13
attempted kidnapping, an investigation which in June 2009 was at the preliminary investigation
stage. The State alleges that the fact that no one allegedly responsible has been singled out, does
not in any way imply State responsibility. The State stressed that during the proceedings all legal
guarantees were available to the parties, different logical lines of enquiry were developed, and
progress was hindered on numerous occasions as a result of the silence exhibited by Mr. Vélez, his
family and his attorney. The State requested via the Commission that the petitioners join the
proceedings as a civil party.
79.
In conclusion, the State requests that the Commission: declare that it lacks
jurisdiction to examine the petitoners' allegations relating to Articles 4, 7, 11, and 22.5 of the
Convention, and declare the lack of international responsibility of the State with respect to Articles
5, 8, 13, 17.1, 19, 22.1 and 25 of the Convention in relation to Articles 1.1 and 2 of the
Convention.
III.
ESTABLISHED FACTS
The Aggression Suffered by Mr. Vélez on August 29, 1996
80.
Mr. Luis Gonzalo Vélez Restrepo was a cameraman for the news program Colombia
12:30 and covered, among other assignments, those relating to public order. On August 29, 1996,
Mr. Vélez was in Morelia, in the Department of Caquetá, Colombia, covering a demonstration by
peasants dedicated to the cultivation of coca leaves. 2
81.
According to the ample media coverage surrounding the events, thousands of people
participated in the demonstration towards the city of Florencia, capital of the Department of
Caquetá, to protest against the spraying of their crops. On the morning of August 29, when the
security forces blocked the bridge over the river Bodoquero, the demonstrators attacked the military
and the military responded with tear gas grenades and, subsequently, with gunshots. 3 The
disciplinary proceedings undertaken later by the State found that the actions of the military forces
displayed "excessive use of the means available to control" the demonstration, and "physical
aggression against persons participating in the disturbances, who were not in a position to defend
themselves". 4 In these proceedings, the "reports submitted by the different news media, especially
those broadcast by the television news", served as proof in the proceedings, which ended with
disciplinary punishments. 5
82.
Mr. Vélez, who was filming the disturbances, was physically attacked by various
members of the 12th National Army Brigade to prevent him from continuing filming the actions of
the military forces and to confiscate the recorded material. 6 Among the images that Mr. Vélez took
2
Initial Petition received on July 29, 2005, pp. 6-7. Facts recognized by the State of Colombia in its brief received
on August 4, 2009, pp. 4-8.
3
Initial Petition received on July 29, 2005, Annex 3, Hans Sarmiento, "Battle on the Bridge", Revista Cambio,
September 2, 1996; Annex 4, German Jiménez Leal, "Caquetá was for the taking", El País, August 30, 1996; Annex 5, “21
Injured by Disturbances in Morelia", El Nuevo Siglo, August 30, 1996; and Annex 6, video tape: attack on Mr. Vélez
Restrepo in Caquetá (hereinafter the “Vélez Video”).
4
Petitioners’ Brief received on October 4, 2006, Annex, Colombian Armed Forces, 12th Brigade, Decision No. 011
of August 30, 1996 (this decision was submitted by the State in its brief received on June 2, 2010).
5
State’s brief received on June 2, 2020, Annex, Colombian Armed Forces, 12th Brigade, Decision No. 012 of
August 30, 1996.
6
Initial Petition received on July 29, 2005, Annex 6, Vélez Video. Facts recognized by the State of Colombia in its
brief received on August 4, 2009, pp. 4-5.