(Right to Freedom of Expression and Thought) of the Convention to the detriment of Luis
Gonzalo Vélez Restrepo as a result of this attack. However, the Court notes that Colombia
contested the facts relating to the injuries that the Commission and the representative
alleged that Mr. Vélez Restrepo had suffered as a result of this attack on August 29, 1996.
Colombia also contested the alleged violation of the social dimension of the right to freedom
of thought and expression as a result of the said events of August 29, 1996.
23.
The Court also understands that, since the State has acknowledged its responsibility
for the violation of Articles 8(1) and 25 of the American Convention owing to the lack of a
“serious investigation that would allow the determination and criminal punishment of the
perpetrators” of the said attacks on August 29, 1996, and of the subsequent supposed
threats and harassment, the dispute has ceased with regard to the violation of these articles
based on the lack of due diligence in the said investigations. Nevertheless, the dispute
subsists with regard to the alleged violation of the right to a natural judge, given that the
State does not acknowledge its alleged violation because the investigation into the events of
August 29, 1996, was conducted by the military criminal justice system. Regarding the
investigation into the attempted arbitrary deprivation of liberty of October 6, 1997, the
State acknowledged the violation of “reasonable time” in the investigation into the offense
of attempted kidnapping, but did not expressly indicate that it acknowledged a violation
owing to the “lack of due diligence” in the investigation alleged by the Inter-American
Commission; therefore, the Court will rule in this regard (infra para. 251)
24.
Furthermore, the dispute subsists regarding the State’s alleged responsibility for the
violation of Articles 5 and 13 of the American Convention as a result of the alleged threats,
harassment, and attempted deprivation of liberty that took place after the events of August
29, 1996, since Colombia argues that there is insufficient evidence that such events took
place, and also that the participation of State agents in such events and the causal nexus
between the attack on August 29, 1996, and the presumed subsequent threats has not
been proved. The State also argues that it has complied with its obligation to offer
measures of protection to Mr. Vélez Restrepo and his family following the specific request
made by Mr. Vélez Restrepo to “the competent authorities” on October 6, 1997. In addition,
Colombia did not acknowledge the violations alleged by the Commission and the
representative of Articles 22(1) (Freedom of Movement and Residence), 17(1) (Rights of the
Family) and 19 (Rights of the Child) of the Convention to the detriment of Mr. Vélez
Restrepo, his wife Mrs. Román Amariles, and their children Mateo and Juliana Vélez Román.
The dispute also subsists with regard to the violation alleged by the representative of Article
4 (Right to Life) of the Convention to the detriment of Mr. Vélez Restrepo owing to the
alleged “forced disappearance attempt” in relation to the events that occurred on October 6,
1997, described by the Inter-American Commission as an “attempted kidnapping.” The
State also did not acknowledge the violation alleged by the representative of Article 11(1)
(Right to honor and dignity) of the Convention to the detriment of Mr. Vélez Restrepo “as a
result” of the “persistent” alleged violation of Article 13 of the Convention.
25.
In the preceding paragraphs, the Court has indicated the facts and legal claims that
the State has acknowledged with regard to the violation of Articles 5, 13, 8, and 25 of the
American Convention. The State also acknowledged as victims both Mr. Vélez Restrepo, and
also his wife, Aracelly Román Amariles, and their children Mateo and Juliana Vélez Román,
as previously indicated. Regarding the claims for reparations, the State expressed its
willingness to repair fully the harm caused by the violations that it had acknowledged, but
contested “the requested reparation of reopening the criminal investigations into personal
injuries and threats that had prescribed.” Colombia also referred to the reparations it
considers it has been complying with and with which it will continue to comply. As for the
other reparations requested, the State indicated that it defers to the decision of the Court.
11