human rights violations described in the Merits Report to the jurisdiction of the Inter-American Court,
“owing to the need to obtain justice and reparation.” 3
4.
Requests of the Inter-American Commission. Based on the foregoing, the Commission asked
the Court to declare the international responsibility of the State for the violations set forth in its
Report on the Merits (supra footnote 2). In addition, the Commission asked the Court to order the
State to adopt certain measures of reparation, which are described and analyzed in Chapter IX of
this judgment. This Court notes with concern that more than eight years have elapsed between the
presentation of the initial petition before the Commission and the submission of this case to the
Court.
II
PROCEEDINGS BEFORE THE COURT
5.
Notification to the State and the representatives. The representatives of the alleged victim 4
(hereinafter “the representatives”) and the State were notified by the Court of the submission of the
case by the Commission on September 27, 2019.
6.
Brief with pleadings, motions and evidence. On December 3, 2019, the representatives
submitted their brief of requests, arguments and evidence (hereinafter “brief of requests and
arguments”) to the Court. The representatives agreed substantially with the Commission’s arguments
and asked the Court to declare the international responsibility of the State for the violation of the
same articles alleged by the Commission—with the exception of Article 4 of the American
Convention—and, in addition, asked the Court to declare a violation of Articles 15, 16, and 23(1) of
the American Convention to the detriment of Ms. Bedoya. Furthermore, on behalf of the alleged
victims, the representatives requested access to the Victims’ Legal Assistance Fund of the InterAmerican Court (hereinafter “the Court’s Assistance Fund” or the “Fund”).
7.
Answering brief. On March 16, 2020, the State submitted to the Court its brief answering the
submission of the case in the Inter-American Commission’s Merits Report, and the representatives’
brief with pleadings, motions and evidence (hereinafter “answering brief”). In this brief, the State
disputed the violations alleged by the Commission and rejected its proposed measures of reparation.
8.
Public hearing. In an Order of February 12, 2021, 5 the President summoned the State, the
representatives, and the Inter-American Commission to a public hearing to receive their final oral
arguments and observations on the merits and eventual reparations and costs, and receive the
statements of alleged victim Ms. Bedoya Lima, one witness, and two expert witnesses offered by the
representatives, as well as an expert witness proposed by the State. The public hearing was held on
March 15, 22, and 23, 2020, during the 140th regular sessions of the Court, via video conference. 6
3
As its delegates before the Court, the Commission chose Commissioner Francisco Eguiguren Praeli, the Executive
Secretary at the time, Paulo Abrão, and the Special Rapporteur for Freedom of Expression at the time, Edison Lanza. It also
designated Silvia Serrano Guzmán (then a lawyer for the Executive Secretariat) and Cecilia La Hoz Barrera (a lawyer for the
Executive Secretariat) as legal advisors.
The Fundación para la Libertad de Prensa (FLIP) and the Center for Justice and International Law (CEJIL) represented
the alleged victims in the case before the Court.
4
Cf. Case of Bedoya Lima et al. v. Colombia. Call to hearing. Order of the President of the Inter-American Court of
Human
Rights
of
February
12,
2021.
Available
at:
http://www.corteidh.or.cr/docs/asuntos/bedoya_lima_y_otra_12_02_21.pdf.
5
6
This hearing was attended by: a) on behalf of the Inter-American Commission: Antonia Urrejola Noguera, Marisol
Blanchard, Jorge Meza Flores and Cecilia La Hoz; b) on behalf of the representatives: Jonathan Bock, Raissa Carrillo Villamizar
and Ángela Caro Montenegro (FLIP), and Viviana Krsticevic, Gisela De León and Jessica Ramírez (CEJIL), and c) on behalf of
the State of Colombia: Camilo Gómez Alzate, María Angélica Velandia Rivero, María del Pilar Gutiérrez Perilla, Susana Arango
5