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183. Thus, the dispute subsists as regards: (a) the alleged violation of personal
integrity owing to the threats that the next of kin allegedly received, presumably
because of their actions to obtain justice and truth; as well as the allegations of the
Commission and the representatives regarding the violation of Articles 5 and 22 of the
Convention, in relation to the presumed exile endured by Iván Cepeda, María Cepeda
and Claudia Girón and (b) the alleged violation of the right to personal integrity and to
honor of the next of kin, owing to the alleged statements made by State officials.
A.
THE
ALLEGED VIOLATION OF PERSONAL INTEGRITY OWING TO THREATS
ALLEGEDLY RECEIVED BY THE NEXT OF KIN, AS WELL AS THE ALLEGED VIOLATION OF
THIS RIGHT AND OF THE RIGHT TO FREEDOM OF MOVEMENT AND RESIDENCE IN
RELATION TO THE ALLEGED EXILE OF SOME OF THE NEXT OF KIN
184. The Commission stated that, following the extrajudicial execution of Senator
Cepeda Vargas, his next of kin received death threats from State agents. According to
the representatives, the threats and other acts of harassment against the next of kin of
Manuel Cepeda, especially Iván Cepeda and Claudia Girón, began the day after the
Senator’s death and grew in intensity as their efforts to obtain justice in this case
increased. For its part, the State affirmed that “it has not been proved and it cannot be
concluded logically, that the threats were a direct consequence of the efforts of the
next of kin to obtain justice [… rather than to] their efforts in defense of human
rights.”
185. In addition, the Commission argued that “Iván Cepeda had to abandon
Colombia from November 1994 until April 1995 [and was forced to] remain abroad
from 2000 to 2004,” that time together with his wife, “owing to the threats and acts of
intimidation designed to dissuade him from trying to obtain the elucidation of the
crime.” The representatives endorsed this argument and extended it to Claudia Girón,
underscoring that “the State did not provide the necessary guarantees for them to
continue residing freely and safely in Colombian territory.” For its part, the State
affirmed that “it has not been proved and it cannot be concluded logically, that the
exile suffered by the next of kin resulted from their efforts to obtain justice,” and also
that the State had complied with “the obligations arising from the right to freedom of
movement and residence.”
186. The Court finds that the next of kin of Senator Cepeda Vargas played a role in
the search for justice and truth.257 The opinion of the expert witness Beristain reveals
257
The next of kin’s participation in the search for justice and truth in this case occurred at both the judicial
and the political levels. In this regard, since 1995, Olga Navia Soto, María Cepeda Castro and Iván Cepeda Castro
have acted as the civil party in the criminal proceedings against the authors of Manuel Cepeda’s murder. In this
capacity, among other matters, they submitted arguments to the Third Criminal Court of the Santafé de Bogota
D.C. Special Circuit and Iván Cepeda addressed the President of the Republic to request that the two sergeants be
discharged from the Army because it had been declared that they bore disciplinary responsibility for the murder of
Manuel Cepeda. In addition, Iván Cepeda stated that members of the Foundation played “almost the role of judicial
investigators.” Subsequently, the evidence shows that Iván Cepeda travelled to the United States of America to
attend the September 17, 2009, procedure in which testimony was received from Diego Fernando Murillo Bejarano,
alias “Don Berna,” one of the paramilitaries extradited to that country. Cf. information on relevant procedures under
Investigation No. 329 of the 26th Special Prosecutor of the National Human Rights Unit (evidence file, tome XXI,
folio 8808); judgment delivered by the Third Criminal Court of the Santafé de Bogotá Specialized Circuit on
December 16, 1999, in Investigation No. 5393-3, supra note 75, folios 1725; letter of September 23, 1999, from
the office of the President of the Republic to the Fundación Manuel Cepeda Vargas and the Colectivo de Abogados
“José Alvear Restrepo” (evidence file, tome VIII, attachment 112 to the brief with pleadings, motions and evidence
of the representatives, folios 4009 to 4010); testimony given by Iván Cepeda Castro at the public hearing held
before the Inter-American Court on January 26, 2010; sworn statement made before notary public (affidavit) by
Claudia Victoria Girón Ortiz on January 4, 2010 (evidence file, tome XX, folio 8299), and office of the Prosecutor
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