2
San José, Costa Rica
Enclosures
The Commission submits the instant case to the jurisdiction of the Inter-American
Court due to the need to obtain justice for the victims and the State’s failure to comply with
the recommendations.
The IACHR formulates its observations on the status of the implementation of the
recommendations.
With regards to the recommendations to “undertake, within a reasonable time and in
the ordinary courts, a diligent investigation of all the acts of violence and harassment
against Luis Gonzalo “Richard” Vélez Restrepo and his family, in order to identify, try and
punish those responsible for the said acts” as well as to “undertake an investigation in order
to identify those eventually responsible for the deficiencies in the investigations and the
omissions in the protection of Mr. Vélez and his family, and to apply the corresponding
administrative, disciplinary or other type of sanctions,” the Colombian State said it was not
possible to comply as the statute of limitations for crimes and administrative offences in
question has expired, according to domestic law. The State also noted that the lack of
progress in criminal investigations of threats - which would have generated the delay
resulting in the expiration of the statute of limitation for the crime - can be attributed to the
lack of procedural activity of the victim. In this way, the State has not complied with these
recommendations.
With regards to the recommendation to “make holistic reparations to Luis Gonzalo
“Richard” Vélez Restrepo and his family,” the State indicated that the respective
administrative and legal procedures have been initiated to implement Act 288 of 1996
(Compensation of Damages to the Victims of Violations of Human Rights) in order to
compensate the families of the victims. The IACHR highlights that, as noted by the State,
the aforementioned law contemplates only monetary compensation and not the "full
reparation" for victims of violations of human rights. In that regard, the Commission notes
that subsequent to the merits report, no reparation has been made in favor of Mr. Vélez and
his family.
With regard to the recommendation to “adopt the necessary measures to protect or
ensure the Vélez Román family's security in case they decide to return to Colombia on a
temporary or permanent basis” the IACHR notes that the Colombian State had expressed its
"absolute commitment to provide the necessary security measures to Mr. Luis Gonzalo
Vélez and his family should they consider returning to Colombia, either temporarily or
permanently."
On the recommendation to “continue with the adoption and strengthening of special
programs to protect journalists in danger and to investigate crimes against them,” the State
expressed its "absolute commitment to the protection of journalists at risk and the
investigation of crimes against them”, and gave a description of the activities, results and
budget of the program of protection of the Ministry of the Interior and Justice. It was also
reported that the Human Rights Unit of the General Prosecutor of the Nation has a working
group of 19 specialized prosecutors responsible for investigating crimes against journalists,
and that the Prosecutor's Office had recently ordered that investigations of threats against
journalists which are currently handled by the local prosecutor's offices are transferred to
this sub-unit. The IACHR considers that the information provided by the State reveals
important steps in the implementation of this recommendation, an aspect that must continue
in the process of strengthening and consolidating.