together with their responses to the information requested by the Court at the public
hearing. On April 13, 2012, these briefs were forwarded to the parties and the InterAmerican Commission. The President granted a time frame for the representative and the
Commission to submit any observations they considered pertinent on the documentation
presented by the State together with their final written arguments, as well as on the
documentation forwarded by expert witness Tulande on March 28, 2012. In its brief of May
2, 2012, the Commission indicated that “it ha[d] no observations to make on the
information provided by expert witness Tulande or [by the] State.” The representative did
not submit any observations.
12.
On July 6, 2012, the Secretariat of the Court, on the instructions of the President,
asked the State and the representative to provide specific information, documentation, or
explanations as useful evidence. On July 18, 2012, Colombia submitted a document in
partial response to the requests for helpful evidence and, following an extension granted to
it, forwarded the rest of the documents and information requested by the President on July
27, and August 1 and 13, 2012. On August 9, 2012, the Commission submitted a
communication in which it indicated that it had no observations to make on the documents
provided by Colombia. After having been granted an extension, on August 21, 2012, the
representative indicated that he had no observations to make on the said documentation.
Also, on July 26, 2012, the representative forwarded his response to the request for useful
evidence, submitting documentation that was already in the case file.
III
PARTIAL ACKNOWLEDGMENT OF INTERNATIONAL RESPONSIBILITY
A)
The State’s partial acknowledgment of international responsibility and
observations of the Commission and the representative
13.
In its answering brief, the State made a partial acknowledgement of its international
responsibility. In its final arguments brief, it “expanded” this acknowledgement concerning
the violation of Article 5 of the Convention to Mr. Vélez Restrepo’s wife and their children
Juliana and Mateo Vélez Román (infra para. 14(a)).
14.
Regarding the facts and legal claims, it partially acknowledged its responsibility as
follows:
a)
It “acknowledges, by its acts, the violation of the right to personal integrity
recognized in Article 5 of the Convention, in relation to Article 1(1) of this
instrument, with regard to Luis Gonzalo “Richard” Vélez Restrepo, his wife Aracelly
Roman Amariles, and their children Juliana Velez Roman and Mateo Velez Roman, for
the attack suffered by Mr. Vélez as a result of acts by members of the National Army
when he refused to give up his video camera on August 29, 1996.” In addition, it
affirmed that it “does not acknowledge the violation of the right to personal integrity
of Mr. Vélez and his immediate family as regards the presumed harassment, threats
and attempted kidnapping alleged by the [Commission] and the representatives.”
b)
“By its acts, the violation of the individual dimension of right to freedom of
expression recognized in Article 13 of the American Convention of Luis Gonzalo
“Richard” Vélez Restrepo, in relation to Article 1(1) of this instrument, taking into
account that he was prevented from exercising his right to seek information as a
result of the attack of August 29, 1996.” The State asserted that “the attacks that
occurred [that day] interrupted the victim’s journalistic work, thereby violating his
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