facts 276 made 10 years after they took place. The Court also notes that there is no record of any steps taken to identify evidence on the clothing worn by Ms. Bedoya on the day of the facts, given that—as alleged by the representatives and the Commission, and not disputed by the State—the clothing had been lost. 277 This is of particular relevance in criminal investigations into sexual violence, where it is essential for the investigative actions to be documented and coordinated and the evidence handled and preserved diligently, taking sufficient samples and conducting tests to determine the possible perpetrator of the act, while securing other evidence such as the victim’s clothes, investigating promptly the scene of the facts, and ensuring the proper chain of custody. 278 130. These types of deficiencies were also verified along with others by the 19th Criminal Judicial Procurator's Office, which in 2011, through an official letter addressed to the Specialized Prosecutor's Office 49 of the UNDH, ordered referral of the actions of Specialized Prosecutor 6’s actions in the case to criminal and disciplinary justice for investigation in connection with "omission of facts recorded in the criminal proceeding carried out with regard to the heinous facts of which Ms. Bedoya Lima was a victim", noting that "the incoherent, disjointed, and torpid actions [...] are without doubt what has called into question the honorable work of administering justice.” 279 131. Likewise, the Court confirms that it was Ms. Bedoya herself who had to take steps on her own to investigate the facts. 280 In fact, in 2010, the Office of the Public Prosecutor itself asked her if she had obtained any more information establishing who were the perpetrators of the facts. 281 This is corroborated by what was stated by the Criminal Judicial Procurator 19, which, in its official letter of February 29, 2011 highlighted the “serious and regrettable evidentiary shortcoming” that the burden of proof, which “rests with the State,” had been transferred to the victim "to the detriment of her own dignity and in a way that was revictimizing." 282 This was, effectively, revictimizing for Ms. Bedoya, who at the hearing stated the following: We journalists provided a variety of evidence, we provided the CTI of the Colombian Prosecutor's Office with recordings of people who gave testimony about who the perpetrators were, how they had obtained the weapons, how they had kidnapped me, but unfortunately all this evidence was lost, part of the file that was lost in the subsequent months […]. Which seemed re-victimizing to me, because I wasn't the one who had to investigate. How was I supposed to investigate my own pain, my own tragedy? 283 132. Lastly, the Court observes that, to date, it has not been possible to determine the masterminds 276 Cf. Office of the Attorney General of the Nation, Resolution of October 12, 2011 (evidence file, folio 794). This was also recognized by the State itself. Cf. Answering brief of March 16, 2020 (merits file, folio 562). 277 Cf. Sworn statement of Jineth Bedoya Lima, November 26, 2011 (evidence file, folio 804); and Criminal Judicial Procurator 19, Official Letter No. D11 PJ19, of February 29, 2011 (evidence file, folio 1220). Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 194, 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. 272. 278 279 1221). Cf. Criminal Judicial Procurator 19, Official Letter No. D11 PJ19, of February 29, 2011 (evidence file, folios 1217 to 280 Cf. Expansion of statement of Jineth Bedoya Lima, of May 22, 2003 (evidence file, folio 328 following); Expansion of statement of Jineth Bedoya Lima, August 28, 2007 (evidence file, folio 403); and 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. 281 Cf. Expansion of complaint of Jineth Bedoya Lima, August 11, 2010 (evidence file, folio 638). Cf. Office of the Attorney General of the Nation, Deputy Attorney Assigned to the Superior Court of the Judicial District of Bogotá D.C., Official Letter no. 01734, of March 25, 2015 (evidence file, folio 1223). 282 283 Cf. Statement from Jineth Bedoya Lima given at the public hearing held on March 15, 22, and 23 within the framework of the 140th regular sessions. 49

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