indicated that he felt severe pain in the chest, abdomen, and testicles, 84 and had a
persistent cough that was treated with “respiratory therapy.”85 The report of the
examination made at the Bogotá clinic on the night of August 29, 1996, mentions that the
patient had an “echo[gram] of the abdomen that show[ed] that the liver, biliary tract and
pancreas were normal” and that there was no “signs of thoracic or abdominal injury.”86 He
was interned in the clinic until August 30, 1996,87 and then had a 15-day disability leave at
home.88 According to the medical examination carried out on Mr. Vélez, on September 4,
1996, at the said clinic, the “patient […] said that he felt very well except that he was
suffering from insomnia.”89
83.
On August 29, 1996, the Commander of the Army’s Twelfth Brigade, General Nestor
Ramirez Mejia, publicly denied the occurrence of the attack by members of the Army
against Mr. Vélez Restrepo.90 The next day, the Commander of the National Army visited
Mr. Vélez Restrepo at the Clinic in Bogota, where he expressed his regret for the attacks
perpetrated against him, apologized for the incident, and stated that the corresponding
investigations would be undertaken. In addition, the Minister of Defense and the Minister of
the Interior stated that it was regrettable that this attack had been carried out against Mr.
Vélez Restrepo, which constituted an “isolated incident,” an “excess” that would not be
tolerated by the Government, and should be punished.91
B)
Facts subsequent to the attack of August 29, 1996
84.
At the time of the facts of this case and in the following years, there was a context of
special risk for journalists and social commentators to carry out their work in Colombia,
owing to acts of violence, threats and harassment by those involved in the internal armed
conflict, including armed dissident groups, paramilitary groups, and some members of the
83
Cf. medical report of the María Inmaculada Hospital in Florencia of August 29, 1996 (file of annexes to
Merits Report 136/10, tome I, annex 7, folio 29), and statement made by Aracelly Román Amariles on July 25,
2005, before a notary public of the District of Colombia, United States of America (file of annexes to Merits Report
136/10, tome I, annex 16, folio 84, and file of annexes to the pleadings and motions brief, tome II, annex 17, folio
662).
84
Statement made by Luis Gonzalo Vélez Restrepo before the Inter-American Court at the public hearing
held on February 24, 2012.
85
Cf. medical report issued by the Sociedad Médica Assistir of Bogotá on August 29, 1996 (file of annexes to
Merits Report 136/10, annex 7, folios 49 and 50).
86
folio 50.
Cf. medical report issued by the Sociedad Médica Assistir of Bogotá on August 29, 1996, supra note 85,
87
Cf. medical report issued by the Sociedad Médica Assistir of Bogotá on August 30, 1996 (file of annexes to
Merits Report 136/10, annex 7, folio 39).
88
Cf. Opinion issued by the National Institute of Legal Medicine and Forensic Sciences on November 1, 1996
(final arguments of the State, annex 1, merits file, tome III, folio 1840).
89
Cf. control of evolution by the Sociedad Médica Assistir of Bogotá on September 4, 1996 (file of annexes
to Merits Report 136/10, annex 7, folio 40).
90
Cf. Video recording of news item disseminated by the media in relation to the attack of August 29, 1996
(file of annexes to Merits Report 136/10, tome I, annex 4, folio 14, minute 9.26-10.48 and minute 11.06-11.56);
article published in the newspaper “El Heraldo” on August 31, 1996, entitled “Investigan brutal ataque de soldados“
[Investigation of brutal attack by soldiers] (file of annexes to Merits Report 136/10, annex 8, folio 57).
91
Cf. video recording of news disseminated by the media in relation to the attack of August 29, 1996 (file of
annexes to Merits Report 136/10, annex 4, folio 14, minutes 6:42, 12:12 and 12:36), and article published in the
newspaper “El Siglo” on August 31, 1996, entitled “Gobierno se disculpa públicamente por agresiones en Caquetá”
[Government issues public apology for acts of violence in Caquetá] (merits file, tome II, folio 1146); article
published in the newspaper “El Heraldo” on August 31, 1996, entitled “Investigan brutal ataque de soldados”,
supra note 90, folio 57, and article published in the newspaper “El País” on August 31, 1996, entitled “Preacuerdo
en Caquetá” [Preliminary agreement in Caquetá] (file of annexes to Merits Report 136/10, annex 9, folio 60).
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