8
effective damage suffered - including the withdrawal of Mr. Vélez from his profession, his forced
exile, the moral and psychological damage to the journalist and his family - and thus the preliminary
contentious administrative proceedings came to an end.
43.
They indicate that the said proceeding does not constitute adequate means to
compensate violations of human rights and it is not necessary to exhaust it, for which they decided
not to continue with the proceedings.
5.
Ordinary Criminal Proceedings before the Public Prosecutor
44.
The petitioners state that the National Public Prosecutor has not indicted anyone
allegedly responsible for the acts perpetrated against the petitioners, i.e.: the attack carried out by
military personnel on August 29, 1996, in the Municipality of Morelia, Department of Caquetá,
against Mr. Vélez Restrepo; the threats and harassment directed against Mr. Vélez Restrepo and his
family, despite lodging complaints on two occasions about such acts before the Public Prosecutor;
and the "attempted forced disappearance" that occurred on October 6, 1997.
45.
The petitioners allege that they lodged multiple and specific complaints before the
Attorney General's Office and the Public Prosecutor providing direct information relating to the
threats and harassment they were suffering. They also alleged that: a) in September 1996, they
sent a letter to the Procurator General of the Nation's Office because individuals pretending to be
officials of the said office came to the Vélez family home to enquire about the whereabouts and
schedule of the journalist; b) in October 1996 they went to the Public Prosecutor's Office to relate
the death threats; and c) in August 1997, Mr. Vélez again notified the Public Prosecutor of the
death threats and that he and his family were in danger. According to the petitioners, the Public
Prosecutor assured them that their complaints would form part of a large investigation being
undertaken against military personnel.
46.
The petitioners state that, apart from the above complaints, they also lodged similar
complaints with the Special Administrative Unit for Human Rights of the Interior Ministry and the
Presidential Council for Human Rights in September and October 1997. Given the serious risk he
was running, said request gave rise to the adoption of certain protective measures, but did not give
impetus in any way to the existing criminal investigations.
47.
The petitioners allege that the only thing they are aware of is that an investigation
was underway for the crime of kidnapping before the Public Prosecutor of Medellín, in the Crimes
against Freedom Unit, the final result of which was never known.
On the International Responsibility of the State
48.
In their arguments on the merits, the petitioners point out that the acts complained
of represent violations of Articles 4, 5, 8, 11, 13, 17, 22 and 25 of the American Convention in
relation to Article 1.1 to the prejudice of Mr. Luis Gonzalo Vélez Restrepo; and Articles 5, 8, 17, 22
and 25 of the Convention in relation to Article 1.1 to the prejudice of Aracelly Román Amariles; and
Articles 5, 17, 19, 22 and 25 of the Convention in relation to Article 1.1 to the prejudice of Mateo
Vélez Román and Juliana Vélez Román.
49.
The petitioners requested in this regard a series of reparations, inter alia: that the
State acknowledge responsibility and make a public apology; that the State make reparations to the
family for the damages suffered, including the moral damage and the cost of medical and
psychological treatment; that the State inform the petitioners of the position of the judicial
proceedings relating to the attack against Mr. Vélez Restrepo in Caquetá in 1996, the subsequent
threats and harassment, and the "attempted kidnapping and assassination" against Mr. Vélez, as