89
or evidence.337 The fact that they were unable to intervene in a proceeding that clearly had an
impact on the property rights of RCTV was an evident violation of the right of defense.
307.
Lastly, the Court recalls that, in May 2007, the representatives of RCTV338 filed an
appeal against the interim measures issued by the Constitutional Chamber in the context of
the action on joint and separate interests that assigned the use of property owned by RCTV to
CONATEL. The Court underscores that the interim measures issued in 2007 remain in force to
date and that the State continues using RCTV’s property to transmit the signal of the State
channel TVes (supra para. 112). In this regard, Court reiterates that it must examine the facts
relating to the appeal against the interim measures under the right to a reasonable time
contained in Article 8(1) of the Convention. Thus, the Court notes that, since June 2007, no
action has been taken in the proceedings to decide this appeal (supra para. 112). The Court
also underlines that the State has not justified the existence of this delay and lack of activity.
Consequently, the Court finds that the reasonable time has been violated in these proceedings.
308.
Based on the above, the Court declares that Venezuela has violated the right to a
hearing and a reasonable time established in Article 8(1), in relation to Article 1(1) of the
American Convention, to the detriment of Marcel Granier, Peter Bottome, Jaime Nestares, Jean
Nestares, Fernando Nestares, Alicia Phelps de Tovar and Francisco J. Nestares.
B) Alleged violation of Article 25 of the Convention – judicial protection
B.1. Application for constitutional amparo
B.1.1. Arguments of the Commission and of the parties
309. The Commission argued that Article 25 had been violated owing to an unjustified delay
in deciding the application for constitutional amparo. The Commission referred to both the
presumed violation of Article 25 of the Convention and to the presumed failure to comply with
the respective deadlines established in the domestic law of Venezuela. Specifically, the
Commission argued that “[i]n this case, it is clear that the formalities prescribed by Venezuelan
law for applications for amparo were not observed. Also, it is not possible to claim that the
decision delivered more than three months after the application was filed, was the prompt
recourse required under Article 25(1) of the Convention.” In addition, the Commission argued
that “the delay in deciding the application for amparo violated the right to a ‘simple and prompt
recourse’ […] for protection against acts that violate fundamental rights,’ as established by
Article 25(1) of the Convention, to the detriment of the shareholders, executives and employees
who jointly filed the application for amparo.”
310. The Commission argued that “the failure to observe the deadline prescribed by law had
a real and serious effect, since while the decision on the application for amparo was still
pending, in violation of Venezuelan law, on March 29, 2007, the MPPTI issued Communication
No. 0424 in which it announced that RCTV’s concession would not be renewed.” The
Commission concluded that “the delay in deciding the application for amparo was not only a
violation of Venezuelan law, but also had the effect of enabling the consummation of the very
violations that the application for amparo was intended to prevent.”
Cf. Constitutional Chamber of the Supreme Court of Justice of Venezuela. Decision No. 957 of May 25, 2007.
Case No. 07-0731 (evidence file, folio 3486).
337
The brief was presented by Gustavo J. Reyna, Pedro Perera Riera, José Valentín González P., José Humberto
Frías and Alvaro Guerrero Hardy in their capacity as “legal representatives” of RCTV (evidence file, folios 3716 to 3719).
338