facts 276 made 10 years after they took place. The Court also notes that there is no record of any
steps taken to identify evidence on the clothing worn by Ms. Bedoya on the day of the facts, given
that—as alleged by the representatives and the Commission, and not disputed by the State—the
clothing had been lost. 277 This is of particular relevance in criminal investigations into sexual violence,
where it is essential for the investigative actions to be documented and coordinated and the evidence
handled and preserved diligently, taking sufficient samples and conducting tests to determine the
possible perpetrator of the act, while securing other evidence such as the victim’s clothes,
investigating promptly the scene of the facts, and ensuring the proper chain of custody. 278
130. These types of deficiencies were also verified along with others by the 19th Criminal Judicial
Procurator's Office, which in 2011, through an official letter addressed to the Specialized Prosecutor's
Office 49 of the UNDH, ordered referral of the actions of Specialized Prosecutor 6’s actions in the
case to criminal and disciplinary justice for investigation in connection with "omission of facts
recorded in the criminal proceeding carried out with regard to the heinous facts of which Ms. Bedoya
Lima was a victim", noting that "the incoherent, disjointed, and torpid actions [...] are without doubt
what has called into question the honorable work of administering justice.” 279
131. Likewise, the Court confirms that it was Ms. Bedoya herself who had to take steps on her own
to investigate the facts. 280 In fact, in 2010, the Office of the Public Prosecutor itself asked her if she
had obtained any more information establishing who were the perpetrators of the facts. 281 This is
corroborated by what was stated by the Criminal Judicial Procurator 19, which, in its official letter of
February 29, 2011 highlighted the “serious and regrettable evidentiary shortcoming” that the burden
of proof, which “rests with the State,” had been transferred to the victim "to the detriment of her
own dignity and in a way that was revictimizing." 282 This was, effectively, revictimizing for Ms.
Bedoya, who at the hearing stated the following:
We journalists provided a variety of evidence, we provided the CTI of the Colombian
Prosecutor's Office with recordings of people who gave testimony about who the
perpetrators were, how they had obtained the weapons, how they had kidnapped me, but
unfortunately all this evidence was lost, part of the file that was lost in the subsequent
months […]. Which seemed re-victimizing to me, because I wasn't the one who had to
investigate. How was I supposed to investigate my own pain, my own tragedy? 283
132. Lastly, the Court observes that, to date, it has not been possible to determine the masterminds
276
Cf. Office of the Attorney General of the Nation, Resolution of October 12, 2011 (evidence file, folio 794). This was
also recognized by the State itself. Cf. Answering brief of March 16, 2020 (merits file, folio 562).
277
Cf. Sworn statement of Jineth Bedoya Lima, November 26, 2011 (evidence file, folio 804); and Criminal Judicial
Procurator 19, Official Letter No. D11 PJ19, of February 29, 2011 (evidence file, folio 1220).
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 194, and Case of Women Victims of Sexual Torture in
Atenco v. Mexico. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 28, 2018. Series C No. 371,
para. 272.
278
279
1221).
Cf. Criminal Judicial Procurator 19, Official Letter No. D11 PJ19, of February 29, 2011 (evidence file, folios 1217 to
280
Cf. Expansion of statement of Jineth Bedoya Lima, of May 22, 2003 (evidence file, folio 328 following); Expansion of
statement of Jineth Bedoya Lima, August 28, 2007 (evidence file, folio 403); and statement from Jineth Bedoya Lima given
at the public hearing held on March 15, 22, and 23, 2021 within the framework of the 140th regular sessions.
281
Cf. Expansion of complaint of Jineth Bedoya Lima, August 11, 2010 (evidence file, folio 638).
Cf. Office of the Attorney General of the Nation, Deputy Attorney Assigned to the Superior Court of the Judicial District
of Bogotá D.C., Official Letter no. 01734, of March 25, 2015 (evidence file, folio 1223).
282
283
Cf. Statement from Jineth Bedoya Lima given at the public hearing held on March 15, 22, and 23 within the framework
of the 140th regular sessions.
49