of evidence. 208 The investigation must be serious, impartial, and effective, and must be aimed at determining
the truth and at pursuing, capturing, prosecuting, and eventually punishing the perpetrators. 209
108.
Both the Commission and the Court have referred to the chilling effect that crimes against
journalists have on other media professionals as well as on citizens seeking to expose abuses of power or
unlawful acts of any kind. 210 This chilling 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.” 211
109.
The Court has pointed out that impunity - understood as the absence of investigation, pursuit,
capture, prosecution, and conviction on the whole - fosters the chronic repetition of human rights violations
and the total defenselessness of victims and their families. 212 For its part, the IACHR has repeatedly urged the
States to “carry out serious, impartial, and effective investigations of the murders, attacks, threats, and acts of
intimidation committed against journalists and media workers.” 213
110.
In this regard, States have the duty to investigate, identify, prosecute, and punish all
perpetrators of these crimes, including direct perpetrators, masterminds, participants, collaborators, and
possible accessories to human rights violations. They must also investigate the organizations involved in the
execution of the crimes or the criminal organizations to which the perpetrators belong. 214
2.
Specific obligations regarding the duty to investigate acts of sexual violence
111.
Once they become aware of acts of gender-based sexual violence against women journalists,
States must investigate these acts, identify, prosecute, and punish the perpetrators, and provide comprehensive
reparation to the victims. This obligation arises from Articles 5, 13, 8, and 25 of the ACHR, within the framework
of the general obligation to guarantee rights established in Article 1.1 thereof. This obligation to investigate
complaints of sexual violence is provided for in Articles 1, 6, and 8 of the Inter-American Convention against
Torture, which require the State “to take effective measures to prevent and punish torture within their
I/A Court H.R. Case of Chitay Nech et al. v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of May 25, 2010.
Series C, No. 212, para. 192.
209 I/A Court H.R. Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 7,
2003. Series C, No. 99, para. 127.
210 I/A Court H.R. Case of Vélez Restrepo and Family v. Colombia. Preliminary Objection, Merits, Reparations and Costs. Judgment of
September 3, 2012. Series C, No. 248. Para. 148; IACHR. Report No. 136/10. Case 12.658. Luis Gonzalo “Richard” Vélez Restrepo and Family
(Colombia). October 23, 2010. Para. 136; 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. See also, IACHR. Annual Report
2010. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter II: Mexico: 2010 Special Report on Freedom of
Expression in Mexico. OEA/Ser.L/V/II. Doc. 5. March 4, 2011. Para. 716.
211 IACHR. Report No. 136/10. Case 12.658. Luis Gonzalo “Richard” Vélez Restrepo and Family (Colombia). October 23, 2010. Para. 136;
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. See also: IACHR. Annual Report 2010. Report of the Office of the Special
Rapporteur for Freedom of Expression. Chapter II: Mexico: 2010 Special Report on Freedom of Expression in Mexico. OEA/Ser.L/V/II. Doc.
5. March 4, 2011. Para. 716. See also: I/A Court H.R. Case of Vélez Restrepo and Family v. Colombia. Preliminary Objection, Merits,
Reparations and Costs. Judgment of September 3, 2012. Series C, No. 248. Para. 211.
212 I/A Court H.R. Case of Ivcher Bronstein v. Peru. Merits, Reparations and Costs. Judgment of February 6, 2001. Series C, No. 74. Para. 186;
I/A Court H.R. Case of the Constitutional Court v. Peru. Merits, Reparations and Costs. Judgment of January 31, 2001. Series C, No. 71. Para.
123; I/A Court H.R. Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C, No. 70. Para. 211.
213 IACHR. Annual Report 2012. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter V (Conclusions and
Recommendations). OEA/Ser.L/V/II.147. Doc. 1. March 5, 2013. Para. 4(c). See also: IACHR. Annual Report 2009. Report of the Office of
the Special Rapporteur for Freedom of Expression. Chapter VII (Conclusions and Recommendations). OEA/Ser.L/V/II. Doc. 51. December
30, 2009. Para. 4(a); IACHR. Annual Report 2010. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter VI
(Conclusions and Recommendations). OEA/Ser.L/V/II. Doc. 5. March 4, 2011. Para. 4(a); IACHR. Annual Report 2011. Report of the Office
of the Special Rapporteur for Freedom of Expression. Chapter V (Conclusions and Recommendations). OEA/Ser.L/V/II. Doc. 69. December
30, 2011. Para. 4(c).
214 IACHR. Annual Report 2013. Report of the Office of the Special Rapporteur for Freedom of Expression. Chapter III (Violence against
journalists and media workers: Inter-American standards and national practices on prevention, protection and prosecution of
perpetrators). OEA/Ser.L/V/II.149. Doc. 50. December 31, 2013. Para. 166; IACHR. Office of the Special Rapporteur for Freedom of
Expression. Special study on the status of investigations into the murder of journalists during the 1995-2005 period for reasons that may
be related to their work in journalism. OEA/Ser.L/V/II.131. Doc. 35. March 8, 2008. Para. 40.
208
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