participation of State agents. Consequently, it argues, the threats and the ongoing risks to the journalist have not been neutralized thus far. For its part, the State maintained that the kidnapping, torture, and rape of Jineth Bedoya was committed not by State agents, but by private individuals, and asserted that it had taken all necessary measures to investigate the facts, prosecute, and punish the perpetrators, and that, therefore, it could not be held internationally responsible for the alleged violations. 72. In light of the foregoing and the findings of fact made, the Inter-American Commission will now determine whether the State met its obligations to respect and guarantee the rights of journalist Jineth Bedoya. A. Analysis of the alleged violation of the rights to life, humane treatment, personal freedom, privacy, dignity and autonomy, freedom of thought and expression, and equality and non-discrimination (Articles 4, 153 5, 154, 7, 155 11, 156 13, 157 and 24 158 of the American Convention), in relation to the obligation to respect and protect rights (Articles 1.1 159 of the American Convention, 7 of the Convention of Belém do Pará, 160 and 1 161 and 6 162 of the IACPPT) 1. General considerations on the obligation to protect journalists at particular risk 73. As the Commission has repeatedly held, violence targeting journalists or media workers with the aim of silencing them constitutes a violation of the victim's right to freedom of expression, and has a profound negative effect on the exercise of freedom of expression by those who practice journalism and on the right of society in general to seek and receive all kinds of information and ideas in a peaceful and free manner. 163 Article 4 of the American Convention establishes that “[e]very person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life”. 154 Article 5 of the American Convention establishes that: “1) [e]very person has the right to have his physical, mental, and moral integrity respected. 2) No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person”. 155 In this regard, Article 7 of the American Convention establishes that: “1) [e]very person has the right to personal liberty and security. 2) No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3) No one shall be subject to arbitrary arrest or imprisonment”. 156 Article 11 of the American Convention establishes, in this regard: 1) [e]veryone has the right to have his honor respected and his dignity recognized. 2) No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or reputation. 157 Article 13 of the American Convention establishes, in this regard, that “[e]veryone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice”. 158 Article 24 of the American Convention establishes, in this sense: “All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law”. 159 Article 1.1 of the American Convention establishes that: “[t]he States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition”. 160 Article 7.a) of the Convention of Belém do Pará affirms: “The States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate such violence and undertake to: refrain from engaging in any act or practice of violence against women and to ensure that their authorities, officials, personnel, agents, and institutions act in conformity with this obligation”. 161 Article 1 of the Inter-American Convention to Prevent and Punish Torture affirms: “The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention”. 162 In this regard, article 6 of the Inter-American Convention to Prevent and Punish Torture highlights that: “[i]n accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction”. 163 IACHR. Report No. 136/10. Case 12.658. Luis Gonzalo “Richard” Vélez Restrepo and Family (Colombia). October 23, 2010. Para. 136; IACHR. Report No. 50/99. Case 11.739. Héctor Félix Miranda (Mexico). April 13, 1999. Para. 52; IACHR. Report No. 130/99. Case No. 11.740. Víctor Manuel Oropeza (Mexico). November 19, 1999. Para. 58. See also 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. 194; and I/A Court H.R. Case of Carvajal Carvajal et al. v. Colombia. Merits, Reparations and Costs. Judgment of March 13, 2018. Para. 175. 153 19

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