1996 attack and the subsequent harassment suffered by the journalist and his family. They
indicate that no agreement was ultimately reached because the State did not take
responsibility for the events and the sum offered was considered insufficient by the petitioners,
thus concluding the administrative conciliation process.
37. They note that the aforementioned proceeding does not constitute an adequate means of
compensating human rights violations and does not need to be exhausted.
e.
Ordinary criminal proceeding before the Office of the Attorney General of the
Nation
38. They claim that the Attorney General of the Nation has not charged any suspect in the
incidents perpetrated against the petitioners, including: the attack perpetrated by military
personnel on August 29, 1996, in the municipality of Morelia, Caquetá department against Mr.
Vélez Restrepo; the threats and harassment against Mr. Vélez Restrepo and his family, even
though they were reported directly to the Office of the Attorney General on two occasions; the
“attempted forced disappearance” on October 6, 1997. They indicate that they are unaware of
whether any investigation was even opened in the first two incidents mentioned.
39. They presented numerous, specific complaints to the Offices of the Prosecutor General and
the Attorney General, with information related directly to the threats and persecution they
were experiencing. They sent a letter in September 1996, after individuals pretending to be
officials from that office disturbed the Vélez family at home. In October 1996, they approached
the Office of the Attorney General to report death threats. In August 1997, Mr. Vélez again
notified the Office of the Attorney General about the death threats and that he and his family
were in danger. The Office of the Attorney General assured them that the complaints would be
included in a broader investigation in progress against military officials.
40. They indicate that they lodged similar complaints before the Special Administrative Human
Rights Unit of the Ministry of the Interior and the Office of the Presidential Advisor for Human
Rights, which provided a certain degree of protection for the petitioners after determining that
they were in grave danger, but did not open any sort of criminal investigation.
41. They claim that the only thing they were able to learn was that the Unit for Offenses
against Liberty of the Office of the Attorney General of Medellín launched an investigation for
the crime of kidnapping against Mr. Vélez Restrepo, the final outcome of which could not be
ascertained.
With regard to the admissibility requirements of the petition
42. They state that under the auspices of Columbia University’s Human Rights Clinic they
lodged a petition before the United Nations Human Rights Committee of the International
Covenant on Civil and Political Rights in early 2002 (hereinafter “the Human Rights Committee”
or “the Committee”). They contend, however, that no situation of international litispendence
exists since the Committee informed them that the complaint was written in English and hence
could not be taken up unless it was resubmitted in Spanish, the official language of the
Colombian State. They assert that on June 26, 2003, prior to lodging the petition before the
Inter-American Commission, the petitioners withdrew their complaint from the Committee
before it was forwarded to the State. They indicate that the Human Rights Committee has
confirmed that the case is not under consideration by that organ pursuant to a decision
adopted in July 2003 at its 78th session. This decision was communicated to the petitioners on
September 20, 2004.6
43. They assert that the exception to the requirement of exhaustion of domestic remedies is in
order since, from the date on which the events began up to the present time, there has been
no adequate investigation or punishment through the appropriate channels of those
6
According to the September 20, 2004 letter from the United Nations Human Rights Committee which indicated that
as of its 78th session held in July 2003, the communication presented on behalf of Mr. Vélez Restrepo and his family
was no longer being considered before that body.
6