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violence in the country, and that the said rights had also been violated in the case of
his next of kin.305
207. In the said decision, the Constitutional Court of Colombia analyzed the content
of the message issued by the media as part of President Álvaro Uribe’s re-election
campaign, indicating that “a simple reading of the ‘testimonial’ is sufficient to
distinguish between the statements [that correspond to facts], and other statements
that express an opinion or ethical judgment about the said facts.” That court concluded
that “accusing an individual or a group of individuals of killing and injuring civilians,
without providing evidence to justify such serious statements, goes beyond the limits
of freedom of expression, because it is not reasonable to understand that such
statements are shielded by the protection of freedom of expression, however extensive
this may be.” Lastly, in this judgment, the Constitutional Court ordered the manager of
the President’s re-election campaign to “explicitly and publicly state [in a communiqué]
that the campaign had incurred in error by disseminating, as part of its publicity
strategy, a message whose content had not been proved even though it included
assertions that were injurious to the good name and honor of Iván Cepeda Castro and
his next of kin.” 306
208. The Court has analyzed the said judgment of the Constitutional Court, insofar as
it declared that the right to honor and dignity of Iván Cepeda Castro and his next of
kin had been violated by the said publicity message and ordered pertinent reparations
at the domestic level. In these terms, 307 the Court declares the corresponding violation
(infra para. 210).
209. The Court finds that the situation of stigmatization that affects the next of kin of
Senator Cepeda Vargas has exposed them to continued threats and harassment in
their search to clarify the facts. These circumstances have been further exacerbated by
the extended length of time that has elapsed without all the responsibilities for the
facts having been clarified.308
210. In brief, the Court concludes that the State has incurred international
responsibility for the violation of Article 5(1) of the Convention in relation to Article
1(1) thereof, to the detriment of the following next of kin of Senator Manuel Cepeda
Vargas: his children Iván Cepeda Castro and María Cepeda Castro; his common-law
wife Olga Navia Soto (deceased); his daughter-in-law Claudia Girón Ortiz; and his
sisters and brother, María Estella Cepeda Vargas, Ruth Cepeda Vargas, Gloria María
Cepeda Vargas, Álvaro Cepeda Vargas and Cecilia Cepeda Vargas (deceased), based
on the suffering endured by the next of kin as a result of the extrajudicial execution of
Senator Cepeda Vargas. Furthermore, the Court has determined that, at both the
initial stage of the investigations, and in more recent times, Iván Cepeda Castro, María
Estella Cepeda Vargas and Claudia Girón have received threats owing to their search
for justice and truth, and this constitutes a violation of their right to personal integrity,
305
Cf. Ruling of the Fifth Review Chamber of the Constitutional Court of Colombia of November 20, 2006, in
case T-13911055, supra note 304, folios 2036 to 2037.
306
Cf. Ruling of the Fifth Review Chamber of the Constitutional Court of Colombia of November 20, 2006, in
case T-13911055, supra note 304, folios 2029, 2032 and 2039.
307
Cf. regarding what is relevant in relation to “ensuring harmonization with the provisions of the
Convention,” Case of Almonacid Arellano et al. v. Chile, supra note 38, paras. 124 and 125; and Case of Dismissed
Congressional Employees (Aguado Alfaro et al.) v. Peru, supra note 27, para. 128.
308
Cf. Myrna Mack Chang v. Guatemala. Merits, reparations and costs. Judgment of November 25, 2003.
Series C No. 101, para. 272; Case of Radilla Pacheco v. Mexico, supra note 24, para. 168, and Case of Anzualdo
Castro v. Peru, supra note 36, para. 113.
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