I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
On March 2, 2011, in accordance with the provisions of Articles 51 and 61 of the
Convention, the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “Inter-American Commission”) submitted to the jurisdiction of the InterAmerican Court a brief (hereinafter “submission brief”) in relation to case No. 12,658
against the Republic of Colombia (hereinafter “the State” or “Colombia”). The initial petition
was lodged with the Commission on July 29, 2005, by Luis Gonzalo Vélez Restrepo, also
known as “Richard” Vélez, and by Aracelly Román Amariles, also known as “Sara Román”
(hereinafter “Mr. Vélez Restrepo” and “Mrs. Román Amariles”), on behalf of themselves and
their children Mateo and Juliana, both with the surname Vélez Román (hereinafter “the
children” and, considered as a whole, “the Vélez Román family”). On July 24, 2008, the
Inter-American Commission approved Admissibility Report No. 47/08.2 On October 23,
2010, the Commission approved Report on Merits No. 136/103 (hereinafter also “the Merits
Report” or “Report No. 136/10”), in keeping with Article 50 of the Convention, in which it
made a series of recommendations to the State. This report was notified to the State in a
communication of December 2, 2010, and granted two-months to provide information on
the measures taken to comply with the recommendations made therein. On January 13,
2011, the State requested a one-month extension to the deadline set by the Commission; a
three week extension was granted until February 22, 2011. When the extension expired,
Colombia presented the respective information and asked the Commission to issue a report
in keeping with the provisions of Article 51 of the Convention. The Commission decided to
submit “all the facts and human rights violations described in Merits Report No. 136/10,” to
the jurisdiction of the Inter-American Court, “because of the need to obtain justice for the
[presumed] victims and owing to the State’s [alleged] failure to comply with the
recommendations.” The Commission appointed María Silvia Guillén Cardona, Commissioner,
Santiago A. Cantón, then Executive Secretary, and Catalina Botero, Special Rapporteur for
Freedom of Expression, as delegates, and designated Elizabeth Abi-Mershed, Deputy
Executive Secretary, Silvia Serrano Guzmán and Michael Camilleri, as legal advisers.
2.
According to the Commission, this case relates to the supposed “attack against Luis
Gonzalo ‘Richard Vélez Restrepo by soldiers of the Colombian National Army on August 29,
1996, while he was filming a protest demonstration, in which that institution’s soldiers beat
several of the protesters – acts that were documented by the journalist,” and to the alleged
“death threats against Richard Vélez and his family, threats which intensified when Mr.
Vélez tried to advance the judicial proceedings against his attackers, and which resulted in a
[supposed] attempt to abduct him.” According to the Commission, as a result of these
events, Mr. Vélez Restrepo “left Colombia to go into exile” on October 9, 1997, and
currently “is unable to work as a journalist.” In addition, the Merits Report refers to the
alleged “[failure to] conduct a thorough investigation, within a reasonable time and in the
ordinary jurisdiction, into all the acts of violence and harassment against [Mr.] Vélez
Restrepo and his family in order to identify, prosecute and punish those responsible for the
said acts,” and also to the supposed “shortcomings in the investigation and omissions in the
protection of Mr. Vélez [Restrepo] and his family.”
2
In this Report, the Inter-American Commission declared petition No. 864-05 admissible in relation to the
alleged violation of Articles 5, 8, 13, 17(1), 19, 22(1) and 25 of the American Convention, in relation to Articles
1(1) and 2 of this treaty. Cf. Admissibility Report No. 47/08, Case 12,658, Luis Gonzalo “Richard“ Vélez Restrepo
and family v. Colombia, July 24, 2008 (file of annexes to the Merits Report, appendix 1, folios 261 to 277).
3
Merits Report No 136/10, Case 12,658, Luis Gonzalo “Richard“ Vélez Restrepo and family v. Colombia,
October 23, 2010 (merits file, folios 5 to 42).
4