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