as a result of the new violence because the problem with certain kinds of sexual violence is that it
can always continue and be repeated." 332 Ms. Lima made statements to this effect in the framework
of these proceedings, indicating that “the events of May 25, 2000 and the threats that Jineth has
received are things that affect me every day of my life.” 333 Likewise, Ms. Bedoya made specific
reference to the effects that all the acts of violence against her and the State’s inaction, indicating
the following during the public hearing held before this Court:
My mother, I have to say that she has never had support from the State in terms of security,
[…], and she has been subjected to surveillance. Sometimes they call her phone to ask her
questions about me, and we know that it’s to intimidate her, we know they are also playing at
that, psychological harassment and emotional harassment, and I can handle it because I have
lived in the middle of it for 20 years. I got used to living in the middle of it, […], but not her, I
think that has been the hardest […]. Her health has declined during these years, but especially
from not being able to live a free life, not being able to live. 334
160. Added to this is the serious fact that Ms. Lima herself was the collateral victim of an attack
directed at her daughter on May 27, 1999, after which she also had to be hospitalized. 335
161. Lastly, the Court finds that the fact that the threats received by Ms. Bedoya continue in impunity
has also caused her mother suffering. She stated that she still feels “very afraid” because she knows
that there are still people who want to take her daughter’s life. 336
162. Therefore, in view of the evidence and information provided in the case file, as well as the
particular circumstances of this case, this Court finds that, as a direct consequence of the acts of
violence against her daughter, and because she accompanied her for more than two decades in her
search for justice while the facts remain in partial impunity and because of the threats that her
daughter continues to receive even today, Ms. Lima experienced and continues to experience deep
suffering and anguish to the detriment of her mental and moral integrity, in violation of the Article
5(1) of the American Convention, in relation to Article 1(1) of the same instrument.
IX
REPARATIONS
163. Under Article 63(1) of the American Convention, the Court has indicated that any violation of
an international obligation that has caused harm entails the obligation to make adequate reparation
and that this provision reflects a customary norm that is one of the fundamental principles of
contemporary international law on State responsibility. 337
164. Reparation of the harm caused by the violation of an international obligation requires, insofar
Cf. Expert opinion from Clara Sandoval given at the public hearing held on March 15, 22, and 23, 2021 within the
framework of the 140th regular sessions.
332
333
Cf. Statement made before a notary public by Luz Nelly Lima, of March 6, 2021 (evidence file, folio 39919).
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.
334
335
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, and Statement made before a notary public by Luz Nelly Lima, of March 6, 2021
(evidence file, folio 39917). Also see Complaint filed by Jorge Enrique Cardona Álzate before the Office of the Attorney General
of the Nation, May 26, 2000 (evidence file, folio 92); Sworn statement given by Jorge Enrique Cardona Álzate before the
Office of the Attorney General of the Nation, November 1, 2011 (evidence file, folio 16).
336
Cf. Statement made before a notary public by Luz Nelly Lima, of March 6, 2021 (evidence file, folio 39921).
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989. Series C No. 7,
para. 25; and Case of Grijalva Good v. Ecuador, supra, para. 163.
337
58