23
f)
Alicia Phelps de Tovar80 and Alberto Tovar Phelps are the beneficiaries and trustors
of “The Leucadendra 1 Settlement”, and its trustee is ATC (Switzerland) SARL and it
owns 16570 shares in RCTV Holding S.A.
In addition, Alicia Phelps de Tovar is the beneficiary “The Leucadendra 2 Trust” and
its trustee is RCTV Holding S.A. and it was created with share capital of Inversiones
Alje C.A.
In its capacity as trustee of “The Leucadendra 2 Trust,” RCTV Holding S.A. owns
57.14% of the shares of Inversiones Alje C.A.
Inversiones Alje C.A. is an indirect shareholder of RCTV because it owns 33.10% of
the shares of Alcatracia S.A., and the latter owns 87.57% of the shares of RCTV.
66.
In addition to the Shareholders General Assembly, RCTV has a Board of Directors
appointed by the said Assembly. The Board of Directors is responsible for administering the
company and, among other functions, establishes the communications policy for the media
under its responsibility.81 Every year, the Shareholders General Assembly analyzes and, when
appropriate, “adopts the Board of Directors’ report on the company’s activities during the last
financial exercise.”82 The Board of Directors at the time of the facts of this case included the
shareholders Marcel Granier, President; Peter Bottome, Vice President, and Jaime Nestares,
board member.83 In their capacity as board members and shareholders, Marcel Granier, Peter
Bottome and Jaime Nestares took part in the Shareholders General Assemblies held in 2000,
2001, 2002, 2003, 2004, 2006, 2007 and 2008.84
67.
Lastly, the following persons, presumed victims in this case, held the following
positions in RCTV:
a)
Eladio Lárez, Executive President, who was responsible for executing the
communications policy established by the Board of Directors, among other
activities;85
b)
Daniela Bergami, General Manager, who, among other functions, was in
charge of determining the company’s programming, subject to the approval of the
Board of Directors;86
Share certificate No. 4 of the shares of RCTV Holdings S.A; Creation of Leucadendra 2 Trust; Creation of
Leucadendra 1 Settlement; Certificate of shares owned by Alje C.A in Alcatracia S.A, and Certification of shares owned
by Alcatracia S.A in RCTV C.A. (evidence file, folios 3896, 4190, 4196 to 4237, 4239 to 4297, 4397 to 4401, 4493 to
4529, 4530)
80
Cf. Minutes of the Extraordinary Shareholders General Assembly of RCTV C.A., of August 4, 2006 (evidence file,
folio 2494).
81
Cf. Minutes of the RCTV Shareholders General Assemblies of March 23, 1998, March 10, 1999, March 16, 2000,
March 12, 2001, March 11, 2002, March 17, 2003, March 15, 2004, December 11, 2006, March 19, 2007, and March
10, 2008 (evidence file, folios 2508, 2513, 2519, 2525, 2532, 2539, 2546, 2551, 2556 and 2559).
82
Cf. Minutes of the Shareholders Special General Assembly of RCTV C.A. of August 4, 2006 (evidence file, folio
2500).
84
Cf. Minutes of the RCTV Shareholders General Assemblies of March 23, 1998, March 10, 1999, March 16, 2000,
March 12, 2001, March 11, 2002, March 17, 2003, March 15, 2004, December 11, 2006, March 19, 2007, and March
10, 2008 (evidence file, folios 2507, 2512, 2518, 2524, 2531, 2538, 2545, 2550, 2555, 2558).
83
Cf. Minutes of the Extraordinary Shareholders General Assembly of RCTV C.A. of August 4, 2006 (evidence file,
folio 2494). Certification of roles and activities approved by the RCTV Board of Directors dated July 29, 2011 (evidence
file, folio 2789).
85
Cf. Activities record of RCTV Executives dated February 27, 2007 (evidence file, folio 2894). Minutes of the
Extraordinary Shareholders General Assembly of RCTV C.A. of August 4, 2006 (evidence file, folios 2494 and 2495).
Certification of roles and activities approved by the RCTV Board of Directors dated July 29, 2011 (evidence file, folio
2789).
86