12 72. The State repeats that the threats and acts of harassment alleged by the petitioners have not been duly proved in the present case, and it alleged that Mr. Vélez decided to leave the country of his own accord, rejecting the protective measures offered by the State, having the ability to afford him the required protection and aid. The State alleged that the presumed ongoing risk preventing Mr. Vélez and his family from returning to Colombia has not been proved either. Therefore, it requests that the IACHR declare that the State has not violated Article 22.1 in relation to Mr. Vélez and his family. 73. In regard to Articles 8 and 25 of the Convention, the State points out that it undertook various investigations in different courts, with the purpose of determining who had been responsible for the acts of aggression aimed at Mr. Vélez on August 29, 1996, in the context of the demonstration, as well as for the alleged threats and the alleged attempted kidnapping, thereby fulfilling its obligations set out in the above Articles. 74. The State points out that the facts connected with Mr. Vélez's case were immediately investigated internally in the 12th Brigade, and that on August 30, 1996, Noncommissioned officer Second Class William Moreno Pérez and Non-commissioned officer First Class José Fernando Echevarría Calle were punished with severe reprimands. In this way, the State stresses that "the military commander exercised disciplinary control and punished those responsible for disobeying orders, in an exemplary manner." The State alleges that it was a matter for the Procurator General of the Nation to investigate Brigadier General Néstor Ramírez Mejía's participation, and that on May 27, 1998, this entity ordered the proceedings to be archived due to a lack of evidence. 75. Regarding the criminal jurisdiction, the State alleges that the Public Prosecutor initiated sua sponte the investigation into the events of August 29, 1996, and that on September 19, 1996, it was decided that the matter should be referred to the military jurisdiction. On October 3, 1997, the matter was archived via a writ of nolle prosequi on the ground of the lack of an active subject. The State also points out that due to the fact that the military facilities where the military court were subsequently occupied by the FARC guerillas, the case file of the said criminal investigation was lost, rendering it impossible for the State to furnish copies of the decisions. The State alleges that the facts of the case were within the jurisdiction of the criminal military courts, since they occurred while fulfilling the maintenance of the constitutional order and it is not possible to regard these facts within the context of a serious violation of human rights or a crime against humanity. The State points out that since Mr. Vélez did not file a complaint or lawsuit before the military criminal court, he missed the opportunity for appealing the writ of nolle prosequi. 76. The State points out that preliminary administrative conciliation proceedings were initiated within the contentious administrative courts, but that no agreement was reached and that faced with the absence of a conciliation agreement, the petitioners decided not to pursue the proceedings. The State alleges that when they did not continue with the proceedings begun before the said courts, the petitioners took the decision implicitly to renounce their right to obtain monetary compensation within the domestic court system. 77. In relation to the alleged threats aimed at Mr. Vélez and his family, the State indicates that the 2nd District Procurator's Office archived the proceedings against José Fernando Echevarría Calle due to insufficient grounds. The State also indicated that the Inspectorate of the Procurator General's Office ordered the archiving, for lack of merit, of the investigation begun for the alleged links between its officials and the threats against Mr. Vélez. 78. The State stresses that in criminal matters, the 13th Regional Prosecutor of Bélen de los Andaquíes (Caquetá) is currently pursuing the corresponding investigation aimed at identifying, trying and punishing those responsible for the acts of violence, the alleged threats and the alleged