JUAN FRANCISCO ALONSO
EL UNIVERSAL

Even though the Supreme Tribunal of Justice (TSJ) has not even granted the precautionary measures they requested three months ago to avoid implementation of the Venezuelan Government's decision not to renew the broadcast license for private TV station RCTV, the TV channel's officers Thursday appeared in the top court again to file another similar claim.

Thursday's was RCTV's third legal action filed with TSJ, as last April 17th, its legal counsels submitted an action before the Political-Administrative Court, TSJ, seeking annulment of a resolution issued by the Ministry of Telecommunications on March 29 giving official notice of non-renewal of the broadcast license for RCTV. This action has not been upheld either.
 
Oswaldo Quintana, RCTV legal counsel, said the action they filed on Thursday is calling for "respect for our right to due process and participation. We have verified that the Ministry of Telecommunications -in a move intended to justify political retaliation against RCTV- okayed a National Telecommunications Plan without meeting the relevant legal requirements and disregarding the steps provided for under both the laws and the Constitution for approval of such plan."

Under such plan, the Executive Branch claimed it needed to use the radio frequency licensed to RCTV in order to broadcast a public service television channel. RCTV representatives, however, two weeks ago forwarded a technical survey to TSJ showing that the Venezuelan State has 75 radio frequencies available.

In connection with the National Telecommunications Plan, Quintana claimed that it was only last April  17 -four months after President Hugo Chávez' announced he was not allowing RCTV to continue operations- when the Ministry of Telecommunications -headed by Jesse Chacón- launched a public consultation on the Executive Branch's proposal.

While the reporting judges that are to reply to the two legal actions RCTV has filed (excluding that brought on Thursday) has been appointed recently, Quintana showed confidence that a ruling would be issued, either in domestic or foreign courts.

Reaction to Inter-American Court's decision
Precisely when asked about the Inter-American Court on Human Rights decision  to uphold a lawsuit the Inter-American Commission on Human Rights brought against the Venezuelan State in connection with attacks on RCTV workers, Quintana replied: "I would like to invite President Chávez' counsels to read carefully the report the Inter-American Commission on Human Rights forwarded to the Court, and to explain to him what the report shows, because attempts have been made at manipulating its contents. This document comprehends all of the attacks against RCTV."

When asked whether this action also addresses President Chávez' threat to discontinue RCTV operations, Quintana replied: "The case filed with the Commission started with the attacks perpetrated against nine reporters, but subsequently this case received input from all of the threats and aggressions against the right to freedom of speech of RCTV workers, officers and all Venezuelans. This report is by far much more comprehensive than it has been told."
 
However, he refused to elaborate on the document's contents, arguing he had "an obligation not to disclose it."

Finally, he announced they would file new legal actions on behalf of RCTV over the next few days.

jalonso@eluniversal.com

Translated by Maryflor Suárez R.
msuarez@eluniversal.com