CONCURRING OPINION OF
JUDGE RICARDO C. PÉREZ MANRIQUE
CASE OF BEDOYA LIMA ET AL. V. COLOMBIA
JUDGMENT OF AUGUST 26, 2021
(Merits, Reparations, and Costs)
I.
INTRODUCTION
1.
The judgment declares violations of articles 1(1), 5(1), 5(2), 7,
11, and 13 of the American Convention on Human Rights (hereinafter
the “Convention”) in relation to the obligations to respect and
guarantee rights without discrimination and the duty to adopt
domestic legal effects, established in articles 1(1) and 2 of the
Convention. The case entails a series of human rights violations
stemming from threats against and kidnapping, torture, and rape of
journalist Jineth Bedoya Lima for reasons related to her profession
and the State’s failure to adopt adequate and timely measures to
protect her and prevent the facts from taking place.
2.
I hereby concur with the provisions of the judgment and issue
this opinion to go into further depth in the analysis of Ms. Bedoya's
right to freedom of expression as a woman journalist. Because she is
a woman journalist, she has been the victim of threats, kidnappings,
harassment, and violations of her rights as forms of intimidation since
the very start of her career. I therefore deem it is necessary to define
clear guidelines and precise international standards for investigating
these crimes against female journalists who are victims with regard
to the exercise of their freedom of expression.
3.
To this end, this opinion is structured as follows: First, freedom
of expression is analyzed as a pillar of the rule of law and of a
democratic society, and the conditions for exercising journalism
during an armed conflict like the one in Colombia are succinctly
addressed. Second, the case is approached from the perspective of
the right to freedom of expression in the case of a female journalist,
specifically the rape of and threats against Ms. Bedoya. Third, the
State’s duties to protect women journalists are presented,
emphasizing the obligation to implement comprehensive measures
for prevention, protection, and administration of justice.
1
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