45 . because they could not protect her. She saw they were hitting the car and she was able to get out of there.125 163. On January 31, 2002 Mr. Eduardo Sapene Granier filed a complaint before the Office of Common Crimes,126 for the alleged attack suffered by Luisiana Ríos and Luis Contreras. On February 18, 2002 the 2° and 74° Public Prosecutors’ Offices started the corresponding investigations.127 The 50° Public Prosecutors’ Office at a National Level with Full Jurisdiction joined this case with other in which Mrs. Ríos was also the victim. Interviews were carried out in 2002 and 2004.128 On January 18, 2006, four years after the first complaint was filed, the Public Prosecutors’ Office requested its dismissal regarding this fact. 129 On February 21, 2006 the Fiftieth Court of Control Tasks of the Metropolitan Area of Caracas ordered the dismissal of the case because the criminal action had expired.130 This Tribunal observes that the State did not justify the procedural inactivity for more than two years in this investigation, or the delay in issuing the dismissal of the complaint. 164. The Court considers that sufficient elements have not been provided in order to consider as proven that Luisiana Ríos, Luis Augusto Contreras, and Armando Amaya were attacked by State agents or that they were denied their protection during the events of that day, nor have other reliable elements that corroborate the statement of the alleged victim been presented. * * * 165. The Commission stated that on March 12, 2002 the reporters Javier García, Isnardo Bravo, and David Pérez Hansen denounced before the Public Prosecutors’ Office attacks they had suffered in the surroundings of the Universidad Central of Venezuela (UCV), by people identified as members of a group partisan with the government, while they were covering events related with the presence of people identified as “tomistas” in the Hall of the University Council and during the journalistic coverage of the so-called “Popular Courts”. The representatives argued that in those circumstances the State violated the right to humane treatment of Mr. David Pérez Hansen. 166. The Court points out that in a statement offered by the representatives, 131 Mr. Pérez Hansen indicated that on that day they were covering the taking over of the Hall of the University Council of the UCV by the M-28 Movement, when a tear gas bomb fell right on 125 Cf. testimonial statement offered by Mrs. Luisiana Ríos before the Inter-American Court during the public hearing held on February 17, 2003 with regard to the provisional measures ordered in the matter of Luisiana Ríos et al. (RCTV) (Transcript of the statement on file). 126 Cf. Complaint filed before the Superior Public Prosecutors’ Office of the Judicial District of the Metropolitan Area of Caracas on January 31, 2002 (dossier of evidence, Volume V, folios 1475-1480). 127 Cf. Request for discontinuance and dismissal by the 50° National Public Prosecutors’ Office with Full Jurisdiction of January 18, 2006 (dossier of evidence, volume XXVII, folios 9450-9468). 128 Cf., inter alia, transcripts of the interview with Luisiana Ríos before the 2° and 74° Public Prosecutors of the Metropolitan Area of Caracas on March 11, 2002 (dossier of evidence, volume XXV, folios 9226-9230). 129 Cf. Request for discontinuance and dismissal by the 50° National Public Prosecutors’ Office with Full Jurisdiction of January 18, 2006 (dossier of evidence, volume XXVII, folios 9450-9468). 130 Cf. Order of discontinuance of the 50° First Instance Criminal Court in Duty Controls of the Criminal Judicial Circuit of the Judicial District of the Metropolitan Area of Caracas on February 21, 2006 (dossier of evidence, volume XXVII, folios 9470-9476). 131 Cf. statement of the journalist David Pérez Hansen (dossier of evidence, volume VIII, appendix 31 to the brief of pleadings, motions, and evidence, folios 3144-3147).

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