justice system. 289 This ineffectiveness or indifference in itself constitutes discrimination against women in access to justice. Therefore, when there are specific indications or suspicions of gender violence, a failure by the authorities to investigate the possibly discriminatory motives behind an act of violence against women may in itself constitute a form of gender-based discrimination. 290 136. First, the Court is drawn to what Ms. Bedoya said with respect to the first statement she made before the Office of the Public Prosecutor, insofar as she described it as “inhuman” because she had to give it in the presence of at least five men, which also caused her initially to not report that she had also suffered acts of sexual violence: […] the way they treated me to get my account, I was so ashamed that my mother or someone in my family would find out that I hadn’t been raped by one man but by three. The prosecutor took my statement in the presence of at least five other men and I was so ashamed that I preferred to keep quiet. 291 137. The Court observes that this statement was not in compliance with the State's duty to ensure that it be taken in a “comfortable and safe” 292 environment. It furthermore contributed to the fact that Ms. Bedoya was unable to provide all the information on what happened in those initial moments, clearly to the detriment of the criminal investigation of the facts. Additionally, the Court notes with concern what Ms. Bedoya described where she indicated that the prosecutor did not consider the investigation of the rape to be a priority. 293 This indifference in itself amounts to an act of genderbased discrimination that affected Ms. Bedoya's right to access to justice. 138. Likewise, in the framework of these investigations, inquiries were made regarding the alleged existence of romantic relationships between Ms. Bedoya and a guerrilla fighter, 294 which is part of a series of sexist conceptions and discriminatory stereotypes against women 295 that became yet another obstacle to determining the different lines of investigation into the facts. 296 Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, paras. 388 and 400, and Case of Lopez Soto et al. v. Venezuela, supra, para. 223. 289 290 Cf. Case of Véliz Franco et al. v. Guatemala, supra, para. 208, and Case of López Soto et al. v. Venezuela, supra, para. 223. 291 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. Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 194, and Case of López Soto et al. v. Venezuela, supra, para. 241. 292 293 Cf. Statement by Jineth Bedoya Lima before the 49th Specialized Prosecutor's Office of the National Human Rights and International Humanitarian Law Unit of April 30, 2012 (evidence file, folios 44592 to 44601). 294 The case file indicates that after Jhon Jairo Vásquez, alias “Popeye”, stated that the journalist was an alleged lover of a guerrilla fighter incarcerated in the National Model Prison, the Office of the Public Prosecutor ordered an interview to establish the ties between that person and the journalist, as well an inspection of the visitors log to determine who had visited him. Cfr. Office of the Attorney General of the Nation, Report on resolution proceedings of June 19, 2000 (evidence file, folio 193); Office of the Attorney General of the Nation, Report on resolution proceedings of June 19, 2000 (evidence file, folios 201 and 202); Office of the Attorney General of the Nation, Record of judicial inspection of November 8, 2000 (evidence file, folio 230); and Office of the Attorney General of the Nation, Record of judicial inspection of November 15, 2000 (evidence file, folio 205). 295 In this regard, expert witness Kravetz explained that "a fundamental pillar in access to justice for victims of genderbased violence is the guarantee of non-discriminatory treatment," which includes eradicating investigative prejudices, stereotypes, and practices that contribute to gender-based violence. The expert explained that the use of gender stereotypes can hinder the investigation and have a harmful effect on the victims, resulting in their re-victimization. The expert also explained that the use of gender stereotypes can hinder the investigation and have a harmful effect on the victims, resulting in their re-victimization. Cf. Expert opinion from Daniela Kravetz given at the public hearing held on March 15, 22, and 23, 2021 within the framework of the 140th regular sessions and submitted in writing (merits file, folio 1102). 296 In fact, the Court has highlighted that, “According to certain international standards concerning violence against women and sexual violence, evidence relating to the sexual history of the victim is inadmissible, in principle; hence, opening 51

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