transformation of titles and for the renewal of the concession; for violation of a
reasonable time in numerous aspects of the administrative and judicial proceedings, and for
violation of the right to a simple and prompt remedy. The grounds for these aspects have
already been described appropriately in the judgment that I helped draft.
3.
Although it refers to two common general concepts that are substantive in the judgment,
the purpose of this opinion is more exactly to provide the grounds for the parts with which I
dissent. Initially, I will describe my partial dissent with regard to the differentiation of the
petitioners in relation to the request to re-establish the concession of the electromagnetic
spectrum to RCTV, which led me to admit the first objection of this Court’s lack of jurisdiction
to protect legal persons. Then, I will elaborate on the interrelationship between freedom of the
press and freedom of expression and the role of the State in guaranteeing the satisfactory
exercise of these freedoms. In sum, I will present these and other aspects that I consider
relevant in the decision on the return of the RCTV concession.
II.
Admission of the preliminary objection of lack of jurisdiction of the InterAmerican Court to protect legal persons
4.
First, it is necessary to differentiate between the rights of physical persons and company
rights – rights of legal persons – understanding that the judgment could not provide direct
protection to the rights of a third party; that is, of RCTV in its capacity as a legal person, and
not a petitioner in this case. Also, although agreeing with the possible protection of the human
rights of a physical person violated by harm to a legal person to which he is connected, this is
not the case of some of the claims made, such as the restoration of the RCTV concession and
the return of its assets for the use of the electromagnetic spectrum.
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