behind the facts 284 or the identities of other co-perpetrators who may have participated in them. This
Court recalls that the investigation of complex cases requires “direct[ing] the efforts of the State
apparatus towards unraveling the structures that permitted these violations, the causes, the
beneficiaries, and the consequences.” 285 The Court notes that the representatives and the
Commission have noted the existence of evidence of possible State participation in these facts and
that, in the preceding chapter, it determined the State was responsible for breaching its duty to
respect with regard to the facts of May 25, 2000. In this regard, the State has argued that Colombian
courts continue to pursue criminal investigations into the aforementioned facts and that, specifically,
it is currently pursuing a line of investigation seeking to determine whether State agents participated
in the facts under analysis. 286 However, the Court observes that although more than 21 years have
passed since the facts, this line of investigation remains open and has yet to yield any results.
133. Therefore, the Court concludes that based on the actions of the State’s investigative and
forensic authorities in charge of delivering justice in this specific case, the State of Colombia did not
act with the enhanced due diligence required in the investigations and criminal proceedings related
to the violence and torture suffered by Ms. Bedoya on May 25, 2000.
b.1.2 Gender discrimination
134. The Court recalls that in cases of violence against women, the general obligations established
in Articles 8 and 25 of the American Convention are supplemented and enhanced for those States
that are party to the Convention of Belém do Pará by the obligations derived from this specific interAmerican treaty. Article 7(b) of this Convention specifically requires the States parties to apply due
diligence to prevent, punish and eradicate violence against women. Thus, when an act of violence is
committed against a woman, whether by a State agent or a private party, it is particularly important
for the authorities in charge of the investigation to conduct it with determination and efficacy, taking
into account their duty to society to reject violence against women and the State’s obligation to
eradicate it and ensure that victims have confidence in the institutions established by the State for
their protection. 287
135. Likewise, the Court has found in its settled case law that the criminal investigation must include
a gender perspective and be conducted by officials trained in similar cases and in attending to victims
of discrimination and gender-based violence. 288 The Court recalls that judicial ineffectiveness in
individual cases of violence against women fosters an environment of impunity that facilitates and
promotes the repetition of acts of violence in general and sends a message that violence against
women can be tolerated and accepted, fostering the perpetuation and social acceptance of the
phenomenon, the feeling and impression of insecurity among women, and persistent mistrust of the
284
During the public hearing, Ms. Bedoya stated as follows:
The investigation into the masterminds is completely dead, despite the fact that they have been named,
there is evidence, there is testimony, and my attorneys have consistently asked for an investigation to be
opened and responsibility established.”
Cfr. 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.
Cf. Case of Rodríguez Vera et al. (the Disappeared from the Palace of Justice) v. Colombia, supra, para. 500, and
Case of Isaza Uribe et al. v. Colombia. Merits, Reparations, and Costs. Judgment of November 20, 2018. Series C No. 363,
para. 153.
285
286
Cf. Final arguments of the State presented on April 23, 2021 (merits file, folio 1551).
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 193, and Case of V.R.P., V.P.C et al. v. Nicaragua, supra,
para. 152.
287
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 455, and Case of Guzmán Albarracín et al v.
Ecuador, supra, para. 177.
288
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