instant case, the necessary presumptions do not exist to apply any of the exceptions to
implementation of the statute of limitations argued by the Commission.
284. Based on the above, and taking into consideration its consistent case law, the Court
finds that it is not possible to determine that the statute of limitations cannot be applied in
the case of the acts of violence on August 29, 1996 (supra paras. 80 to 82), and the threats
and harassments of 1996 and 1997 (supra paras. 85 to 93). However, based on the
impunity that prevails in the instant case, the Court finds it necessary to order the State to
advise whether, under Colombian law, it is possible to adopt other measures or actions that
allow the responsibilities in this case for the said acts to be determined and, if so, to take
these measures or actions.
285. With regard to the investigation into the attempted deprivation of liberty of Mr. Vélez
Restrepo on October 6, 1997 (supra para. 94), the Court takes into account that, in its
answering brief, the State indicated its intention to “[advance] the investigation that is still
ongoing into the presumed attempted kidnapping.”262 The Court considers that the State
must investigate this incident diligently and within a reasonable time, in order to clarify it
and punish those responsible.
C) Other measures requested
C.1) Written apology and its dissemination in the media
286. The representative asked that the State be ordered to make a public
acknowledgment of responsibility and a public apology to Mr. Vélez Restrepo, his wife
Aracelly Román Amariles, and their children Mateo and Juliana Vélez Román, by measures
such as a “formal written statement issued by high-ranking State authorities” and its
publication in several newspapers in Colombia and the United States, as well as the
“preparation and recording of a video clip for television” to be broadcast “on institutional
and commercial channels in Colombia […] and on the Day of the Journalist.” In this regard,
the Court recalls that, in its judgments, when it orders a public act of acknowledgment of
responsibility it requires that there be a public ceremony in the presence of high-ranking
State officials and the victims in the case, in which reference is made to the human rights
violations that have been declared. The Court appreciates the fact that, in the instant case,
Colombia has made a partial acknowledgment of responsibility (supra paras. 13 and 14) and
that, at the public hearing, it apologized to the Vélez Román family (supra para. 17). This is
complemented by the fact that, in this Judgment, the Court has declared violations to
human rights additional to the ones acknowledged by the State. The recording of the said
public hearing is available on the Court’s web page. Consequently, the Court does not
consider it appropriate to order the measures requested by the representative and finds that
September 18, 2003. Series C No. 100, para. 116; Case of Myrna Mack Chang v. Guatemala. Merits, reparations
and costs. Judgment of November 25, 2003. Series C No. 101, para. 276; Case of Molina Theissen v. Guatemala.
Reparations and costs. Judgment of July 3, 2004. Series C No. 108, para. 84; Case of the Gómez Paquiyauri
Brothers v. Peru. Merits, reparations and costs. Judgment of July 8, 2004. Series C No. 110, para. 150; Case of Tibi
v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 7, 2004. Series C No.
114, para. 259; Case of the Plan de Sánchez Massacre v. Guatemala. Reparations and costs. Judgment of
November 19, 2004. Series C No. 116, para. 99; Case of Carpio Nicolle et al. v. Guatemala. Merits, reparations and
costs. Judgment of November 22, 2004. Series C No. 117, para. 130; Case of the Serrano Cruz Sisters v. El
Salvador. Merits, reparations and costs. Judgment of March 1, 2005. Series Case of Gelman v. Uruguay. Merits and
reparations. Judgment of February 24, 2011 Series C No. 221, para. 225, and Case of Vera Vera et al. v. Ecuador.
Preliminary objection, merits, reparations and costs, para. 117.
262
On April 26, 2012, by a writ of prohibition, the prosecutor for the investigation abstained from opening
preliminary proceedings (file of useful evidence presented by the State, tome II, folios 518 to 520). However, in its
final arguments the State did not submit any consideration in this regard.
81