authorities that would be responsible for the alleged violations. It clarified that, with respect to the
then Presiding Judge of Sentencing Court No. 2 of the Superior Court of Bolivia, the Court's acquittal
ruling was unanimous and, subsequently, annulled and amended, and that the alleged victim has not
initiated criminal or disciplinary proceedings against it.
182. The Court declared in this judgment, inter alia, that the State failed to comply with the duty
to investigate with the corresponding enhanced and strict due diligence in a case of sexual violence
perpetrated against a girl, ultimately re-victimizing the victim, and allowing the case to remain in a
state of absolute impunity. The Court takes into consideration that, after the public hearing of the
case, the State reported that, on February 21, 2022, E.G.A. was captured for extradition purposes
in Colombian territory. However, on September 2, 2022, the Criminal Cassation Chamber of the
Supreme Court of Justice of Colombia decided to cancel the arrest warrant against E.G.A. due to “the
prescription of the criminal action in light of Colombian regulations”316 and ordered his immediate
release.
183. This Court expresses its deep concern about the failures in the investigation and prosecution
of the facts that led, due to the passage of time, to the present case remaining unpunished. In this
sense, it reiterates that judicial ineffectiveness when dealing with individual cases of violence against
women fosters an environment of impunity that facilitates and promotes the repetition of acts of
violence in general and sends a message that violence against women is tolerated and accepted,
which leads to its perpetuation and social acceptance of the phenomenon, women’s sensation of
feeling unsafe, as well as their persistent mistrust in the system of administration of justice.
Additionally, it recalls that girls are especially vulnerable to being victims of human rights violations
and that said vulnerability can be framed and enhanced, due to factors of historical discrimination
that have contributed to women and girls suffering higher rates of sexual violence, especially in the
family sphere. The Court considers that inefficiency, indifference and obstacles in access to justice
are discriminatory, since they do not allow women and girls to exercise the right of access to justice
under conditions of equality.317
184. The Court reiterates that judicial ineffectiveness in the face of individual cases of violence
against women fosters an environment of impunity that facilitates and promotes the repetition of
acts of violence in general and sends a message that violence against women will be tolerated and
accepted. This encourages the perpetuation of gender violence and its social acceptance, as well as
women’s sensation of feeling unsafe and their persistent mistrust in the justice administration
system.318
185. In the circumstances of this case, the Court considers it pertinent to order the State to keep
the criminal proceedings open and promote the investigation of the case if there is any change in
circumstances that allows it.
186. Furthermore, this Court established that different state authorities in charge of the investigation
and trial contributed to Brisa’s revictimization, by carrying out forensic examinations, repetitive
interrogations, inappropriate questions and comments that incorporated gender stereotypes, among
other acts. Therefore, the Court considers it pertinent to order the State to adopt all necessary
measures to, within a reasonable period of time, determine, through the competent public
institutions, the possible responsibilities of the officers who, by their actions, contributed to the
commission of revictimizing actions and possible procedural irregularities to the detriment of Brisa
and, to the extent appropriate, apply the consequences provided for in law.
316
Cf. Decision issued by the Criminal Cassation Chamber of the Supreme Court of Justice of Colombia on September
2, 2022 (evidence file, folios 12077 to 12088).
Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, paras. 156 and 291.
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, paras. 388 and 400, and Case of Barbosa de Souza et
al. v. Brazil, supra, para. 125.
317
318
58