9
well as identifying, trying and punishing those responsible; and that the State establish a special
unit within the National Public Prosecutor's Office to investigate crimes against journalists
B.
Position of the State
On the Alleged Attack suffered by Mr. Luis Gonzalo Vélez Restrepo
50.
The State of Colombia states that in 1996 there was a public announcement that in
the month of August throughout the national territory there would be some peasants' movements
composed of individuals dedicated to the cultivation and processing of the coca leaf, known as the
"coca marches."
51.
The State indicates that in accordance with intelligence information provided by the
Ministry of Defense "the outlawed armed group FARC were coercing thousands of peasants to
oppose the eradication of the illegal crops in Caquetá" and that the said group "had control of the
drugs trade which netted them considerable economic profits and that they have the capacity to
mobilize peasants' and/or coca workers demonstrations."
52.
The State alleges that by virtue of this and of the constitutional duty to protect the
civilian population, the Security Forces through the XII National Army Brigade based in Florencia,
Caquetá, undertook the operations necessary to guarantee the peaceful outcome of the
demonstrations, looking to "guarantee the rights both of the participants as well as of other civilians
not participating in the said events but who could suffer some effects." It states that once the
demonstration began, the military units responsible reported that the peasants who attempted to
return home were pressured by members of the FARC to continue on the march.
53.
The State maintains that through a number of operational orders, precise instructions
were issued to members of the Public Force to protect the civilian population and avoid
confrontations with the demonstrators. They allege that instructions were given as to the use of
loud speakers and in case they failed, the use of tear gas as a deterrent to control the
demonstrations.
54.
The State points out that during the march, military units tried to control the
approximately 13,700 demonstrators only by using persuasion via loud speakers and tear gas,
notwithstanding the almost constant use of stones, Molotov cocktails and other material by the
demonstrators toward the uniformed personnel.
55.
The State indicates that with respect to the acts that occurred in Morelia, Caquetá
on August 29, 2006, "in accordance with the available evidence, it is clear that Mr. Vélez Restrepo
suffered an act of aggression by members of the National Army due to his refusal to hand over his
video cameral." The State points out that these facts were conceded at the time by high-ranking
members of the National Government and the Military Forces, and that this criticism was evident in
the investigations and punishments given to those responsible.
56.
The State denies that the acts committed against Mr. Vélez Restrepo bear the
hallmarks of a general pattern of aggression against journalists in the context of the demonstration.
It stresses that the peasants' demonstration was covered by both the national and international
press and that the acts committed against Mr. Vélez Restrepo were isolated, since at no time did
the members of the Security Forces generally behave in a way to prevent journalists from carrying
out their work.