allegation of fraud in the electoral process, mechanisms should be explored in that framework, to protect voters against retaliation. In this sense, providing information on the identity of the persons who signed the petition to convene the recall referendum to a Congressman, taking into account the context and the public statements made by officials; as well as the creation of the “Tascón list” on a web page, under accusations of a “mega-fraud” created an enabling environment for the realization of reprisals. 154. Second, the Commission notes the existence of a known political context of widespread polarization by the time the events occurred. In this framework, the Commission established as proven that both the then President of the Republic and other senior government officials, including at least two ministers and a Congressman, made contemporaneous statements or at the time of signature or at the time of their presentation to the CNE, whose contents clearly show that they were forms of pressure for people not to sign, and of threats of retaliation for those who had signed, and even the unfounded accusation of terrorists to those who signed. Of particular relevance is the statement of the then President of the Republic who, referring to the "Tascón list," said "let the faces come out". 155. The Commission notes that in response to the State's obligations to respect, guarantee and promote human rights, officials have a duty to ensure that in exercising their freedom of expression, they don’t incur in the disregard of fundamental rights155. They should also ensure that their expressions are not a "forms of direct or indirect interference or harmful pressure on the rights of those who seek to contribute to public deliberation through the expression and dissemination of thought"156. This special duty of care is particularly pronounced in situations of great social unrest, public disorder or social or political polarization, precisely because of the risks such situations might pose for specific individuals or groups at a given time157. 156. Third, the Commission notes that the present case does not constitute an isolated complaint but there are many complaints about the materialization of these threats. These complaints were documented by Human Rights Watch in the above mentioned report in the section on proven facts. In addition, there are multiple press documents that account for allegations of dismissals of people who appeared on the "Tascón list" in six different state offices. Even the Attorney General’s Office itself acknowledged the existence of many complaints in this regard, when it ordered in April 2005 to open an investigation into cases of political discrimination. 157. Fourth, the Commission notes that the signature challenge process carried out by the CNE and held on June 27, 2004, was not merely so that people could object to possible fraudulent use of their signatures and identities. When calling to the challenge process, the option to retract and withdraw their signature for people who signed for the recall referendum validly was also given. While it may be reasonable to create a verification system in order to examine allegations of fraud, the object of it should not be to obtain a new expression of the persons who validly signed. The granting of this option is problematic in the context of threatening statements by senior government officials, including the President of the Republic. 158. Fifth, the Commission notes that, as was indicated in paragraph 87, the then President of the Republic, in a statement of 15 April 2005, recognized that "Tascón list"158 was used to fire workers or block job applications. This time the then President called to build bridges and to "bury" the "Tascón list". Regardless, as relevant to this analysis, the Commission notes that there was recognition from the highest echelons of power, of the use of the "Tascón list" as a means to realize retaliation against people who signed. The Commission further notes that under this recognition, the use of the "Tascón list" occurred in the workplace. IACHR, The Inter-American Legal Framework Regarding OEA/Ser.L/V/IICIDH/RELE/INF.2/09/, December, 30 2009, para. 203. the Right to Freedom of Expression 156IACHR, 2013 Anual Report of the Inter-American Commission on Human Rights, Volume II, Annual Report of the Office of the Special Rapporteur for Freedom of Expression oea/ser.L/V.II/Doc.50, December 31, 2013, para. 911. 157Ibíd. para. 870. Statement by Venezuelan President Hugo Chávez at the V Mobile Cabinet Meeting, April 15,2005, in the city of Puerto Ordaz, cited in IACHR , Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II.Doc.54, December 30, 2009, chap II.a, para. 99. 158 31

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