159. The Court observes that, in its answering brief, the State affirmed that there was no
evidence that Mr. Vélez and Mrs. Román had personally filed complaints regarding the
threats before the Prosecutor’s Office, the National Police, or the DAS. Nevertheless, at the
same time, it accepted that “[i]t is true that the petitioners denounced the facts relating to
the threats[s]” and indicated that, “regarding the presumed threats,” inter alia, a criminal
investigation was opened in the ordinary jurisdiction in 1996. For the Court, the relevant
point is that, in October 1996, an investigation was opened before the 243 rd Bogota
Sectional Prosecutor’s Office for the offense of threats. The Court infers that State
authorities were informed of the facts, either by organizations or other persons, or by Mr.
Vélez and his wife (supra paras. 86, 88, 90, 91, 92 and 95).
160. The Court notes that, both to contest that the threats had occurred, and also its
responsibility for them, in addition to affirming that the evidence was insufficient (supra
para. 154), Colombia maintained that “the disciplinary investigations opened against the
State agents for the supposed threats were closed for lack of merit.” In this regard, this
Court has found it pertinent to recall that, in order to establish that there has been a
violation of the rights recognized in the Convention, it is not necessary to prove the State’s
responsibility beyond all reasonable doubt or to identify, individually, the agents to which
the violations are attributed.172 In addition, the Court reiterates that it is the State’s
responsibility to investigate the facts diligently by judicial proceedings,173 which Colombia
acknowledged that it had not done (supra para. 14). Moreover, the Court underscores that,
in the criminal jurisdiction, the investigations concluded for reasons that differed greatly
from “lack of merit.” The criminal investigation opened in 1996 ended on the basis that the
“facts had already been denounced in the civil and criminal jurisdiction before the military
criminal justice system” (supra para. 118). Nevertheless, in response to a request for useful
evidence, the State informed the Court that “investigations were not conducted in the
military jurisdiction” for the threats.174 Furthermore, the criminal investigation initiated in
2007 concluded in 2010 on the basis that the offense had prescribed (supra para. 119).
C.1.b) Regarding the evidence to consider proved the attempted arbitrary
deprivation of liberty
161. Regarding the probative elements that this Court assessed to find that the attempted
arbitrary deprivation of liberty of which Mr. Vélez Restrepo was a victim on October 6, 1996,
had been proved (supra para. 94), the Court underlines that, in addition to having assessed
the statements made by Mr. Vélez Restrepo and his wife by affidavit in 2005 and before this
Court, other probative elements were provided in this regard. The Court emphasizes that
the day before that incident, Mr. Vélez Restrepo received a serious written threat consisting
in an obituary notice or condolence card regarding his own death, of which he provided a
copy (supra para. 93). In his statement before this Court, Mr. Vélez Restrepo referred to the
danger that a threat as serious as this signified in Colombia. Even expert witness Tulande
indicated, citing a “well-known [Colombian] journalist,” that, in Colombia, “threats are
carried out” (supra para. 84). In addition, the Court takes into account the reaction and
intervention of national and international authorities when Mr. Vélez Restrepo reported that
172
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits, para. 71, and Case of
González Medina and family members v. Dominican Republic. Preliminary objections, merits, reparations and
costs, para. 133.
173
Cf. Case of Zambrano Vélez et al. v. Ecuador. Merits, reparations and costs. Judgment of July 4, 2007.
Series C No. 166, para. 128, and Case of Contreras et al. v. El Salvador. Merits, reparations and costs, para. 135.
174
Cf. note DIDH/GOI No. 48794/1892 of July 18, 2012, of the Colombian Ministry of Foreign Affairs (file of
useful evidence presented by the State, tome I, folio 2).
49