7
2.
Disciplinary Proceedings for the Physical Attacks against Luis Gonzalo Vélez
Restrepo in Caquetá in 1996
37.
The petitioners point out that in accordance with the information they received, two
disciplinary investigations had been opened in 1996 for the physical attacks suffered by the alleged
victim in 1996. On the one hand, proceedings were started against General Néstor Ramírez by the
Procurator General of the Nation's Office. This was archived. The petitioners allege that they are
unaware of the reason for the archiving.
38.
As regards the proceedings against the members of No.36 Battalion, the petitioners
pointed out that they received information according to which at least two non-commissioned
officers had been disciplined by the Armed Forces, although it is not known whether these
punishments were upheld at second instance. The petitioners stress that non-commissioned officer
William Moreno Pérez had been disciplined for having ordered the confiscation of Mr. Vélez
Restrepo's video camera on August 29, 1996, and for the insults committed against him, in
fulfillment of said order. In addition, the petitioners allege that non-commissioned officer José
Fernando Echevarria Calle was disciplined "for the events that occurred in Morelia (Caquetá) and for
the excessive use of Public Force". The petitioners point out that the two soldiers appealed the
above decisions and the results of these proceedings are not known.
3.
Disciplinary Proceedings before the Procurator General of the Nation for the threats
and acts of harassment and intimidation against Mr. Luis Gonzalo Vélez Restrepo
and his family
39.
The petitioners point out that in accordance with a report of July 1998 of the
National Department for Special Investigations (Human Rights Unit) of the Procurator General of the
Nation's Office, non-commissioned officers Echevarría Calle and Moreno Pérez were also involved in
the threats and acts of harassment and intimidation against Mr. Vélez Restrepo and his family. The
petitioners stress that only one investigation was initiated with the Second District Attorney General
against Non-commissioned officer Echevarría Calle, whose case file had been archived, without any
further procedural steps being undertaken. The petitioners submit that in March 2001, an
investigation was launched in the Inspectorate of the Procurator General of the Nation's Office with
respect to the complaints of threats, acts of harassment and intimidation which involved members
of the Procurator's Office, which was also archived in 2002.
40.
In this sense, the petitioners point out that in none of the disciplinary proceedings
have they been told of any final decision, and that if they have obtained any information, it is offthe-record or was finally obtained in 2006, after the State's response when multiple requests were
lodged by the petitioners' lawyer in Colombia.
41.
The petitioners also stress that in accordance with what the IACHR has held in other
cases, disciplinary proceedings cannot in themselves constitute an adequate or effective remedy to
safeguard the human rights violated in the present case.
4.
Proceedings for a Preliminary Administrative Settlement
42.
In 1998, the petitioners presented a request for a preliminary administrative
settlement before the Contentious Administrative Court of Cundinamarca for the personal injuries
against Luis Gonzalo Restrepo and for the harassment of him and his family. On November 9,
1998, the State offered approximately 1,200.00 US dollars as compensation for the 1996 attack
and for the subsequent harassment suffered by the journalist and his family. The petitioners did not
agree to this in any way due to the fact that the State did not assume responsibility for the events
and that the sum of money offered was considered insufficient by the petitioners, given the