IACHR Hearing on October 27, 2011.
Commissioners: Commissioner Dinah Shelton, Commissioner Maria Silvia Guillen, and Commissioner Luiz Meija
Participants: Jineth Bedoya, Center for Justice and International Law (CEJIL), Ruta Pacífica de las Mujeres por la Solución Negociada del Conflicto Armado, Corporación Vamos Mujer, Corporación Mujeres que Crean, Casa de la Mujer en Bogotá, Consultoría para los Derechos Humanos y el Desplazamiento (COHDES)
Countries: Colombia
Topics: Violence Against Women, Women’s Rights
Jineth Bedoya, a prominent journalist and victim of sexual violence after she was kidnapped, addressed the Inter-American Commission on Human Rights (IACHR) on Thursday, October 27, 2011. She was joined by the Petitioners, which included the Center for Justice and International Law (CEJIL), Ruta Pacífica de las Mujeres por la Solución Negociada del Conflicto Armado, Corporación Vamos Mujer, Corporación Mujeres que Crean, Casa de la Mujer en Bogotá, Consultoría para los Derechos Humanos y el Desplazamiento (COHDES). Representatives from Colombia were present as well as Commissioners Dinah Shelton, Maria Silvia Guillen, and Luiz Meija.
The Petitioners recognized the progress of the Colombian government in preventing and penalizing sexual crimes against women. They nonetheless maintained that the government was not doing enough to prevent, adjudicate, and penalize sexual violence against women. In particular, the Petitioners focused on sexual violence incident to armed conflict, and the significant number of atrocities committed by members of the State military and police force.
Although both the Petitioners and the Colombian government acknowledged recent favorable Constitutional Court cases, the Petitioners remained concerned that these steps have not increased women’s access to justice or decreased utilization of impunity for perpetrators. According to the Petitioners, the current legal framework does not support effective adjudication of cases. The few cases that do go to court rarely end in convictions or appropriate penalties. Petitioners were concerned that the system’s focus on perpetrators’ confessions, instead of proper investigations and evidence gathering, has lead to systematic prejudices against women and sexual crimes. The State however, rebutted this claim by stating that the issues of the previous system were no longer present in the newly implemented system.
The Petitioners discussed the consequences of reporting and investigating sexual violence, and asked the State to dedicate resources to end retaliatory violence. Incidences of assassinating victims who reported these crimes, harassment of a victim’s family, and violence against prosecuting attorneys have all been reported. Specifically, the Petitioners requested that the State provide more precautionary measures for prosecutors to effectively investigate sexual violence without threat to their safety. Ms. Bedoya reiterated this point when she asked the State to increase security for the female attorney who was investigating her case.
According to the Petitioners, prejudices against women who reported crimes of sexual violence were becoming so prevalent that a member of the Colombian legislature began denying the validity of sexual violence claims by women. Commissioners echoed the Petitioners’ concern that a public servant could accuse victims of fabricating claims of sexual violence. However, all parties agreed on increasing precautionary measures and special recognition for indigenous women, disabled women, and women in the LGBT community.
While the State acknowledged they could be doing more to support women against sexual crimes, Colombian representatives emphasized the specific ways in which the State has improved the legal framework for prevention and justice for victims. One state representative even declared that he was tired of continually repeating all of the progress that has been made on behalf of women. These improvements, according to the State, include increasing the Attorney General’s staff, improving the availability of restitution and reparations for victims, offering free testing for sexually transmitted diseases, and continued cooperation with women’s groups. The State’s cooperation with women’s groups has, in the past, created new policy and led to greater awareness of women’s issues in the public agenda. The State requested that the Petitioners and the Commission recognize these developments.
Ms. Bedoya closed the hearing by asking the participants: if this violence could happen to her, a well-respected journalist at a prominent newspaper, what is happening to the thousands of women who have far fewer resources? Although, she thanked the State for the preferential treatment she and her case had received in the past several months, she declared it was not sufficient to make up for the eleven years the State ignored her. It is concerning that the State should ask for special recognition for prosecuting a crime, is it not every government’s duty to protect its citizens by investigating crimes and prosecuting criminals to the fullest extent of the law?
