right to seek information.” Colombia also maintained that it “is not responsible for
violating the social dimension of freedom of thought and expression,” and “is not
responsible for violating the right to freedom of thought and expression of Mr. Vélez
and his immediate family as regards the presumed harassment, threats and
attempted kidnapping” that supposedly occurred after August 29, 1996.
c)
“Partially, for the violation of the rights to judicial guarantees and judicial
protection (Articles 8 and 25 of the American Convention), in relation to Article 1(1)
of this instrument, with regard to Richard Vélez Restrepo, Aracelly Román Amariles,
Juliana Vélez Román and Mateo Vélez Román. Essentially, because:
o
o
o
No serious investigation was undertaken that would have allowed the
determination and [eventual] criminal punishment of the perpetrators of the
attack suffered by Luis Gonzalo “Richard” Vélez Restrepo on August 29,
1996.” Colombia explained that “[t]his acknowledgment involves two aspects:
the loss of the criminal case file (owing to] circumstances inherent in an area
of détente decreed in the context of the peace process that the State had
embarked on at the time of the events […],” and because, since it was
impossible to consult the case file, it has been unable to comply “with its
obligation to prove that the conclusion reached by the 22nd Military Criminal
Judge regarding the failure to identify those presumably responsible resulted
from a serious decision undertaken with due diligence in the investigation
conducted by the military justice system.”
“No serious investigation was undertaken that would have determined and
eventually led to the criminal punishment of the presumed authors of the
threats of which Mr. Vélez Restrepo was a victim, and
There was a violation of reasonable time in the investigation conducted into
the presumed attempted kidnapping that supposedly took place against Mr.
Vélez Restrepo on October 6, 199[7].”
d)
Colombia affirmed that it was not responsible for the alleged violation of the
principle of the natural judge. In addition, it argued that it was not responsible for
the alleged violations of the right to movement and residence, the rights of the
family, and the rights of the child to the detriment of Mr. Vélez Restrepo and his
family; the alleged violation of the right to life of Mr. Vélez Restrepo, and the alleged
violation of the honor and dignity of Mr. Vélez Restrepo.
15.
Colombia also stated that it recognize as victims both Mr. Vélez Restrepo, and also
his wife Aracelly Román Amariles and their children Juliana and Mateo Vélez Román.
16.
Regarding the reparations, the State indicated that it “deeply regretted the events
that occurred and that its intention was, above all, to achieve comprehensive reparation for
the victims in this case and that similar events are not repeated.” The State indicated its
“good faith to repair the damage caused by the absence of a serious investigation into the
threats and personal injury, and the efforts it will take to advance the ongoing investigation
into the presumed attempted kidnapping.” However, it opposed “the reparation requested
as regard reopening the criminal investigations into personal injury and threats, which have
now prescribed, [on the grounds that] this would constitute a violation of the international
obligations embodied in the American Convention.” Regarding the measures to protect Mr.
Vélez Restrepo’s family, the special programs to protect journalists at risk and to investigate
crimes against them, and the training for the military forces, the State indicated that “these
three reparations are unwarranted, since the State has been complying with them [… and]
will continue to comply with them.” As for the measures of psychosocial and medical
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