Armed Forces, as well as groups involved in ordinary crime.92 According to the statistics of
the Prosecutor General’s Office, between 1995 and 1998 a total of 32 “investigations [had
been opened] where the victims were journalists”: 25 for homicide, 3 for kidnapping for
ransom, 1 for threats, 1 for robbery, and 1 for attempted kidnapping.93 Expert witness
Tulande, proposed by the State, indicated that, in addition to the official statistics, it should
be noted that “many journalists who were threatened did not file complaints for two
reasons: the strongest or most influential was the danger signified by a threat of this
nature, because they threatened the family, [… and] also because, owing to the number of
judicial actions and acts of violence that occurred, there was a risk of impunity.”94 This
expert witness also affirmed that the threats against journalists were particularly serious
taking into account that many of them were murdered, kidnapped or had to leave the
country95 and, in this regard, citing a well-known Colombian journalist, he stated that in
Colombia “threats are carried out.”96
85.
In mid-September 1996, Mr. Vélez Restrepo began receiving threatening telephone
calls at his office and at his home, in which he was called a “hypocrite” and received death
threats. The threats and harassment extended to his son.97 Among the threats, Mr. Vélez
Restrepo also received a note.98
92
Expert opinion provided to the Inter-American Court by José Francisco Tulande during the public hearing
held on February 24, 2012; Jorge Orlando Melo, “La libertad de Prensa in Colombia: Pasado and perspectivas
actuales,” published in Fernando Cepeda Ulloa, ed., Fortalezas de Colombia, May 2004 (article presented by expert
witness José Francisco Tulande on March 12, 2012, merits file, tome III, folio 1633); Reports of the Office in
Colombia of the United Nations High Commissioner for Human Rights of March 9, 1998, E/CN.4/1998/16, and of
March 9, 2000, E/CN.4/1998/16 11 (file of annexes to the pleadings and motions brief, tome I, annex 6, folios 217
and 223, paras. 87, 119 and 121, and tome II, annex 14, folio 621); Report of the Special Rapporteur on the
Promotion and Protection of the Right to Freedom of Opinion and Expression. Doc. E/CN.4/2000/63, 18 January
2000 (file of annexes to the pleadings and motions brief, tome I, annex 9, folios 326 and 327); Inter-American
Commission on Human Rights, Third report on the Human Rights Situation in Colombia OEA/Ser.L/V/II.102 Doc. 9
rev. 1 of February 26, 1999 (file of annexes to Merits Report 136/10, tome II, annex 24, folios 67 and 68, chapter
VIII section C., paras. 8 to 26); document entitled: “Avances en casos relevantes por delitos cometidos contra
periodistas” [Progress in relevant cases based on crimes committed against journalists] and newspaper article
available at: http://www.eltiempo.com/, general information section, on February 9, 2011, entitled “Alfredo Abad,
crimen sin castigo” [Alfredo Abad, crime without punishment] (documents presented by expert witness José
Francisco Tulande on March 12, 2012, merits file, tome III, folios 1641 to 1643 and 1652 to 1654).
93
Cf. response of the State to the Court’s request for useful evidence and information at the public hearing
(final written arguments of the State, merits file, tome III, folio 1829).
94
The expert witness also stated that, at the time of the evens of this case, “law and order” journalists in
Colombia were considered to be “courting danger.” Cf. expert opinion provided by José Francisco Tulande during
the public hearing before the Inter-American Court on February 24, 2012.
95
Expert opinion provided by José Francisco Tulande during the public hearing before the Inter-American
Court on February 24, 2012. Also, cf. reports of the Office in Colombia of the United Nations High Commissioner for
Human Rights of March 9, 1998 E/CN.4/1998/16 and of March 9, 2000, E/CN.4/2000/11 (file of annexes to the
pleadings and motions brief, tome I, annex 6, folios 217 and 223, paras. 87, 119 and 121, and tome II, annex 14,
folio 621, para. 55), and Inter-American Commission on Human Rights, Third Report on the Situation of Human
Rights in Colombia. OEA/Ser.L/V/II.102 Doc. 9 rev. 1 of February 26, 1999, supra note 93, folios 67 and 68,
Chapter VIII, section C., paras. 8 to 26).
96
Cf. expert opinion provided by José Francisco Tulande during the public hearing before the Inter-American
Court on February 24, 2012, and e-mail sent by Juan Gossaín Abdala to José Francisco Tulande on January 4, 2012
(presented by expert witness José Francisco Tulande on March 12, 2012, merits file, tome III, folio 1640).
97
Cf. statement made by Luis Gonzalo Vélez Restrepo before the Inter-American Court during the public
hearing held on February 24, 2012; statement made by Aracelly Román Amariles before the Inter-American Court
during the public hearing held on February 24, 2012; statement made by Luis Gonzalo Vélez Restrepo before the
243rd Bogota Sectional Prosecutor’s Office on August 27, 1997 (file of annexes to Merits Report 136/10, tome I,
annex 11, folios 64 to 65); statement made by Eduin Yesid Cristancho Merchan before the Human Rights United of
the National Special Investigations Directorate of the Attorney General’s Office on October 17, 1997 (file of
annexes to Merits Report 136/10, tome I, annex 17, folio 91); statement made by Luis Gonzalo Vélez Restrepo on
July 25, 2005, before a notary public of the District of Colombia, United States of America (file of annexes to Merits
Report 136/10, tome I, annex 15, folio 80, and file of annexes to the pleadings and motions brief, tome II, annex
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