29
The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the
material destruction of communications media violate the fundamental rights of individuals
and strongly restrict freedom of expression. It is the duty of the state to prevent and
investigate such occurrences, to punish their perpetrators and to ensure that victims receive
due compensation.
134.
The IACHR has also emphasized the importance of adopting special mechanisms to
protect journalists and to combat impunity for crimes committed against them, such as the special
protection programs, investigatory bodies and specialized judges. 112
135.
In the present case, the Commission has found the State responsible for a series of
threats and acts of harassment caused by the complaints Mr. Vélez lodged with respect to the
aggression he suffered at the hands of the Army on August 26, 1996. These acts were done with
the clear intention of silencing Mr. Vélez and making him cease his complaints, causing selfcensorship and intimidation not only to Mr. Vélez but to the body of journalists covering the activities
of the military forces.
136.
In this sense, the IACHR has indicated that violence aimed at a person as a result of
the exercise of his right to the freedom of expression, as well as the absence of a criminal
investigation and punishment of the perpetrators, not only has a 'chilling effect' on the crime victim,
but also a profound impact on those who intend to exercise their right to freedom of expression in the
same way.
In addition, the Commission has emphasized that "the absence of a complete
investigation, leading to the criminal punishment of all those responsible for the murder of a journalist
is equally a violation of the right to the freedom of expression, for the intimidating effect that it has
on the impunity of citizens." 113 It has also observed that:
these type of crimes have an intimidating effect on other journalists, but also on other
ordinary citizens, as it instills the fear of denouncing any and all kinds of offenses, abuses or
illegal acts. [...][S]uch an effect can only be avoided by swift action on the part of the State
to punish all perpetrators, as is its duty under international and domestic law. In this sense,
the State [...] must sent a strong message to society that there will be no tolerance for those
who engage in such a grave violation of the right to freedom of expression. 114
137.
In the same sense, the Inter-American Court has maintained that violations of human
rights motivated by the exercise of a certain activity intimidates other individuals who equally try to
exercise it. 115 In the case of violence and intimidation against journalists, it produces a 'chilling
effect' on the free flow of information affecting not only other journalists but all ordinary citizens. 116
112
Cf. IACHR, Annual Report 2008, OEA/Ser.L/V/II.134 Doc. 5 rev. 1, January 25, 2009, Volume III, Report of the
Special Rapporteur for Freedom of Expression, Chapter IV, para.50. See also IACHR, Special Rapporteur for Freedom of
Expression, Press Release R41-10. In this context the IACHR has recognized the importance of the Journalists' Protection
Program established in Colombia via Decree 1592 in 2000 and those that modify or supplement it, especially Decree 2816 of
2006. Cf. IACHR, Annual Report 2008, OEA/Ser.L/V/II.134 Doc. 5 rev. 1, February 25, 2009, Volume III, Report of the
Special Rapporteur for Freedom of Expression, Chapter IV, para.50.
113
IACHR. Report No. 130/99. Case No. 11.740. Víctor Manuel Oropeza (Mexico). November 19, 1999, para.47.
114
IACHR. Report No. 50/99. Case 11.739. Héctor Félix Miranda (Mexico). April 13, 1999, para.52; IACHR. Report
No. 130/99. Case No. 11.740. Víctor Manuel Oropeza (Mexico). November 19, 1999, para.58.
115
For example, in relation to the right to association and freedom to exercise union rights, in the case Huilca
Tecse, the Court considered that the execution of a union leader due to his militancy and his public criticism of the
administration, on the one hand, violated the freedom of association of the victim himself, and on the other hand, restricted
the freedom of certain persons to associate freely, without fear. See I/A Court H.R., Case of Huilca Tecse. Judgment of
March 3, 2005. Series C No. 121, para.66.
116
See IACHR, Inter-American Judicial Framework on the Right to the Freedom of Expression OEA/Ser.L/V/II
IACHR/RELE/INF. 2/09, December 30, 2009, para.179.