sexual violence. 224 Without prejudice to the above, the Court added that the appropriateness of a gynecological
examination must be considered on a case by case basis, taking into account the time that has elapsed since the
sexual violence is alleged to have occurred. 225
116.
In addition, criminal investigations must include a gender perspective and be conducted by
officials trained in similar cases and in the care of victims of discrimination and gender-based violence. 226 Such
an investigation should be conducted in accordance with protocols aimed specifically at documenting evidence
in cases of gender-based violence. 227
117.
Impunity for such crimes sends the message that violence against women is tolerated, which
encourages its perpetuation and social acceptance, fosters a sense and feeling of insecurity in women, and
contributes to their continued distrust of the justice system. 228
3.
Application of the foregoing obligations to the facts of the case
118.
The Commission will examine whether, through the investigations initiated at the domestic
level, the State has complied with its obligation to investigate the facts of this case in compliance with the
standards described above. This analysis will be conducted, first, with respect to due diligence in the
investigation and, second, with respect to compliance with the reasonable time guarantee.
−
The duty to investigate with due diligence
119.
The case file indicates that on May 26, 2000, the Office of the Prosecutor General ordered the
opening of the criminal investigation into the facts of this case. This investigation was initiated at the
preliminary stage for the crimes of simple kidnapping and violent sexual act, and was in under the
responsibility of Special Prosecutor 103 assigned to the Bogotá Specialized Anti-kidnapping Unit [Grupo de
Acción Unificada por la Libertad Personal - GAULA] of the Office of the Prosecutor General. On June 6, 2000, the
Prosecutor’s Office assigned the investigation of the case to the National Human Rights Unit, which referred the
case to the 6th Special Prosecutor for Human Rights and IHL. This Prosecutor headed the preliminary phase of
the investigation for 11 years, without making any progress beyond the taking of evidence. 229 In January 2011
Jineth Bedoya became a civil party to the case. In February 2011, the Office of the Inspector General of Colombia
ordered the disciplinary investigation of the 6th Special Prosecutor for investigative and evidentiary
deficiencies in the criminal proceedings under his charge. Consequently, on August 23, 2011, the investigation
was reassigned to Office of the 49th Special Prosecutor of the NHRU. On February 23, 2013, the Prosecutor’s
Office ordered the suspension of the investigation against three alleged perpetrators, due to their status as
former paramilitary members with applications pending before the National Unit for Justice and Peace.
However, on 7 October the suspension was lifted. On June 12, 2015, the case was reassigned to the Office of the
50th Special Prosecutor for Human Rights and IHL. According to the information presented by the State, the
investigation carried out by the various prosecutors of the Human Rights Unit of the Office of the Prosecutor
General finally led to the identification of three individuals as the perpetrators of the kidnapping, torture, and
224 I/A Court H.R. Case of Espinoza Gonzáles v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 20, 2014.
Series C, No. 289, para. 256.
225 I/A Court H.R. Case of Espinoza Gonzáles v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 20, 2014.
Series C, No. 289, para. 256.
226 I/A Court H.R. Case of Veliz Franco et al. v. Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of May 19, 2014.
Series C, No. 277, para. 188; and I/A Court H.R. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations
and Costs. Judgment of November 16, 2009. Series C, No. 205, para. 455.
227 I/A Court H.R. Case of Espinoza Gonzáles v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 20, 2014.
Series C, No. 289, para. 252.
228 IACHR. “The state of women’s rights in Ciudad Juárez, Mexico. The right not to be an object of violence and discrimination” [available in
Spanish at http://www.cidh.org/annualrep/2002sp/cap.vi.juarez.htm). Para. 165; I/A Court H.R. Case of González et al. (“Cotton Field”) v.
Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C No.205, para. 400.
229 In 2008, the 226th Special Prosecutor’s Office for Crimes against Sexual Freedom, Integrity, and Self-Determination opened a new
investigation on the sexual violence crimes perpetrated against Jineth Bedoya, pursuant to Ruling 092 of the Constitutional Court of
Colombia. After carrying out only a few activities, the 226th Special Prosecutor’s Office transferred its jurisdiction and proceedings to the
6th Prosecutor’s Office of the Human Rights Unit.
30