204. Regarding Colombia’s allegation that Mr. Vélez Restrepo decided to leave Colombia
“of his own volition,” the Court underlines that, when Mr. Vélez Restrepo made this decision,
over the previous year he had faced a situation that included: the attack against him by
soldiers, two periods in which he had received threats and harassment against him and his
family, and a serious death threat followed by an attempted deprivation of liberty. This
makes it reasonable to assume that the measures of protection offered by the State were
not opportune, and also that the risk continued because the events had not been
investigated and punished. Added to this, the Court notes that, even though the attack
against Mr. Vélez Restrepo perpetrated by soldiers was in Caquetá, the threats occurred in
Bogota, which also explains Mr. Vélez Restrepo’s founded fear that he would not be
protected anywhere in the country.
205. Therefore, the Court concludes that the State failed to comply with its obligation to
guarantee the right to personal integrity of Mr. Vélez Restrepo, Aracelly Román Amariles
and their children Mateo and Juliana Vélez Román, by an investigation into the threats and
harassment and by the adoption of opportune measures of protection, which constitutes a
violation of Article 5(1) of the American Convention, in relation to Article 1(1) thereof.
C.3) Violation of the right to freedom of thought and expression of Mr. Vélez
Restrepo
Observations of the Commission and arguments of the parties
206. The Commission considered that the threats, harassment and attempted kidnapping
suffered by Mr. Vélez constituted an additional violation of Article 13 of the Convention since
“they were carried out with the clear intention of silencing [him] and making him withdraw
his complaints, producing self-censorship and fear,” for both Mr. Vélez and for “the
community of journalists who covered the activities of the military forces,” and this had an
intimidating effect on the free flow of information, which affects the general population. It
also indicated that when the attack, threats and forced exile of a person exercising
journalistic functions remains in impunity, the social dimension of the right to freedom of
expression is violated. The Commission considered that “the lack of protection and
investigation of the threats and harassment suffered by Mr. Vélez, which led to his definitive
separation from journalism owing to his exile, constituted an additional violation of his
freedom of thought and expression.”
207. The representative stated that he “agreed] fully with the Inter-American
Commission” as regards the alleged violations of Article 13 of the Convention. In addition,
he argued that “what occurred from August 29, 1996, until September 12, 1998,
constituted a campaign orchestrated by State agents […] with a single objective: to silence
Richard Vélez for having made public the content of the videotape that he recorded in
Caquetá and for having blamed members of the military forces [for] the attacks, threats,
and harassment against himself and his family.”
208. The State considered that “the participation of [its] agents [in the threats and
harassment] has not been proved”; hence it maintained that it was not necessary to
determine whether they had resulted in a violation to the right to freedom of expression. It
added that “the representatives were never able to prove that the reason for the supposed
intimidation was to limit and restrict [the] journalistic activities [of Mr. Vélez].” The State
reiterated that the international responsibility it had acknowledged is “a matter of justice”
for the “presumed threats, presumed harassment, and presumed attempted kidnapping.” It
affirmed that there are no elements in this case to find that an alleged violation of the
collective right of other journalists has been proved.” In addition, it argued that certain facts
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