the family life of the Vélez Román,” and referred to these consequences. The Commission
indicated that “the actions of a State that have the effect, even indirectly, of separating an
individual from his or her family and children may constitute violations of the rights of the
family and the rights of the child.”
217. The representative stated that he “agree[d] fully with the Inter-American
Commission” as regards the alleged violations of Articles 17(1), 22(1), and 19 of the
Convention. In addition, he referred in detail to the alleged consequences of the facts of this
case on the members of the Vélez Román family. He emphasized that “the impact of what
happened to Richard Vélez at Caquetá had very serious consequences on the family life and
mental integrity of the children, Mateo and Juliana Vélez Román.”
218. The State affirmed that there was no violation of Article 22 of the Convention
because it considered that “it has not been duly proved […] that the alleged threats were
made by State agents,” and “it is not possible to establish a causal nexus between the
presumed threats and attempted kidnapping that allegedly occurred, and the need for Mr.
Vélez to leave the country on October 9, 1997.” It asserted that, “prior to the supposed
attempted kidnapping on October 6, 1997, Mr. Vélez had never requested any protection or
safety assessment from the State.” The State argued that “on the day on which the
attempted kidnapping presumably occurred, the Protection Program of the Ministry of the
Interior offered Mr. Vélez and his family the possibility of relocating to any part of the
country in order to lessen the risk he had denounced, guaranteeing them financial
assistance for three months.” In addition, it indicated that, “[d]espite this, Mr. Vélez
indicated that he wished to leave the country because he considered he would not feel safe
in any part of [its] territory. The State asked, subsidiarily, that, if the Court found that there
had been a violation to Article 22 of the Convention, “it declare that the presumed violations
to the rights of the family and the rights of the children are subsumed in the violations to
the right to freedom of movement and residence.” Regarding the alleged violation of Article
19 of the Convention, Colombia indicated that, in the instant case, there was no specific
context of social risk as regards the children.
B) Considerations of the Court
219. In this chapter, the Court will rule on the State’s alleged responsibility for the
violations of freedom of movement and residence,206 the rights of the family,207 and the
rights of the child.208
B.1)
Freedom of movement and residence
220. The Court has established that freedom of movement and residence, protected in
Article 22(1) of the American Convention, is an essential condition for the free development
of an individual,209 and includes, inter alia, the right of those who are legally in a State to
206
Article 22(1) of the American Convention establishes that: “[e]very person lawfully in the territory of a State
Party has the right to move about in it, and to reside in it subject to the provisions of the law.”
207
Article 17(1) of the American Convention establishes that “[t]he family is the natural and fundamental
group unit of society and is entitled to protection by society and the State.”
208
Article 19 of the American Convention establishes that “[e]very minor child has the right to the measures of
protection required by his condition as a minor on the part of his family, society, and the State.”
209
Cf. Case of Ricardo Canese v. Paraguay. Merits, reparations and costs. Judgment of August 31, 2004.
Series C No. 111, para. 115, and Case of Manuel Cepeda Vargas v. Colombia. Preliminary objections, merits,
reparations and costs, para. 197.
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