172. A fourth probative element that provides indications about the possible involvement
of the military are two decisions adopted in the disciplinary inquiries. The Court notes the
State’s opposition to statements being assessed for these purposes that were made in
decisions issued in the context of disciplinary investigations; investigation that, moreover
had been closed for lack of merit (supra para. 154). The Court does not agree with this
position, because neither the Commission nor the Court used these documents to establish
individual disciplinary or criminal responsibilities, but rather to emphasize that those
authorities identified indications of the possible connection between the threats and
harassment, and the attack committed by soldiers against Mr. Restrepo in August 1996. In
this regard, the Court notes that the “evaluation report” issued by the Human Rights Unit of
the National Special Investigations Directorate of the Attorney General's Office in July 1998
stated that “the source of the threat can be found in the performance of his professional
work as a cameraman, [because one of the events he filmed] was the peasants’ coca march
in the municipality of Morelia in the department of Caquetá where he was attacked by
uniformed personnel attached to the Battalion of the Twelfth Brigade based in Florencia”
(supra para. 113). The decision of the Oversight Office of the Attorney General's Office of
May 2002 (supra para. 114) is also worth noting in which, when it decided to close the
investigation, it noted that “those who may have had an interest in harassing and
threatening Mr. Vélez […] would be those who attacked him during the violent events that
took place in the municipality of Morelia, Caquetá, on August 29, 1996.” There is no
evidence that these indications noted by the said administrative bodies have been
investigated in the criminal jurisdiction.
173.
Finally, in relation to the affirmations concerning an alleged context of threats and
violence by Colombian military forces to prevent investigations against their members 179
(supra para. 51), the Court considers that the evidence provided is insufficient to establish
the contextual situations mentioned by the Commission and the representative as a fact in
this case.
174. Based on all the foregoing, the Court observes that, in this case, the evidence is
sufficient, reliable, and pertinent to prove the facts that are the subject of the analysis. 180
The Court has different concurring probative elements from which it is possible to find
proved the connection between the threats, harassment and attempted deprivation of
liberty, and the measures taken by Mr. Vélez Restrepo to obtain the investigation and
punishment of the soldiers responsible for the attack he suffered on August 29, 1996. In
addition, the State failed to comply with its obligation to conduct a criminal investigation
into these events.
175. Consequently, the Court concludes that State can be attributed with international
responsibility owing to the participation of State agents in the threats, harassment and
attempted arbitrary deprivation of liberty perpetrated against Mr. Vélez and his family.
C.1.d) Alleged violation of Article 5(1) of the American Convention
179
The Commission argued that this case is circumscribed to the alleged context according to which the
Colombian Armed Forces opposed investigations against their members, sometimes using threats and attacks. The
representative alleged the existence of a context of “threats and violence […] against those who tried to use the
Colombian judicial system to file complaints of this nature and against those that formed part of that system.”
180
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 127 and Case of Perozo et al. v. Venezuela.
Preliminary objections, merits, reparations and costs, para. 113.
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