REPORT No. 150/18
CASE 12.954
MERITS
JINETH BEDOYA LIMA AND OTHER
COLOMBIA 1
DECEMBER 7, 2018
I.
SUMMARY
1.
On June 3, 2011, the Inter-American Commission on Human Rights (hereinafter
“Commission,” “Inter-American Commission,” or “IACHR”) received a petition filed by the Fundación para la
Libertad de Prensa (hereinafter “the petitioner”), alleging the international responsibility of the Republic of
Colombia (hereinafter “the State” or “Colombia”) to the detriment of journalist Jineth Bedoya Lima and her
mother, Luz Nelly Lima.
2.
The Commission adopted the admissibility report No. 50/14 of July 21, 2014. 2 The parties
were given notice of the admissibility report on August 6, 2014, pursuant to Rule 36 of the Rules of Procedure
of the IACHR. Likewise, in accordance with Article 48(1)(f) of the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”), and Article 37(4) of its Rules of Procedure, the
IACHR made itself available to the parties in order to reach a friendly solution in the matter. The parties had
the time periods established in the rules to submit additional observations on the merits. On April 5, 2016, the
Commission held a public hearing on the merits of the case during which it heard the parties’ submissions. All
the information received was duly transmitted between the parties.
3.
The petitioner alleged that journalist Jineth Bedoya Lima was abducted, tortured and raped
on May 25, 2000, for reasons related to her profession. It asserted that the State failed to take adequate and
timely measures to protect the alleged victim, despite knowing that she was at risk because of her work. It
maintained that no effective and diligent investigation was conducted into these facts consistent with the
applicable international standards.
4.
For its part, the State asked the IACHR to declare that it is not responsible for the violation of
rights alleged in the present case by the petitioner. It maintained that State authorities have taken various
criminal and disciplinary actions, along with protection and reparation measures, in order to safeguard the
rights of the alleged victim in this case. In particular, it stated that the authorities have acted objectively and
comprehensively in accordance with established constitutional and legal procedures and that this work has
resulted in significant progress in the investigation of the facts alleged.
5.
Based on the findings of fact and law, the Inter-American Commission concluded that the State
is responsible for the violation of the rights enshrined in Articles 4.1, 5.1, 5.2, 7, 8.1, 11, 13, 22, 24 and 25.1 of
the American Convention in relation to the obligations established in Article 1.1 of the same instrument. The
Commission also concluded that the State is responsible for the violation of Articles 7b of the Inter-American
Convention on the Prevention and Eradication of Violence against Women (Convention of Belém do Pará) and
Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture (hereinafter “the IACPPT”).
The Commission made the respective recommendations.
In compliance with the terms of Article 17.2 of the Commission’s Rules of Procedure, Commissioner Luis Ernesto Vargas Silva, a
Colombian national, did not participate in discussing or deciding this case.
2 Inter-American Commission on Human Rights (IACHR), Report No. 50/14/10, Petition 779-01, Admissibility, Jineth Bedoya Lima.
Colombia, July 21, 2014. In this report, the IACHR declared that the Petition meets the applicable admissibility requirements concerning
the possible violation of: i) Articles 4, 5, 7, 8, 11, 13, 17, 22, 24 and 25 of the American Convention on Human Rights, in connection with
articles 1.1 and 2 thereof; ii) articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture; and iii) article 7 of the
Convention of Belém do Pará.
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