highlighted the transcendental role that discrimination plays when analyzing violations of women's
human rights and how it is expressed through torture and abuse from a gender perspective. 239 In
this regard, the Court finds that her status as a woman exposed her to a specific and differentiated
risk that materialized in the aforementioned rape. Added to all this is the fact that Ms. Bedoya came
to believe "they were going to kill her at any moment," 240 which undoubtedly caused a significant
degree of distress. For this Court, it is clear that all the acts of violence to which Ms. Bedoya was
subjected caused her great suffering and anguish, resulting in, among other things, the development
of post-traumatic stress disorder with “symptoms both acute and chronic” 241 leaving her “irreparably
changed.” 242
103. Additionally, it appears from the evidence received that the aggressors’ aim was to punish her
for her journalistic activity. Indeed, the Court notes that all during the kidnapping, Ms. Bedoya was
verbally attacked on numerous occasions, with the aggressors making explicit reference to her
membership in the journalism profession, saying things like "piece of shit journalists who have fucked
up this country, it’s your fault the country is like this,” saying journalists were "paid by the
guerrillas” 243 and that they were going to “teach them a lesson so they quit fucking around and
destroying the country.” 244 When the journalist asked them who had sent them, one of them told her
that "they had been sent to clean up all the bullshit from the media." 245 In view of the foregoing, the
Court finds that the kidnapping and subsequent acts of violence directed against Ms. Bedoya were
intentional and had the clear purpose of punishing, intimidating, and, in short, silencing her
journalism.
104. The Court therefore finds that Ms. Bedoya was subjected to acts of physical, sexual, and
psychological torture that could not have been carried out without the acquiescence and collaboration
of the State, or at least with its tolerance. Consequently, in line with its settled case law on the
matter, 246 the Court finds that the State also violated articles 5(2) and 11 of the American
Convention, in relation to the obligations contained in Article 1(1) of the same instrument, articles
7(a) and 7(b) of the Convention of Belém do Pará, and articles 1 and 6 of the ICPPT.
para. 186.
239
Cf. Case of I.V. v. Bolivia. Preliminary Objections, Merits, Reparations, and Costs. Judgment dated November 30,
2016. Series C No. 329, para. 263, citing the UN, Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, Juan E. Méndez, A/HRC/31/57, January 5, 2016, paras. 5 and 9, and Case of Lopez Soto
et al. v. Venezuela, supra, para. 188.
240
Cf. Expansion of statement made by Jineth Bedoya Lima before the Office of the Attorney General of the Nation, May
30, 2000 (evidence file, folio 109).
241
Cf. Fifth Criminal Court of the Bogotá Specialized Circuit, Judgment of February 24, 2016 (evidence file, folio 24062).
242
Cf. Expert opinion given before a notary public by Jairo Enrique Cortes Pinzón, March 5, 2021 (evidence file, folio
40048).
243
Cf. Expansion of statement made by Jineth Bedoya Lima before the Office of the Attorney General of the Nation, May
30, 2000 (evidence file, folio 101).
244
Cf. Expansion of statement made by Jineth Bedoya Lima before the Office of the Attorney General of the Nation, May
30, 2000 (evidence file, folio 104).
245
Cf. Expansion of statement made by Jineth Bedoya Lima before the Office of the Attorney General of the Nation, May
30, 2000 (evidence file, folio 102).
246
The Court recalls that, in cases involving some form of sexual violence, it has been specified that violations of personal
integrity involve impact on the private lives of persons, protected by Article 11 of the Convention, which covers persons sex
lives or sexuality. Thus, sexual violence violates essential values and aspects of a person’s privacy, amounting to an intrusion
in their sexual life and an annulment of their right to decide freely with whom to have intimate relations, causing them to lose
total control over these most personal and intimate decisions, and over their basic bodily functions. Cf. Case of Fernández
Ortega et al. v. Mexico. Preliminary Objections, Merits, Reparations, and Costs. Judgment of August 30, 2010. Series C No.
215, para. 129; Case of J. v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 27, 2013.
Series C No. 275, para. 367, 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. 179.
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