TABLE OF CONTENTS
Paras.
I.
II.
III.
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
PROCEEDINGS BEFORE THE COURT
PARTIAL ACKNOWLEDGEMENT OF INTERNATIONAL
RESPONSIBILITY
A) The State’s partial acknowledgement of responsibility and
observations of the Commission and the representative
B) Considerations of the Court
IV.
PRELIMINARY OBJECTION
A) Arguments of the State and observations of the representative and
the Inter-American Commission
B) Considerations of the Court
V.
PRIOR CONSIDERATIONS
A) Alleged failure to comply with basic requirements for the submission
of the case to the Court by the Commission
B) The factual framework of the case
VI.
COMPETENCE
VII. EVIDENCE
A) Documentary, testimonial and expert evidence
B) Admission of the evidence
VIII. PROVEN FACTS
A) Attack against Mr. Vélez Restrepo on August 29, 1996
B) Facts subsequent to the attack of August 29, 1996
C) Facts relating to the domestic investigations and the pre-trial
administrative conciliation procedure
IX.
RIGHTS TO PERSONAL INTEGRITY AND TO FREEDOM OF
THOUGHT AND EXPRESSION, IN RELATION TO THE OBLIGATION TO
RESPECT AND GUARANTEE RIGHTS
A) General considerations of the Court
B) The facts concerning the attack on August 29, 1996
B.1) Violation of the right to personal integrity
B.2) Violation of the right to freedom of thought and expression
C) Regarding events after the attack on August 29, 1996
C.1) Obligation to respect the right to personal integrity in relation
to the threats, harassment, and attempted arbitrary deprivation of
liberty
C.1.a) Regarding the evidence to consider proved the threats
and harassment
C.1.b) Regarding the evidence to consider proved the attempted
arbitrary deprivation of liberty
C.1.c) Determination of the State’s responsibility for the threats,
harassment and attempted deprivation of liberty
C.1.d) Alleged violation of Article 5(1) of the Convention
Americana
C.1.e) Alleged violation of Article 4(1) (Right to Life) of the
Convention
C.2) Obligation to guarantee the right to personal integrity of Mr.
Vélez Restrepo, his wife and children, by the investigation and the
adoption of measures of protection
C.3) Violation of the right to freedom of thought and expression of
Mr. Vélez Restrepo
2
1-3
4-12
13-26
13-19
20-26
27-33
27-29
30-33
34-57
36-42
43-57
58
59-76
60
61-76
77-122
77-83
84-97
98-122
123-215
123-126
127-149
127-135
136-149
150-215
152-182
157-160
161-163
164-175
176-181
182
183-205
206-215