249. Moreover, the Court must call attention to the fact that no one was punished for
having beaten Mr. Vélez Restrepo on August 29, 1996, in either the criminal or the
disciplinary investigations. The Court notes that one of the disciplinary decisions established
that one of the soldiers was sanctioned for having given the order that Mr. Vélez Restrepo’s
“video camera be seized,” and that “in compliance with that order, it appears that abuses
were committed against Mr. […] Vélez.” The Court recalls that the attack on Mr. Vélez
Restrepo was even recorded in images and sound. Even though the faces of the soldiers
who hit him were not revealed, it is reasonable to state that, in a case that was not very
complicated to investigate, many other elements existed that would have permitted the
identification of the soldiers responsible for hitting him. The Court stresses that the lack of
diligence in the investigation also includes these aspects.
250. The Court also finds it relevant to refer to the terms in which the State made its
partial acknowledgement of responsibility concerning the absence of a serious criminal
investigation of the attack on Mr. Vélez Restrepo of August 29, 1996. Colombia
acknowledged its responsibility only because it had been unable to prove its diligence in the
said investigation as a result of the loss of the criminal case file (supra para. 14). In this
regard, the Court has already established that the said criminal investigation did not respect
the guarantee of due process of the principle of the natural judge (supra para. 245). In
addition, the Court notes that, the considering paragraphs of the final decision of the
military criminal investigation, a document that was provided to these proceedings, do not
even mentioned the specific attack suffered by the journalist Vélez Restrepo and decided
that “it [was] not possible to open criminal proceedings and direct the investigation towards
any specific soldier on active duty.”240 This Court finds that this reveals a lack of due
diligence in the investigation.
251. Finally, regarding the investigation of the attempted deprivation of liberty of Mr.
Vélez Restrepo, the State acknowledged that, in the investigation into the crime of
attempted kidnapping “the reasonable time” was violated (supra para. 14). The Court has
noted that, in the Merits Report, the Commission argued that the investigation into the
attempted kidnapping “has not been carried out diligently and within a reasonable time.”
Since the State did not expressly accept the alleged lack of diligence in the investigation,
the Court must recall that the conduct of the judicial authorities constitutes one of the
elements that form part of the analysis to determine a violation of reasonable time.241
Therefore, the Court understands that, implicitly, the State acknowledged that it had not
complied with this standard of due diligence.
252. Based on the above considerations and on the State’s partial acknowledgment of
responsibility, the Court concludes that the domestic investigations did not constitute
effective remedies to guarantee access to justice and the determination of the truth, the
investigation and punishment of those responsible, and the integral reparation of the
consequences of the violations. None of the human rights violations declared in this
Judgment was investigated seriously and diligently by the State authorities. Consequently,
the State is responsible for the violation of Articles 8(1) and 25 of the Convention, in
relation to Article 1(1) thereof, to the detriment of Luis Gonzalo Vélez Restrepo, Aracelly
Román Amariles, and their children Mateo and Juliana Vélez Román.
240
The first part of the decision mentions Mr. Vélez Restrepo merely to indicate that he was one of the
injured attended at the María Auxiliadora Hospital in Florencia and that he was the only one of the injured who
went to the Institute of Legal Medicine and Forensic Sciences for an evaluation.
241
Cf. Case of Genie Lacayo v. Nicaragua. Merits, reparations and costs, para. 77, and Case of Díaz Peña v.
Venezuela. Preliminary objection, merits, reparations and costs, para. 49.
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