3
With regard to the recommendation to “provide instruction to the military forces on
the role that journalists fulfill in a democracy, and the right of journalists to cover freely and
in conditions of security any situation related to public order and armed conflict,” the State
described its training programs in human rights for members of the Armed Forces and
pledged to "promote training of the military forces on the role of journalists in a democracy,
and the right of journalists to cover situations of armed conflict and public order freely and
safely in the coming months."
In short, the IACHR appreciates the initial steps taken by the State for the
implementation of some of the recommendations made in the Merits Report 136/10.
However, the information provided by the State does not allow measuring more accurately
the effects of such measures. In addition, in respect of the recommendations of
investigation and punishment of those responsible, as well as reparation for the victims, the
IACHR considers that there has been no compliance.
The Inter-American Commission submits to the jurisdiction of the Court all the facts
and human rights violations described in Merits Report 136/10. As a result, the IACHR
requests the Court to conclude and declare the international responsibility of the State of
Colombia for the violation of:
a)
The rights enshrined in Articles 5, 13, 17, 22(1), 8(1) and 25 of the American
Convention, in relation to the obligations established in Article 1(1) of the said
treaty, to the detriment of Luis Gonzalo “Richard” Vélez Restrepo;
b)
The rights enshrined in Articles 5, 17, 22(1), 8(1) and 25 of the American
Convention in relation to the obligations established in Article 1(1) of said treaty,
to the detriment of Aracelly Román Amariles, Mateo Vélez Román and Juliana
Vélez Román.
c)
The right enshrined in Article 19 of the American Convention in relation to the
obligations established in Article 1(1) of said treaty, to the detriment of Mateo
and Juliana Vélez Román.
Accordingly, the Commission requests the Inter-American Court to order the
following measures of reparation:
a)
Undertake, within a reasonable time and in the ordinary courts, a diligent investigation of
all the acts of violence and harassment against Luis Gonzalo “Richard” Vélez Restrepo
and his family, in order to identify, try and punish those responsible for the said acts;
b)
Undertake an investigation in order to identify those eventually responsible for the
deficiencies in the investigations and the omissions in the protection of Mr. Vélez and his
family, and to apply the corresponding administrative, disciplinary or other type of
sanctions;
c)
Make holistic reparations to Luis Gonzalo “Richard” Vélez Restrepo and his family;
d)
Adopt the necessary measures to protect or ensure the Vélez Román family's security in
case they decide to return to Colombia on a temporary or permanent basis;
e)
Continue with the adoption and strengthening of the special programs to protect
journalists in danger and investigate crimes against them; and
f)
Provide instruction to the military forces on the role that journalists fulfill in a democracy,
and the right of journalists to cover freely and in conditions of security any situation
related to public order and armed conflict.