beyond the factual framework. In addition, the Court finds that the evidence in this case
does not prove that there were exceptional circumstances such having survived an attack in
which the deprivation of life was attempted or a situation that posed a serious risk to life,
taking into account the force used, the intention and purpose for using it, as well as the
victims’ situation.190 Consequently, the Court concludes that there was no violation of Article
4(1) of the American Convention, in relation to Article 1(1) thereof. The attempted
deprivation of liberty of Mr. Vélez has already been analyzed by the Court as part of the
violations to the personal integrity of Mr. Vélez and his family.
C.2) Obligation to guarantee the right to personal integrity of Mr. Vélez
Restrepo, his wife and children, by the investigation and the adoption of
measures of protection
Observations of the Commission and arguments of the parties
183. The Commission concluded that the State had failed to comply with its obligation to
guarantee the personal integrity of the Roman Vélez family by the prevention and
investigation of the threats, harassment and attempted kidnapping. It argued that the State
had violated the mental and moral integrity of Mr. Vélez and his family because it failed to
adopt, in a “diligent and timely manner, the necessary measures to protect Mr. Vélez and
his family owing to the threats and harassment reported to the authorities [repeatedly] as
of September 11, 1996.” In addition, it affirmed that, “in addition, the State did not conduct
an investigation to clarify and deactivate the source of the harassment against the Roman
Vélez family.” The Commission emphasized that “the investigations are the most important
measure of protection for journalists who are threatened for carrying out their work” and
that “the State itself acknowledges that there was no effective investigation.”
184.
The representative stated that “he agree[d] fully with the Inter-American
Commission” regarding the alleged violations of Articles 5 and 13 of the Convention.
185.
Colombia maintained that “once the alleged threats and intimidation were brought
to the attention of the competent authorities on October 6, 1997, the State, through the
Protection Program of the Ministry of the Interior, immediately provided various means of
protection [… and,] three days later, […] Mr. Vélez […] decided to leave the country of his
own volition.” In addition, it argued that “[p]rior to the supposed attempted kidnapping on
October 6, 1997, Mr. Vélez had never requested protection or a safety assessment from the
State.”
Considerations of the Court
186. The Court has established that the obligation of guarantee covers the legal obligation
to “take reasonable steps to prevent human rights violations, to use the means at its
disposal to carry out a serious investigation of violations committed within its jurisdiction in
order to identify those responsible, to impose the appropriate punishments, and to ensure
adequate reparation for the victim.” The decisive factor is to determine whether “a specific
violation […] has occurred with the support or tolerance of the public authorities, or whether
the latter have acted in such a way that the violation has been committed without any
190
Cf. Case of the La Rochela Massacre v. Colombia. Merits, reparations and costs, paras. 127 and 128.
Similarly, cf. ECHR. Makaratzis v. Greece [Grand Chamber], No. 50385/99, December 20, 2004, paras. 51 and 55,
and Ismail Altun v. Turkey, No. 22932/02, September 21, 2004, para. 64.
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