sponsorship, or when members of the government, or persons with ties to the government, have attempted to
obstruct the investigation.
129.
This investigation necessarily involves taking account of the patterns of action of these power
structures. As can be seen from the case file, the crimes against Jineth Bedoya were executed with a high level
of planning, reflected in the acts leading up to the execution of the crime, the threats made to the victim, and
the place where the events occurred. The IACHR reiterates that crimes against journalists on account of their
profession are selective crimes, and therefore cannot be investigated as ordinary or traditional crimes. These
crimes reflect a plan or strategy designed by a criminal organization, network, or power structure, the
execution of which aims to cause the death of an individual because of the practice of journalism, to silence him
or her, to provoke fear, and ultimately to curtail the right to freedom of expression. Consequently, the obligation
to investigate and prosecute these types of crimes with due diligence has specific characteristics. It is an
obligation of strict due diligence, which in this case is also heightened if the violence against journalists is part
of a context of conflict or massive violations of rights.
130.
In view of the foregoing, the IACHR considers that the measures taken to move the
investigation forward have not been adequate and sufficient to satisfy the State's obligation to conduct an
exhaustive and diligent investigation, given the seriousness of the crime under investigation and the
heightened obligations in this area. This could have had a strong chilling effect on the exercise of freedom of
expression not only by the journalist, but also by her team and by Colombian society as a whole, with obvious
consequences for democratic discourse in the country.
Reasonable time period
131.
In complying with their duty to pursue justice for acts of violence against journalists, States
have an obligation to ensure that criminal investigations and prosecutions are carried out within a reasonable
period of time. In this regard, the Inter-American Court has established that excessive delay in the investigation
of acts of violence can constitute a per se violation of the right to a fair trial. 236 The authorities responsible for
the investigation should conduct the proceedings expeditiously, avoiding unwarranted delays or hindrances
that lead to impunity and violate the due judicial protection of rights. 237
132.
From its initiation in 2000, the investigation has spanned more than 18 years. The State
argued that this delay is not attributable to the conduct of the authorities, but to the complexity of the case.
133.
The IACHR observes that during the first 11 years the investigation showed long periods of
inactivity and no results. As the petitioner asserts, there were extensive stretches of time during those years,
sometimes up to 19 consecutive months, in which the authorities leading the investigation did not undertake
or order any investigative proceedings. The investigation was spurred on after journalist Jineth Bedoya became
a civil party to the case in 2011, which coincides with the filing of this petition to the Commission for its
consideration and with the launch of the “No Es Hora De Callar” [“It’s No Time to Be Quiet”] campaign.
Nevertheless, even after that, the Prosecutor’s Office took at least five years to name three individuals as
suspects in the case and obtain their conviction as the direct perpetrators. The investigation remains open with
respect to other direct perpetrators and masterminds, including an investigation into the possible active or
passive participation of State agents in the events of May 25, 2000. Therefore, the IACHR concludes that the
investigation of the crime against journalist Jineth Bedoya Lima has not been carried out within a reasonable
period of time.
134.
In light of all of the above considerations, the IACHR concludes that the State has violated the
rights to a fair trial and to judicial protection established in Articles 8.1 and 25.1 of the American Convention,
I/A Court H.R. Case of Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C, No. 136. Para.
85; I/A Court H.R. Case of the Moiwana Community v. Suriname. Preliminary Objections, Merits, Reparations and Costs. Judgment of June
15, 2005. Series C, No. 124. Para. 160.
237 I/A Court H.R. Case of Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C, No. 136. Para.
85.
236
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