81.
Mr. Vélez Restrepo was filming the events in an area near the bridge over the
Bodoquero river when he “not[ed] that some of the soldiers began to beat the peasants with
the butts of their rifles, so he began to film the incident.” Mr. Vélez Restrepo was filming
when members of the Army beat a defenseless protestor, hitting him with their rifle butts
and kicking him.76 “Three soldiers realized that [Mr. Vélez Restrepo] was filming the incident
and rushed up to him.”77 In addition, a Commander of the Twelfth Battalion ordered that
Mr. Vélez Restrepo’s video camera be seized.78 Mr. Vélez Restrepo was physically attacked
by several members of the Twelfth Brigade of the National Army, who sought to stop him
continuing to record the actions of the soldiers and to confiscate the videotape with the
recorded material. Mr. Vélez Restrepo stated that the soldiers who were hitting stopped
when another soldiers intervened to interrupt the attack, and helped him reach the place
where a group of journalists were gathered.79 The attack perpetrated by soldiers destroyed
the camera but not the videotape; thus the incident remained recorded and was
disseminated extensively in the media as of that day.80 From the recording, it can be seen
that several men with military clothing and boots physically attacked Mr. Vélez Restrepo,
while repeatedly shouting phrases such as “Get that […] cassette.”81
82.
Because of the beating, Mr. Vélez Restrepo had to be taken to the María Auxiliadora
Hospital of Florencia. According to the medical report prepared at this hospital on August
29, 1996, Mr. Vélez Restrepo “had recently suffered a closed abdominal trauma and
inhalation of a great deal of gas”; he was admitted “because he had been beaten numerous
times on the abdomen with a blunt instrument,” and it was noted that he felt “sharp
localized pain.”82 The same day he was transferred by air to a clinic in Bogota. 83 Mr. Vélez
76
Video recording of the events of August 29, 1996, in El Caquetá (file of annexes to Merits Report 136/10,
tome I, annex 4, folio 14, seconds: 0.28,0.44; minutes: 3.27, 3.50 and 10.38); statement made by Luis Gonzalo
Vélez Restrepo on June 25, 2005, before a notary public of the District of Columbia, United States of America (file
of annexes to Merits Report 136/10, tome 1, annex 15, folios 79 to 82, and file of annexes to the pleadings and
motions brief, tome II, annex 16, folios 655 to 660), and decision No. 012 issued by the Colombian Military Forces,
Twelfth Brigade on August 30, 1996, supra note 74, folios 21 to 24.
77
Cf. statement made by Luis Gonzalo Vélez Restrepo on June 25, 2005, before a notary public of the
District of Columbia, United States of America (file of annexes to Merits Report 136/10, tome 1, annex 15, folios 78
to 82, and file of annexes to the pleadings and motions brief, tome II, annex 16, folio 655 to 660).
78
Cf. Decision No. 011 issued by the Colombian Military Forces, Twelfth Brigade, on August 30, 1996 (file of
annexes to Merits Report 136/10, tome I, annex 5, folios 16 to 19).
79
Cf. statement made by Luis Gonzalo Vélez Restrepo on June 25, 2005, before a notary public of the
District of Columbia, United States of America (file of annexes to Merits Report 136/10, tome 1, annex 15, folios 78
to 82, and file of annexes to the pleadings and motions brief, tome II, annex 16, folio 655 to 660). Also, in its
answering brief, the State accepted the fact mentioned in paragraph 84 of Merits Report when stating that “[t]he
attack against Mr. Vélez ended when another soldier intervened to interrupt the attack and helped the journalist
reach his colleagues” (merits report, tome 1, folio 333, para. 74).
80
Fact accepted by the State (answering brief, para. 73, merits file, tome I, folio 332). Also, cf. statement
made by Luis Gonzalo Vélez Restrepo on June 25, 2005, before a notary public of the District of Columbia, United
States of America (file of annexes to Merits Report 136/10, tome 1, annex 15, folios 78 to 82, and file of annexes
to the pleadings and motions brief, tome II, annex 16, folio 655 to 660), and newspaper articles published in “El
Mundo” on August 31, 1996 entitled “Polémica por golpes a la libertad de prensa” [Polemic for blows to freedom of
the press], and in “El Heraldo” on August 31, 1996, entitled “Investigan brutal ataque de soldados” [Brutal attack
by soldiers investigated] (file of annexes to Merits Report 136/10, annex 8, folios 54 and 57).
81
Fact accepted by the State (answering brief, para. 73, and merits file, tome I, folio 332), and video
recording of the events of August 29, 1996, in El Caquetá (file of annexes to Merits Report 136/10, tome I, annex
4, folio 14, minutes 0.56, 4.09)
82
Cf. records of medical reports and treatment of the María Inmaculada Hospital in Florencia of August 29,
1996 (file of annexes to Merits Report 136/10, annex 7, folios 25 to 33), and video recording of news disseminated
in the media in relation to the attack of August 29, 1996 (file of annexes to Merits Report 136/10, annex 4, folio
14, minutes 4.59-5.03 and 16.06).
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