30
138.
In view of the above, it is necessary to repeat that the State did not act swiftly and
diligently to protect Mr. Vélez in the face of a known situation of risk, nor did it effectively investigate
the threats and acts of aggression that he suffered. It was in this situation of vulnerability that Mr.
Vélez suffered the attempted kidnapping that forced him to leave the country and with it, his
profession as a journalist. Mr. Vélez's forced exile meant that he could not continue searching for
and disseminating information about events in his country, as he had done as a cameraman covering
events of great public interest. Due to the reprisals against him as a journalist, he was forced to
abandon journalism. In this sense, the Commission considers that the absence of protection and
investigation in the face of the threats and acts of aggression suffered by Mr. Vélez, which caused a
definitive break with journalism due to his exile, constituted an additional breach of his freedom of
thought and expression in violation of Article 13 of the Convention in relation to Article 1.1.
C.
Right to Freedom of Movement and Residence (Article 22.1 in relation to Article 1.1
of the American Convention), Protection of the Family (Article 17.1 in relation to
Article 1.1 of the American Convention) and The Rights of the Child (Article 19 in
relation to Article 1.1 of the American Convention)
139.
Article 22.1 of the American Convention provides that "[e]very person lawfully in
the territory of a State Party has the right to move about in it, and to reside in it subject to the
provisions of the law." For its part, Article 17.1 of the Convention provides that "[t]he family is the
natural and fundamental group unit of society and is entitled to protection by society and the state",
and Article 19 provides that "[e]very minor child has the right to the measures of protection required
by his condition as a minor on the part of his family, society, and the state."
140.
Article 22 of the American Convention, enshrining the right to free movement and
residence, establishes the right to enter, remain, and leave the State territory without unlawful
interference. 117 The Inter-American Court has established that the right to free movement and
residence:
may be affected when a person is the victim of threats or harassment and the State does not
provide the guarantees necessary to allow him/her to move freely and reside in the territory in
question, even when those threats and harassments are carried out by non-State actors. 118
141. Thus, in the case of Valle Jaramillo, the Court found a violation of Article 22.1 of
the Convention to the prejudice of various persons who were forced into exile "without being able
or wishing to return home due to a well-founded fear of persecution". 119 Equally, in the case of
Manuel Cepeda Vargas, the Court declared that the temporary exile of the victim's immediate
family, caused by threats surrounding his search for justice, constituted a violation of Article 22 of
the Convention. 120
142. In this case, the Court also referred to the social, family and economic impact that
leaving for exile had on these individuals, when finding that their condition as refugees broke the
fabric that united their families, forcing them to lose contact with not only with their country, but
117
Cf. I/A Court H.R., Case of Valle Jaramillo et al. v Colombia. Merits, Reparations and Costs. Judgment of
November 27, 2008. Series C No. 192, para.138.
118
Cf. I/A Court H.R., Case of Valle Jaramillo et al. v Colombia. Merits, Reparations and Costs. Judgment of
November 27, 2008. Series C No. 192, para.139.
119
Cf. I/A Court H.R., Case of Valle Jaramillo et al. v Colombia. Merits, Reparations and Costs. Judgment of
November 27, 2008. Series C No. 192, paras.140, 141, and 144.
120
Cf. I/A Court H.R., Case of Manuel Cepeda Vargas v Colombia. Preliminary Objections, Merits and Reparations.
Judgment of May 26, 2010. Series C No. 213, para.202.