Vélez Restrepo] of the television news program Noticiero 12:30, an action that violates the
provisions of freedom of the press” (supra para. 102).
143. This Court has also noted that, when making its partial acknowledgment of the facts
relating to the attack of August 29, 1996, the State argued that “the incident in which Mr.
Velez was injured was not a deliberate attack, but the result of a chaotic situation that led
to acts of violence involving the marchers that caused the State’s security forces to react,
where one of the consequences was the injury to Mr. Velez.” In addition, the Court has
verified that, similarly, when testifying before this Court by affidavit in 2012, the person
who was Commander of the Twelfth Brigade of the National Army in 1996, General Nestor
Ramirez Mejia, even stated that Mr. Vélez Restrepo received “a blow […] from a soldier as
the result […] of a situation involving the cameraman’s imprudence and a soldier’s lack of
self-control.”
144. In this regard, the Court emphasizes that, even though the attack on Mr. Velez took
place in a context in which agents of the security forces were trying to control a protest
demonstration with thousands of people, where confrontations arose with some of the
protestors (supra paras. 78 to 81), Mr. Vélez Restrepo was attacked under the following
conditions: he was defenseless and had not acted in any way to justify such an attack; he
could be identified as a member of the press by the video camera he was carrying and,
moreover, the attack was directed against him with the specific purpose of preventing him
from continuing to record what was taking place and to prevent the dissemination of the
recording. The Court finds that it is inacceptable to affirm that the attack on a journalist,
under these conditions, “was not a deliberate attack” and that it was a “consequence” of the
actions taken by the security forces to control the acts of violence that took place at the
time.
145. Furthermore, the Court emphasizes that the content of the information that Mr.
Vélez Restrepo was recording was of public interest. Mr. Vélez Restrepo captured images of
soldiers involved in actions to control the demonstration that was taking place on August
29, 1996 in Caquetá, attacking defenseless individuals (supra paras. 80 and 81). The
dissemination of that information enabled those who saw it to observe and verify whether,
during the demonstration, the members of the armed forces were performing their duties
correctly, with an appropriate use of force. This Court has stressed that “[d]emocratic
control by society, through public opinion, encourages transparency in the State’s actions
and promotes the accountability of public officials in relation to their public functions.” 165
146. Lastly, the Commission affirmed that “[a]ttacks such as those suffered by Mr. Vélez
result in fear to capture and disseminate certain information and opinions,” so that they
limit the freedom of expression “of all citizens, because they have an intimidating effect on
the free flow of information.”
147. In this regard, Colombia stated that it is not responsible for the violation of the social
dimension of the right to freedom of thought and expression, and emphasized that “[t]here
is no evidence in these international proceedings that society or other journalists were
intimidated by Richard’s situation.”
165
Cf. Case of Palamara Iribarne v. Chile. Merits, reparations and costs, para. 83, and Case of Herrera Ulloa
v. Costa Rica. Preliminary objections, merits, reparations and costs, para. 127. Similarly, Cf. ECHR. Surek and
Ozdemir v. Turkey, No. 23927/94, July 8, 1999, para. 60, and Feldek v. Slovakia, No. 29032/95), July 12, 2001,
para. 83.
45