17
Caquetá 35 . It also observed that "those who could be most interested in harassing and threatening
Mr. Vélez and his family are those individuals who attacked him during the acts of violence that
occurred in the Morelia-Caquetá Municipality on August 29, 1996." 36 This analysis is also
supported both by the content of the threats themselves 37 as well as coincidence in time between
the worsening of the threats and Mr. Vélez's contributions to the judicial and disciplinary
proceedings. In addition, contemporary published documents record that at that time the Colombian
military forces were fiercely opposed to investigations against their own members and in some
cases they undertook action, including threats and attacks, directed at obstructing these
procedures. 38 Finally, the Commission observes that the criminal investigation with respect to these
acts of harassment are still in a preliminary stage without having clarified the facts, and points out
that the State cannot shelter behind the negligence and ineffectiveness of its own criminal
investigation. 39 Based on these considerations, the IACHR concludes that the threats, acts of
harassment and the attempted kidnapping suffered by the petitioners was linked to the attack
suffered by Mr. Vélez on August 29, 1996, and his subsequent efforts to obtain justice, and
emanated from Colombian state agents.
The effects on Mr. Vélez and his family
91.
The threats and acts of harassment against Mr. Vélez and his family that began in
September 1996 have caused profound effects on the lives of the petitioners, forcing them to leave
their home, to hide, to abandon daily work and experience a difficult economic situation, as well as
the deep and lasting feelings of fear and anxiety generated by being the objects of constant death
threats. 40 In addition, Mr. Vélez experienced strong professional pressure to censure his work and
withdraw his legal complaints against the Army, and was forced to withdraw from the group of
reporters with access to sources of military news. 41
92.
On October 9, 1997, based on the abovementioned threats and acts of harassment,
and above all the attempted kidnapping on October 6, 1997, Mr. Vélez was forced to leave
35
Petitioners’ Brief received on October 4, 2006, Annex, National Department for Special Investigations, Human
Rights Unit, Procurator General of the Nation's Office, Evaluation Report on Preliminary Inquest D.H.I.E., 125/98, July 10,
1998.
36
State’s brief received on August 4, 2009, p. 47. Petitioners’ Brief received on October 4, 2006, Annex,
Procurator General's Office, Inspectorate, automatic archiving, filing No. No. 030-54410/2001, May 3, 2002.
37
See Initial Petition received on July 29, 2005, p. 16 and Annex 37, written threat received by Mr. Vélez on
October 5, 1997, saying "Mr. Vélez: toads get squashed". The petitioners state that the word "toads" refers to
"informants"; p.13 and Annex 1, Sworn Statement of Mr. Vélez Restrepo, according to which he received a threat stating
"You have the power of information, we have the power of guns." See also Petitioners’ Brief received on September 8,
2010, Annex 2, General Public Prosecutor of the Nation, Statement of Luis Gonzalo Vélez Restrepo, August 27, 1997, "in
the calls they told me that if I wasn't dead yet, they would treat me like a toad".
38
See IACHR, Third Report on the Human Rights Situation in the Republic of Colombia, OEA/Ser.L/V/II.102 Doc. 9
rev. 1, February 26, 1999, Chapter V, para.67, “Those responsible for abusing human rights sometimes gain impunity by
threatening or attacking those who might contribute to punishing them." See also, U.S. Department of State, Colombia
Country
Report
on
Human
Rights
Practices
for
1997,
available
at:
http://www.state.gov/www/global/human_rights/1997_hrp_report/colombia.html, January 30, 1998, “Although top military
leaders hailed the cases brought against guerrilla leaders, they strongly objected, and in some cases tried to obstruct,
prosecution of cases against members of the armed forces and of paramilitary organizations”. See also, Human Rights
Watch, War without Quarter: Colombia and International Humanitarian Law, 1998, Chapter 3, available at:
http://www.hrw.org/spanish/reports/colombia/, “The civil investigators charged with cases relating to the armed forces
continue to be harassed and threatened, and some have been forced to quit their posts (or leave the country)."
39
Cf. I/A Court H.R., Case of Kawas Fernández v Honduras. Merits, Reparations and Costs. Judgment of April 3,
2009, Series C No. 196, para.97.
40
Initial Petition received on July 29, 2005, p. 14. A fact not denied by the State.
41
Initial Petition received on July 29, 2005, p. 14. A fact not denied by the State.