227. It is especially important for this case to recall that the Court has established that
“[t]he child has the right to live with his family, which is called upon to satisfy his material,
affective, and psychological needs.”225
228. The Court considers that the threats and harassment against Mr. Vélez Restrepo and
his family as of September 1996 and the failure to adopt opportune protection measures
entailed the State’s failure to comply with its obligation to provide protection against
arbitrary or illegal interferences in the family. In addition, the Court finds that since Mr.
Vélez Restrepo had to leave the country first and the Vélez Román family was separated for
almost a year, the enjoyment of coexistence between the members of this family was
severely affected. Mr. Vélez Restrepo had to leave the country first, and the family was able
to reunite once they obtained the approval of the asylum request from the United States
authorities.
229. During that entire time, Mr. Vélez Restrepo had to remain alone in the United States
of America, while he waited for this approval. This meant that Mrs. Román Amariles had to
take care of their children Mateo and Juliana under particularly difficult emotional and
financial circumstances, as well as insecurity. They had to leave their home in Bogotá
without their belongings and move to Medellín to live in the homes of family members.
According to the testimony of Mrs. Román Amariles, she was very afraid for the safety of
herself and her children in view of the possibility that the threats could be carried out. Even
though Colombia stated that it had offered financial assistance to the Vélez Roman family
for three months, this Court did not receive sufficient evidence to prove that it had in fact
provided this assistance to the family; to the contrary, in her testimony, Mrs. Román
Amariles explained that, since she did not have the necessary financial resources to
maintain her two children, she had to leave Mateo with his paternal grandmother and only
visit him on weekends.
230. The Court considers that those facts specifically violate the right of the boy, Mateo,
and the girl, Juliana, to live with their family and, consequently to have their material,
affective, and psychological needs satisfied. Also, the evidence proves the severity of the
consequences on the life and stability of the boy, Mateo, who not only had to experience the
threats against his family, and the move to a different home and city, but also the
separation from his father, and from his mother and sister. Psychiatrist Kessler’s expert
opinion reveals that this separation had special repercussion on Mateo, who did not
understand why they had to be apart and, even when he tried to be strong to avoid causing
his mother more concerns, “he was very distressed each Sunday when he had to say
goodbye to her after their weekend meeting to go back to his grandmother’s house and to
school.” The expert witness indicated that events such as the threats, the flight from his
home in Bogotá, and the separation from his father and mother caused “traumas” in
Mateo’s life that made him feel powerless and under the threat that he or his family could
be injured or murdered; she added that “[s]tudies show that traumas of this nature have an
impact on a child’s neurophysiology, his behavior, and the way he perceives his
surroundings.”
231. In addition, the testimony given by Mr. Vélez Restrepo and Mrs. Román Amariles and
the expert assessment of psychiatrist Kessler reveal, inter alia, the effect that the absence
of opportune measures of protection and the subsequent separation of the family had on
both the family’s coexistence and the married life of Mr. Vélez Restrepo and Mrs. Román
Amariles.
225
Cf. Advisory Opinion OC-17/02, para. 71, and Case of Fornerón and daughter v. Argentina. Merits,
reparations and costs, para. 46.
67