2
[…]
3.
The September 29, 2003 brief and its annex, by means of which the InterAmerican Commission on Human Rights (hereinafter “the Inter-American
Commission” or “the Commission”) submitted to the Inter-American Court, pursuant
to Articles 63(2) of the American Convention on Human Rights (hereinafter “the
Convention” or “the American Convention”), 25 of the Rules of Procedure of the
Court (hereinafter “the Rules of Procedure”) and 74 of the Rules of Procedure of the
Commission, a request for expansion of provisional measures in the Luisiana Ríos et
al. case, in favor of Carlos Colmenares, Noé Pernía, and Pedro Nikken, employees of
the television station Radio Caracas Televisión (RCTV).
4.
The grounds stated by the Commission in its request for expansion of the
provisional measures (supra Having Seen 3), summarized as follows:
a.
on January 29, 2002 the Commission adopted precautionary measures
in favor of “the journalists working for RCTV and GLOBOVISIÓN.” These
measures were to be in force six months and were extended for another six
months on July 29, 2002 and on March 14, 2003;
b.
in its March 14, 2003 decision, the Commission requested that
protection be granted to other employees of RCTV and Globovisión, including
Noé Pernía, Carlos Colmenares, and Pedro Nikken;
c.
the precautionary measures ordered by the Commission to protect the
lives and the right to humane treatment of the RCTV journalists were
ineffective;
d.
39 complaints were filed before the Public Prosecutor’s Office for
threats, harassment, and attacks against “RCTV journalists,” including acts of
that nature against Carlos Colmenares, Noé Pernía, and Pedro Nikken. The
situation of these three specific persons has worsened;
e.
on August 19, 2003 the team of reporters of RCTV’S “El Observador”,
formed by reporter Pedro Nikken and cameraman Carlos Comenares, was
covering a peaceful demonstration near “Las Acacias”, a residential
development in Caracas, called “El Cohetazo” and summoned by
Coordinadora Democrática. A police squad from the Office of the Mayor of
Libertador Municipality, under orders from Mayor Freddy Bernal, of the ruling
party “MVR”, repressed and dissolved the demonstration with tear gas and
“long firearms,” dangerously shooting pellets at the demonstrators. Carlos
Colmenares was wounded by pellets in his arm and right leg. This was the
second time that Pedro Nikken’s “reporting crew” was attacked with firearms,
the first attack having occurred on November 12, 2002, as stated by
Armando Amaya in his testimony before the Court;
f.
on August 21, 2003 RCTV reporter Noé Pernía was “singled out,
attacked and verbally threatened” by Lina Ron, a leader of the “Círculos
Bolivarianos,” while he was covering a labor union protest by a group of
employees of the Office of the Mayor of Libertador Municipality. This threat
“is a grave one as it was made by a well-known person, whose ability to
influence the Círculos Bolivarianos is widely recognized;”