But the Constitutional Chamber of the Supreme Court went even further. It not only supported the decision made by Chávez to shut down RCTV, but endorsed the decision to steal their equipment to broadcast the programmes of Fundación Televisora Venezolana Social (TVES).
It was an express ruling. A group of citizens appeared before the Supreme Court on May 24, 2007, requesting the court to prevent the closing of the private TV station, which was critical of the government. On the next day, in a presentation by Justice Luisa Estella Morales, the answer was ready: a resounding no. Morales’s resolution cleared the way for the Government, which 48 hours later – on May 27 – shut down RCTV’s screen and its 50-year history.
In addition to endorsing the action taken by the Head of State, the Constitutional Court ordered that the equipment of Radio Caracas Televisión should go to the National Telecommunications Commission (Conatel), in order to ensure TVES operations.
Justice Pedro Rondón Haaz questioned his colleagues in these terms: “The majority said nothing about the absence, in the process, of RCTV, which was ordered to allow TVES to use their equipment and facilities, without even convening the affected party for the legitimate defence of their rights, particularly its right to property.”
The decision of the Supreme Court did not surprise anyone. The commander had already warned on November 28, 2006: “We will not tolerate any media outlet here supporting a coup.” Senior judges of the Republic were always in tune with Chávez”.
Extract of the judgment
“(…) The Minister of Telecommunications and Information and Director of CONATEL (…) cannot guarantee that the broadcasting by Fundación Televisora Venezolana Social (TEVES) will have the necessary infrastructure for nationwide high-quality broadcast, on the same conditions [as RCTV]. This Court resolves, in order to ensure the continuity of a universal public service, the temporary use of the frequency assigned for television broadcast in the national network, which includes among others, microwaves, teleports, transmitters, television ancillary equipment, auxiliary equipment for energy and climate, towers, antennas, transmission booths, plant booths, perimeter fence and electrical connections, without prejudice to the property rights of Radio Caracas Television, C.A.”