277. The Court appreciates the measures taken by Colombia in this area, through
directives that seek to raise awareness within the Armed Forces about the work of
journalists and social communicators and the danger they face, especially during armed
conflicts, and also about the necessary respect they must exercise so that the latter can
exercise their profession without obstacles.258 The existence and validity of these measures
was not contested by the Commission and it did not provide information indicating any
possible shortcomings. Nevertheless, this Court finds it important that the State continue to
enhance its institutional capacities by training the members of the Armed Forces in order to
avoid the repetition of acts such as those that occurred in this case. To this end, the State
must incorporate into its human rights education programs for the Armed Forces, a specific
module on the protection of the right to freedom of thought and expression and on the work
of journalists and social communicators.
B.5) Obligation to investigate the facts that gave rise to the violations
and to identify, prosecute and, as appropriate, punish those
responsible
278. In its brief submitting the case, the Commission asked that the State be ordered “to
conduct, within a reasonable time and under the ordinary jurisdiction, a diligent
investigation of all the acts of violence and harassment against [Mr.] Vélez Restrepo and his
family, in order to identify, prosecute and punish those eventually found responsible for the
said acts,” and “to conduct an investigation in order to identify those eventually found
responsible for the lack of measures of protection and the omissions in the protection of Mr.
Vélez and his family, and to apply the corresponding administrative, disciplinary, or other
sanctions.” Subsequently, in its final observations, the Commission indicated that the State
only advised it that the criminal action was time-barred “at the stage of compliance with the
recommendations of the Merits Report”; consequently, in the said Report, “it did not […]
adopt a position regarding the applicability […] of the Court’s case law regarding the statute
of limitations.” In this regard, it indicated that “even when the crime cannot prescribe under
international law, there are certain rules that must be applied when determining the time
that has elapsed for the effects of the statute of limitations,” and it referred to exceptions to
invoking and applying the statute of limitations. Hence, it considered prudent that the Court
assess whether any of these exceptions are applicable to this case.
279. In the pleadings and arguments brief, the representative asked the Court to order
the State “to conduct, within a reasonable time and under the ordinary jurisdiction, a
diligent investigation into all the acts of violence and harassment perpetrated against Mr.
Vélez, in order to identify, prosecute and punish those responsible for the said acts,” and
“an investigation in order to identify those possibly responsible for the defects in the
investigation and the omissions in the protection of Mr. Vélez and his family, and to apply
the corresponding administrative, disciplinary, or any other sanctions.” Following his
pleadings and motions brief, the representative argued that happened to Mr. Vélez “is a
case of grave human rights violations.” In that regard, he considered that what had
happened to Mr. Vélez on August 29, 1996, must be understood as an act of “torture.”
Furthermore, he considered that the threats and harassment suffered by the Vélez Román
family “culminated in his forced exile in the United States” and “should not be seen as
violations that have no connection to the torture suffered by [Mr.] Vélez,” because they also
caused them “severe psychological harm.”
258
Cf. Leaflet “Respeto, atención, reconocimiento, protección, prevención, promoción, aplicación and difusión
de los derechos humanos y DIH de los grupos especiales.” Permanent Directive No. 19/2010 of the Office of Human
Rights and International Humanitarian Law of the National Army (annexes to the answering brief, annex 2, merits
file, tome I, folios 455 to 463).
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