2
5.
The Commission concludes that the State violated, to the prejudice of Luis Gonzalo
“Richard” Vélez Restrepo, Articles 5, 13, 17, 22.1, 8.1, and 25 of the American Convention, in
conjunction with the general obligation to guarantee these rights, enshrined in Article 1.1 of the said
Treaty. In addition, the Commission concludes that the State violated Articles 5, 17, 22.1, 8.1, and
25 to the prejudice of Aracelly Rom��n Amariles, Mateo Vélez Román and Juliana Vélez Román, and
Article 19 of the Convention to the prejudice of Mateo and Juliana Vélez Román, all in relation to
Article 1.1.
II.
PROCEEDINGS BEFORE
REPORT No. 47/08
THE
IAHCR
SUBSEQUENT
TO
ADMISSIBILITY
6.
After approving Report No. 47.08 on admissibility, the Commission assigned No.
12.658 to the case. On August 1, 2008, the Commission notified both parties of the approval of
the admissibility report, offered the possibility of reaching a friendly settlement of the case, and
fixed a time limit of two months for the petitioners to present their observations on the merits.
7.
On November 7, 2008, the petitioners presented their allegations on the merits.
These allegations were sent to the State on November 12, 2008, with a request for observations
within a time limit of two months.
8.
On April 1, 2009, the State expressed its willingness to commence a friendly
settlement, and requested the Commission to inform the petitioners. On April 15, 2009, the State's
brief was sent by the IACHR to the petitioners, requesting that they indicate if they were interested
in initiating the procedure set out in Article 48.1.f of the American Convention.
9.
On May 18, 2009, the petitioners replied to the IACHR's request, indicating "we are
not interested at this time in searching for a friendly settlement with the Colombian Government".
On May 20, 2009, the State of Colombia was made aware of this information.
10.
On August 6, 2009, the State presented its allegations on the merits. On October
26, 2009, these allegations were sent to the petitioners.
11.
On April 30, 2010, the IACHR requested from the State, within a time limit of one
month, "a copy of the main procedural elements in the criminal and disciplinary proceedings initiated
by the Public Prosecutor of the Nation, the Procurator General of the Nation, the Armed Forces, or
by any other state entity regarding the alleged physical attack suffered by Mr. Luis Gonzalo Vélez on
August 29, 1996, and the alleged threats and harassment received by Mr. Luis Gonzalo Vélez and
his family subsequent to August 29, 1996". In a submission of June 2, 2010, the State sent "the
disciplinary proceedings referred to in the note of April 30", and informed the Commission that
"once the information relating to the criminal proceedings has been received from the Prosecutor
General of the Nation, it will be immediately sent to the IACHR." As of the date of this Report, the
State has not sent any additional information to the IACHR.
12.
On September 8, 2010, the petitioners sent to the Commission "a number of
additional elements relating to the same disciplinary and criminal proceedings".