their son Mateo or the whole family. According to the testimony of Mr. Vélez Restrepo and
Mrs. Roman Amariles, as well as the expert opinion of the psychiatrist Kessler, during
periods of constant threats, the latter and the children Mateo and Juliana had to live
“confined to the house” and Mateo felt the constant fear experienced by his mother. In
addition, Mr. Vélez Restrepo and Mrs. Roman Amariles had to take measures to protect
themselves, such as moving house and changing Mateo’s school, with all the emotional
consequences that this implied. Added to this, Mr. Vélez Restrepo had trouble sleeping and
had nightmares, which consequently affected his wife. Mrs. Roman Amariles stated before
the Court that this situation also affected their “life as a couple” and that the family had to
seek psychological help. Mr. Vélez Restrepo, Mrs. Roman Amariles, and their son Mateo
received psychological treatment for eight months starting on September 10, 1996.186
179. Also, in their testimony before this Court, Mr. Vélez Restrepo and Mrs. Roman
Amariles expressed the great fear, anguish and distress that the events of October 6, 1997,
caused to them and their children Mateo and Juliana, when Mr. Vélez Restrepo was able to
escape from the individuals who tried to deprive him of his liberty and arrived home
shouting that they wanted to kill him. They explained that, owing to the seriousness of the
situation, they had to leave the house in which they lived and their belongings and, for the
three following days, had to stay in different places.
180.
In order to rule on the violation of personal integrity, the Court takes into
consideration that the expert appraisal of the psychiatrist Kessler, carried out between
November 2011 and January 2012, diagnosed that Mr. Vélez Restrepo, Mrs. Román
Amariles and their son Mateo Vélez Román suffered from a chronic disorder due to posttraumatic stress and major depression, and that Juliana suffers from chronic mild
depression, which is due to the attack on Mr. Vélez on August 29, 1996, the threats,
intimidation and attempted deprivation of liberty, but also, to a great extent, is related to
the consequences of having had to leave Colombia to live in the United States of America as
asylees.187
181. Based on the foregoing considerations, the Court concludes that the State violated
the right to personal integrity recognized in Article 5(1) of the American Convention, in
relation to Article 1(1) of this instrument, to the detriment of Luis Gonzalo Vélez Restrepo,
Aracelly Roman Amariles, Mateo Vélez Román and Juliana Vélez Román.
C.1.e) Alleged violation of Article 4(1) (Right to Life) 188 of the Convention
182. Regarding the representative’s allegation, disputed by the State, 189 that the said
attempted deprivation of liberty of Mr. Vélez Restrepo was a violation of the right to life as it
involved an “attempted forced disappearance,” the Court recalls that the assertions
concerning the alleged context of forced disappearances in Colombia (supra para. 51) are
186
Certification issued on July 4, 1997, by Dr. Constanza Velásquez, in which she “[…] certifies that, from
September 10, 1996, to May 16, 1997, she provided psychological treatment to the VELEZ ROMAN FAMILY […].
During which, [referring to the sessions] an assessment, tests, and management of anxiety, depression and stress,
and relaxation were carried out” (file of annexes to the Merits Report, annex 29, folio 167).
187
Cf. expert opinion provided by affidavit by Carol L. Kessler on February 18, 2012 (merits file, tome II,
folios 947 to 961).
188
Article 4(1) of the American Convention establishes that “[E]very person has the right to have his life
respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be
arbitrarily deprived of his life.”
189
Colombia argued the lack of evidence to affirm that “there was an attempted forced disappearance,” and
that “the supposed generalized context of violence against journalists cannot per se give rise to a violation of the
right to life.”
55