Could There Finally Be Some Accountability for the Sexual Violence Against Colombian Journalists?

In 2018, the International Women’s Media Foundation reported that physical, sexual and online abuse is a daily reality for women journalists and media workers. Though there is limited to no hard data about the risks and abuse that female journalists face in Latin America, research published in 2020 by the Colombian campaign No es Hora de Callar (It’s Not the Time to be Silent), the policy institute Observatorio de la Democracia (Observatory of Democracy) of the University of the Andes found that 23.2% of the Colombian female journalists surveyed had suffered sexual violence at their jobs.

What is equally alarming is that 95% of all sexual violence cases in Colombia go unpunished. Women, including those who are journalists, simply cannot rely on the state for protection.

Jineth Bedoya Lima’s saga for accountability speaks pointedly to this dangerous status quo. Bedoya Lima, a renowned Colombian journalist, appeared virtually last March 15^th before the Inter-American Court of Human Rights to share her harrowing testimony for the umpteenth time since she was attacked. “They killed me on the morning of May 25, 2000, my life was destroyed," she began. Over 20 years ago, as she visited La Modelo prison in Bogotá to investigate alleged arms trafficking between paramilitary groups and Colombian, Bedoya Lima was kidnapped, tortured, and gang raped by paramilitaries as a horrific message to journalists around the country.

An autonomous judicial body, the Inter-American Court of Human Rights is responsible for taking protective measures and issuing rulings on violations of human rights committed by members of the Organization of American States. Cases may only be brought to the court by state parties and the Inter-American Commissionof Human Rights. In 2019, the Commission did exactly that. It referred Bedoya Lima’s case to the Court after it had concluded that Colombia had not complied with multiple recommendations. According to the Commission’s report, the state knew there was a real and imminent threat against Bedoya Lima, but did not adopt reasonable measures for her protection. It also states that there has been no diligent investigation to bring all responsible parties to justice, especially when it comes to the involvement of state agents.

During the hearing before the Inter-American Court, which is currently deciding if, and to what extent, the Colombian state can be held responsible for the assault on Bedoya Lima, a panel of judges asked questions to further comprehend the atrocities the journalist was subjected to. And just as Bedoya Lima was getting her chance to speak and be fully heard in this official proceeding, she was yet again victimized.

“In an unprecedented move, Camilo Gómez, the state’s legal representative, announced he was leaving the hearing”

In an unprecedented move, Camilo Gómez, the state’s legal representative, announced he was leaving the hearing after alleging the judges lacked objectivity and impartiality. The virtual box where Gómez made his claims completely disappeared from the screen. A fit metaphor for the way government authorities have acted over the last two decades—bucking attempts at accountability and checking out.

In a country where impunity reigns supreme, Bedoya Lima has been retraumatized by a judicial system that has moved at a glacial pace, carelessly losing entire sections of her file and subjecting her to interrogations 12 times and counting. To this day —and no doubt thanks to Jineth’s own research— only three of the many criminals involved in her assault have been tried and convicted under Colombia’s justice system, but no masterminds have been brought to justice. What’s more, Jineth has been forced to jump through endless bureaucratic hoops to be heard before the Inter-American Court. Victims are expected to exhaust all internal judicial remedies, then take their case to the Commission, as she did in 2011.

On March 22nd, the Court dismissed the claims of bias made by Colombia. The hearing was reconvened for final arguments, but even then, the state’s representatives dug in their heels. In their closing statement, Colombia’s legal team offered a half-apology to Bedoya Lima, admitting that sexual violence has been one of the most atrocious human rights violations in the armed conflict and it was wrong to make her relive the brutal violence she suffered 12 times. Yet, it refused to acknowledge the complicity of state actors, the state's failure to prevent what happened, or the country’s entrenched institutional incompetence.

“If a more than decade-long course is the reality for one of the top journalists in the region, what hope and protection are there for reporters who are risking their lives for the truth in some of the most hidden corners of Latin America?”

What will it take for Colombia to take a hard look at a judicial system that fails victims of sexual assault? If a more than decade-long course is the reality for one of the top journalists in the region, what hope and protection are there for reporters who are risking their lives for the truth in some of the most hidden corners of Latin America?

A number of organizations like the Foundation for Free Press (FLIP) and the Colombian Network of Journalists with a Gender Vision have raised their voices about the failure to hold perpetrators accountable for sexual assault and how violence against women journalists in the country gravely affects their right to freedom of expression. As they press for change, Jineth’s case awaits a decision from the Inter-American Court that could take months or even years. This will be the first judgment regarding the obligations of states to guarantee the safety of female journalists who are especially at risk of experiencing violence in armed conflicts. Considering this Court’s longstanding history of guaranteeing human rights in the region, it may do right by survivors of sexual assault. If the Court rules in Jineth’s favor, Colombia could be obligated to offer reparations and adopt policy changes to prevent this kind of violence.

Jineth's undeniable bravery and persistence sends a clear message that crimes against women will not be swept into dark corners. She has continued to speak up and courageously pursue her career as a journalist despite deep trauma, continued threats, and the dangers of being a female reporter in an ongoing internal armed conflict. She has spent the last 20 years personally investigating the details of her case to obtain justice not only for herself but also for others. Her now emblematic campaign No Es Hora De Callar is a call for us to insist on protections against violence and speedy accountability.