caused by the more than 18-year delay in securing justice for the facts. It concluded that the State
violated the right enshrined in Article 5(1) of the Convention, in relation to Article 1(1) thereof, to
the detriment of Luz Nelly Lima.
156. The representatives agreed with the arguments of the Commission and specified that, in this
case, Ms. Bedoya's mother had experienced “profound suffering as a result of what happened to her
daughter, and for having accompanied her in her search for justice over the last 20 years". They
indicated that Ms. Lima was also a victim of the attacks directed at Ms. Bedoya. They added that Ms.
Lima lives "in constant fear that Jineth may be the victim of a new act of violence."
157. In its answering brief, prior to the partial recognition of international responsibility, the State
argued that it did guarantee Luz Nelly Lima's right to personal integrity, since the authorities "have
investigated the case with due diligence." It also argued that the authorities in charge of the
investigation and prosecution of the facts that impacted Ms. Lima were diligent in establishing the
facts and identifying those responsible. Likewise, the State held that it was not possible to find
Colombia internationally responsibility for the alleged violation of the right to humane treatment of
Luz Nelly Lima because three of the perpetrators of the facts of May 25, 2000 were convicted, such
that "no connection can be demonstrated between the alleged violation of the right to integrity of
the victim's mother, Ms. Luz Nelly, and the State's lack of due diligence in the investigation" of the
facts.
B.
Considerations of the Court
158. The Court has repeatedly affirmed that the family members of victims of human rights
violations may, in turn, be victims. 327 This Court has considered that a violation of the right to
psychological and moral integrity may be declared in the case of “direct next of kin” or others with
close ties to the victims for the additional suffering they have endured as a result of the particular
circumstances of the violations perpetrated against their loved ones, and the subsequent actions or
omissions by the State authorities in this regard, 328 considering, among other aspects, the steps
taken to obtain justice and the existence of close family ties. 329
159. The Court notes the special characteristics of the impact of the acts of sexual violence and
threats suffered by Ms. Bedoya's mother. In this regard, expert witness Clara Sandoval addressed
the impact and differentiated damage experienced by the mothers of victims of sexual violence,
which must be analyzed from a gender perspective. She explained that when victims of sexual
violence are stigmatized and alienated, mothers are the ones who stay with their daughters,
amplifying the emotional impact that the mother suffers and also exposing themselves to the revictimization and stigma of sexual violence. 330 Ms. Bedoya testified in this regard that her mother
“bears my pain, but also her pain, and I think that is what happens to all victims, especially when
the person who has suffered the victimizing act is one of our own, because the pain is double, and
that is what has happened to her.” 331 In fact, the mothers of victims of sexual violence "suffer fear
Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Merits, supra, para. 176, and Case of
Guachalá Chimbo et al. v. Ecuador. Merits, Reparations, and Costs. Judgment of March 26, 2021. Series C No. 423, para. 217.
327
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114, and Case of
Guachalá Chimbo et al. v. Ecuador, supra, para. 217.
328
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series C No.
91, para. 163, and Case of Guachalá Chimbo et al. v. Ecuador, supra, para. 217.
329
330
Cf. Expert opinion from Clara Sandoval given at the public hearing held on March 15, 22, and 23, 2021 within the
framework of the 140th regular sessions.
331
Cf. 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.
57