freely in the territory in question. 197 Furthermore, the Inter-American Court has held that the lack of an
effective investigation into violent acts may lead to or prolong forced exile or displacement. 198
100.
In this case, the IACHR considers that the journalist’s temporary exile is one of the foreseeable
consequences of the threats against her and the lack of protection attributable to the State. The IACHR therefore
considers that, in the present case, there were de facto restrictions on journalist Jineth Bedoya's right to
freedom of movement and residence.
101.
In conclusion, the IACHR finds the Colombian State responsible for the violation of Articles
4.1, 5.1, 5.2, 7, 11, 13, and 24 of the American Convention, in relation to Article 1.1 thereof, Article 7b of the
Convention of Belém do Pará, and Articles 1 and 6 of the IACPPT, to the detriment of Jineth Bedoya Lima.
The duty to protect through an effective investigation of the threats and risks facing Jineth Bedoya
102.
In its decisions in the cases of Vélez Restrepo and Family v. Colombia and Carvajal Carvajal et
al. v. Colombia, the Inter-American Court found that the failure to comply with the obligation to investigate acts
of violence against a journalist amounts to a breach of the obligations to respect and guarantee the right to
freedom of thought and expression as well as the rights to life and/or humane treatment, depending on the
consequences of the act of violence. 199 In this regard, the Inter-American Court has emphasized that in order
to determine whether the obligation to protect the rights to life, to humane treatment, and personal liberty by
means of a serious investigation of the events has been fully met, it is necessary to examine the domestic
proceedings initiated to establish the facts of those events.
103.
As has been established, Jineth Bedoya was the victim of continuous threats before her
abduction on May 25, 2000, and State authorities were aware of these threats. However, the IACHR has no
information on the opening of criminal investigations aimed at identifying the source of the threats or that may
have linked them to each other. In fact, the Commission notes that there is no evidence in the case file that any
investigation was carried out to establish the origin of the threats reported prior to the events of May 25, 2000
and to punish those responsible, and that this contributed to the failure to protect the victim. Moreover, as
discussed in the following section, the IACHR is of the opinion that the measures taken to advance the
investigation into the kidnapping, torture, and sexual violence against Jineth Bedoya were inadequate and
insufficient to satisfy its obligation to conduct a thorough and diligent investigation, given the seriousness of
the crime under investigation and the enhanced obligations in this area.
104.
The Commission finds that the lack of effective investigations into these events constitutes a
breach of the duty to guarantee the rights of Jineth Bedoya protected in Articles 4.1, 5.1, 5.2, 7, 11, and 13 of the
American Convention, in relation to Article 1(1) thereof, Article 7(b) of the Convention of Belém do Pará, and
Articles 1 and 6 of the IACPPT.
B.
Analysis of the rights to a fair trial, judicial protection, and the duty to investigate
I/A Court H.R. Case of Vélez Restrepo and Family v. Colombia. Merits, Reparations and Costs. Judgment of September 3, 2012. Series C,
No. 248. para. 220; I/A Court H.R. Case of Valle Jaramillo et al. v. Colombia. Merits, Reparations and Costs. Judgment of November 27, 2008.
Series C, No. 192. Para. 140-144; I/A Court H.R. Case of Manuel Cepeda Vargas v. Colombia. Preliminary Objections, Merits, Reparations and
Costs. Judgment of May 26, 2010. Series C, No. 213.
198 I/A Court H.R. Case of Vélez Restrepo and Family v. Colombia. Merits, Reparations and Costs. Judgment of September 3, 2012. Series C,
No. 248. para. 220; and I/A Court H.R. Case of Carvajal Carvajal et al. v. Colombia. Merits, Reparations and Costs. Judgment of March 13,
2018.
199 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. 215.
197
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