B.
The State
12.
The State indicated that it deeply regrets the events of May 25, 2000, when journalist Jineth
Bedoya was the victim of acts constituting kidnapping, torture, and sexual violence, and expressed its
appreciation for the journalistic work of Jineth Bedoya. It also acknowledged that “There was a context of
violence against journalists at the time of the events involved in this case,” and asked the IACHR for legislative
and public policy measures aimed at “respecting and guaranteeing the practice of journalism and access to
justice for crimes of sexual violence against women within and outside the context of the armed conflict.”
13.
The State alleged that government authorities have taken various criminal and disciplinary
actions, as well as protection and reparation measures in order to safeguard the rights of the alleged victim in
the present case. As to the protective measures, the State acknowledged that it was aware of the journalist’s
risk prior to her abduction. It affirmed that in 1999 the State assessed the risk at a medium level; “however, it
is not certain whether the journalist accepted the provisional security detail offered by the DAS.” It also stated
that the Ministry of Defense was indeed aware of the threats received by Jineth Bedoya the day before her
kidnapping and that “it dealt with the situation described by journalists through the National Police, taking
security measures to prevent the risk from becoming a reality.” It added that she was assigned a security detail
in March 2014, consisting of police officers, an armored vehicle, a conventional vehicle, a communication
device, and a bulletproof vest.
14.
With regard to the criminal investigation into the threats, the State maintained that it opened
three criminal investigations, which were closed for good cause after the end of the inquiry stage. However, the
State reported that “a Legal Technical Committee of the Office of the Prosecutor General is considering the
possibility of ordering the reopening of these investigations, in order to continue gathering evidence to clarify
the facts reported by the journalist.”
15.
Regarding the investigations related to the events that occurred on May 25, 2000, the State
argued that the authorities have acted objectively and comprehensively following established constitutional
and legal procedures and that significant progress has been made as a result of that work. It stated that once it
learned of the journalist’s kidnapping, the authorities immediately took action to determine her whereabouts
and initiated the necessary procedures to identify those responsible. It maintained that despite the difficulties
encountered in the investigation of these facts, the authorities have assumed their duty with all seriousness,
impartiality, and speed, which has enabled the following advances: 1) the conviction of two of the perpetrators,
2) the declaration of the crimes against Jineth Bedoya Lima as crimes against humanity, in accordance with the
international instruments ratified by Colombia, 3) the identification of the motives for the crimes, which
concluded that the intent was to intimidate the journalist and restrict the exercise of her activity, and 4)
progress in establishing the facts. The State indicated that the Public Ministry has been actively involved in the
criminal case since its inception and that since January 2011, when Jineth Bedoya Lima became a civil party to
the investigation, the alleged victim has been fully involved in the case. In addition, the State maintained that
the investigation followed the standards established for dealing with victims of sexual violence, and that at no
time did the authorities engage in “actions that could have re-victimized and/or discriminated against the
journalist,” nor did they make stereotypical assessments in the investigation. The State contended that at the
beginning of the investigation there was not enough evidence to pursue a line of investigation related to the
involvement of State agents in the facts of the instant case, but that new elements have recently been added to
the case in that regard and the relevant evidence has been requested in order to resolve that theory.
16.
With regard to comprehensive reparation measures, the State indicated that the Unit for
Comprehensive Victim Support and Reparation granted the alleged victim a sum equivalent to 40 monthly
minimum salaries as a compensation measure. It also issued a decree declaring May 25 the “National Day for
the Dignity of Women Victims of Sexual Violence in the Armed Conflict” and gave Jineth Bedoya Lima a “letter to
restore dignity” [“carta de dignificación”] in light of the events of May 25, 2000.
17.
Based on the foregoing, the State maintained that it did not violate the rights to a fair trial and
judicial protection enshrined in Articles 8 and 25 of the American Convention, nor did it violate Article 7.b of
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