52
.
before the Public Prosecutors’ Office she stated that “it was a domestic problem since
[whoever threatened her] parked in [her] space,” which does not grant credibility to her
statements in the sense that this was what “most terrified her”.
194. The Court verified that Mrs. Ríos’ statement coincides with the version of the facts
argued by the Commission,171 as well as her sworn statement before the Court. 172 The
apparent contradiction in her statements, mentioned by the State, is not confirmed. 173
195. These facts were denounced by Mrs. Ríos on that date before the Prefecture of the
Libertador Municipality, Civil Head of the Parish 174 and they followed the same course as the
investigation into the alleged facts of May 2, 2002 (supra paras. 185 through 187). The
start of the investigation was ordered two years after the complaint was filed and the first
diligence was carried out more than six years later (infra para. 318).
196. However, this Tribunal considers that sufficient evidentiary elements that allow the
corroboration of the facts alleged by the Commission and the representatives have nor been
provided.
*
*
*
197. The Commission argued that on July 31, 2002 Messrs. Isnardo Bravo, Wilmer
Marcano, and Winston Gutiérrez were verbally attacked and threatened while they were
covering the news in the surroundings of the Supreme Court Justice. Similarly, there were
acts of vandalism against two vehicles belonging to RCTV. 175 The representatives added that
despite being present at the scene, the police officers had not intervened in order to repel
the protestors.
198. This Tribunal observes that Mr. José Monroy indicated, in his statement in the case’s
public hearing, that the police present at the place of the facts did not intervene to repel the
attackers.176 Mr. Bravo did not refer to the material damages to the vehicles nor did it
mention which authorities did not intervene; he simply referred to the verbal attacks
171
Cf. statement of Luisiana Ríos (dossier of evidence, volume VIII, appendix 31 to the brief of pleadings,
motions, and evidence, folio 3141).
172
Cf. statement offered before a notary public (affidavit) by Luisiana Rios Paiva on June 25, 2007 (dossier of
evidence, volume XVIII, folios 5598-5602).
173
Cf. Transcript of the interview with Luisiana Rios before the 32° Public Prosecutors’ Office of the
Metropolitan Area of Caracas, dated July 8, 2008 (dossier of evidence, Volume XXI, folios 6498-6500).
174
Cf. Record of complaint No. 272 of May 28, 2002 and brief of June 7, 2002 (dossier of evidence, volume
IV, folios 1045-1047).
175
The Commission stated in its application that “[o]n July 31, 2002 followers of President Hugo Chávez Frías
and members of the opposition were concentrated in front of the doors of the Supreme Court of Justice of
Venezuela where the full session to discuss the order, in response of the accusation of the Solicitor General, of the
generals and admirals accused of military rebellion would be held. Through a vote of 12 against 8 the mentioned
Court objected the order that requested the opening of the trial for military rebellion. […] While covering the news
story in the surroundings of the Supreme Court of Justice, unidentified people verbally attacked the journalists
Isnardo Bravo, Wilmer Marcano, and Winston Gutiérrez, saying, among other things, that they were going to kill
them. Likewise, there were acts of vandalism and while the attackers were insulting the social communicators, two
RCTV vehicles parked in the area near the Court were scratched, the windows were broken and the air was taken
out of their tires. In the afternoon of that dame 31st of July 2002 a tear gas bomb was thrown inside one of RCTV’s
vehicles, causing it to catch fire.”
176
Cf. statement offered by Antonio José Monroy Clemente in the public hearing held before the InterAmerican Court on August 7, 2008.