he had been bound over for investigation, as well as the indictment of Alejandro Cárdenas for the offense of
sexual violence. 129
61.
According to information provided by the State to the IACHR, three individuals have been
convicted for the events of May 25, 2000. Armando Lugo, who entered into a plea agreement on February 27,
2015; Mario Jaimes Mejía, convicted on March 18, 2016, and Alejandro Cárdenas Orozco, convicted on February
24, 2016. 130
D.
Investigation of the 6th Special Prosecutor for omissions in the criminal proceedings
62.
On February 29, 2011, Criminal Judicial Advocate 19 issued an official letter addressed to The
49th Special Prosecutor of the NHRU, ordering that certified copies of the case file be sent to the criminal and
disciplinary authorities for proceedings against the 6th Special Prosecutor, Gustavo Adolfo Reyes Leyva. This
was for the purpose of investigating him “for the omissions recorded in the criminal proceedings brought in
connection with the heinous acts perpetrated against Mrs. GINETH BEDOYA LIMA.” In this document, the
Judicial Advocate said that she had corroborated “the investigative and evidentiary failures and shortcomings
of the criminal case,” pointing out that for eleven years no positive results were obtained, even though “the
evidentiary material needed to establish the criminal acts and identify their perpetrators was present in the
case.” 131
63.
The Judicial Advocate even stated that, “the incoherent, disjointed, and slow actions [...] have
undoubtedly compromised the honorable task of administering justice entrusted to the Office of the Prosecutor
General,” pointing out among them, “the fact that analyses and inquiries were not made into the telephone
records of the calls made to and from the cell phones that were used in the kidnapping,” which no longer exist
because they have expired, and because the cell phone companies that were operating at the time of the events
have been replaced. She also stressed that “the fact that the State’s burden of proof has been shifted to the
victim of the aggravated offenses under investigation, to the detriment of her own dignity and in a manner that
is excessively re-victimizing, is a serious and regrettable evidentiary defect.” She noted the numerous
interrogatories to which the victim has been subjected, which have been incorporated into the case file “in a
disjointed and wholly and utterly mismanaged fashion.” Finally, the Judicial Advocate pointed out that on
November 26, 2011, it was learned that “the forensic medical report first issued after the events occurred was
lost from the case file,” and that “the investigators initially assigned to the case and who obtained first-hand
information were forced out by shadowy forces, without being heard from in the proceedings.” 132
64.
On August 2, 2011, the investigation was reassigned to the Unit’s Prosecution Office. Through
a resolution from the NHRU-IHL Sixth Prosecutor’s Office, the pretrial investigation was opened on August 5,
2011. On March 25, 2015, Jineth Bedoya received notice of the decision issued by Chamber 41 of the Superior
Court of the Judicial District, according to which: […] the above-captioned investigation against Mr. GUSTAVO
ADOLFO REYES LEYVA (Special Prosecutor 6 of the Human Rights and IHL Unit), for the alleged offense of
MALFEASANCE BY OMISSION, in which you are named as the victim, was CLOSED by this Prosecutor’s Office,
on the grounds that THE CONDUCT DOES NOT MEET THE DEFINITION OF A CRIME, as established in Article
79 of Law 906 of 2004. 133
E.
Threats and attacks against Jineth Bedoya Lima after May 25, 2000
65.
After the kidnapping, assaults, and acts of sexual violence perpetrated against Jineth Bedoya
Lima, she continued to receive threats and to this day faces a heightened risk due to the practice of her
Information provided by the State of Colombia via communication received on April 5, 2016, which was not challenged by the petitioner.
Information provided by the State of Colombia via communication received on April 5, 2016, which was not challenged by the petitioner.
131 Annex 102. Office of the National Inspector General. Official Communication No. 011PJ19. Authenticated Copy Request, Case 807 HR
and IHL. February 29, 2011. Annex 23 to the communication of the petitioner received on May 29, 2015.
132 Annex 102. Office of the National Inspector General. Official Communication No. 011PJ19. Authenticated Copy Request, Case 807 HR
and IHL. February 29, 2011. Annex 23 to the communication of the petitioner received on May 29, 2015.
133 Annex 103. Office of the National Prosecutor General. Official Communication No. 01734 to Jineth Bedoya. Record 1200174. March 25,
2015. Annex 28 to the communication of the petitioner received on May 29, 2015.
129
130
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