21
.
78.
Based on the stipulations of Articles 44 and 45 of the Rules of Procedure, as well as
the jurisprudence of the Tribunal with regard to evidence and its assessment, 44 the Court
will proceed to examine and assess the evidentiary elements included in the case file.45
A)
Documentary, testimonial, and expert evidence
79.
By agreement of the Presidency of the Court the statements offered before a notary
public (affidavit) of the following witnesses and experts were received regarding the matters
presented below. The issues regarding their statements will be presented, when appropriate
throughout this judgment:
a)
Luisiana Ríos Paiva, alleged victims and witness proposed by the Commission,
journalist of the RCTV. She testified, inter alia, regarding the facts occurred on
December 17, 2001, January 20th, April 18th, May 2nd and 28th, 2002; regarding
the complaint filed based on those facts and the consequences they have had on her
personal life and professional performance.
b)
Pedro Nikken, alleged victim and witness proposed by the Commission and
the representatives; he is a journalist and worked at RCTV between 2000 and 2004.
He testified, inter alia, regarding the facts that occurred on November 12, 2002,
August 19, 2003, and March 3, 2004; regarding the investigation thereof and the
consequences they have had on his personal life and professional performance.
c)
Eduardo Guillermo Sapene Granier, alleged victims and witness proposed by
the Commission and the representatives; he is the Vice-President of Information and
Opinion of RCTV. He testified, inter alia, regarding facts occurred between 2001 and
2004 against journalists and employees of RCTV and, specifically, those occurred on
April 13, 2002 and June 3, 2004 against the headquarters of RCTV. Likewise, with
regard to the complaints filed based on those facts and the consequences they have
had on his professional performance.
d)
Marcel Granier, witness proposed by the representatives; he is the President
and General Director of RCTV. He testified, inter alia, regarding attacks suffered by
journalists and employees of RCTV, as well as attacks against the headquarters of
that television station and the effect of speeches of high State officials in the editorial
line of RCTV.
e)
Armando Amaya, alleged victim and witness proposed by the representatives;
he is a cameraman at RCTV. He testifed, inter alia, regarding facts of November 12,
2002, attacks against him and the consequences they have had on his personal life
and professional performance.
f)
Anahís del Carmen Cruz Finol, alleged victim and witness proposed by the
representatives; she is a reporter at RCTV. She testified, inter alia, regarding the
Cf. Case of the Mayagna (Sumo) Awas Tingni Community V. Nicaragua. Merits, Reparations, and Costs.
Judgment of August 31, 2001. Series C No. 79, para. 86; Case of the “White Van” (Paniagua Morales et al.) v.
Guatemala. Reparations and Costs. Judgment of May 25, 2001. Series C No. 76, para. 50; and Case of Bámaca
Velásquez V. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series C No. 91, para. 15. Cf.
also Case of the Miguel Castro Castro Prison v. Peru. Merits, Reparations, and Costs. Judgment of November 25,
2006, Series C No. 160, paras. 183 and 184; Case of Almonacid Arellano et al. V. Chile, supra note 26, paras. 67,
68, and 69, and Case of Servellón García et al. V. Honduras. Merits, Reparations, and Costs. Judgment of
September 21, 2006. Series C No. 152, para. 34.
44
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37, para. 76; Case of Valle Jaramillo et al. V. Colombia, supra note 29, para 49, and Case of Bayarri
V. Argentina, supra note 38, para. 31.
45