Practical Guide to Encourage Transparency in Investigative Activities of Crimes Against Journalists

November 2, 2025

Washington, D.C.- In the framework of the International Day to End Impunity for Crimes against Journalists, the Office of the Special Rapporteur for Freedom of Expression (SLR) of the Inter-American Commission on Human Rights (IACHR) publishes its "Practical Guide: Record of Intermediate Proceedings: Strategy to Know the Progress of Criminal In… (Available in Spanish), whose objective is to promote the transparency of the State's investigative activities and contribute to the fight against impunity in cases of violence against the press.

The Americas continues to be one of the most violent and lethal regions in the world for the practice of journalism. In this context, impunity reinforces the perception that these human rights violations are tolerated by the State. The Inter-American System has repeatedly recognized the duty of States to conduct prompt, thorough, and diligent investigations. However, the Office of the Special Rapporteur observes that because of the way in which investigations are conducted, they can remain opaque for years, until an act of judicialization takes place that becomes public. This situation reflects a challenge in the transparency and registration of the intermediate actions that take place between the commission of the crime and its prosecution.

The impacts of the lack of availability of information are not limited to the rights of victims and their families, but also have repercussions on inter-American society as a whole. Without access to information, citizens do not know – even forget – whether investigations and processes are progressing or not; and gaps are generated that prevent evaluating whether the eventual intermediate actions are carried out in a timely, independent, serious and exhaustive manner, including aspects related to attention to victims and comprehensive reparation.

The Office recognizes that the confidentiality of the case file is an important tool for the administration of justice; however, it is also possible to comply with a certain degree of transparency without compromising the confidential nature of the investigations, as long as they are information that does not reveal details of the content of the investigation, the evidence alluding to the clarification of the facts, or the findings concerning the alleged masterminds, materials, accomplices or accessory after the fact.

To overcome the difficulties identified and, at the same time, promote the transparency of investigations, the Office of the Special Rapporteur proposes that States undertake efforts to create logs of intermediate activities, which make it possible to identify the means, methods, and activities carried out from the receipt of the criminal notice to the completion of the preparatory or investigation phase.

The Practical Guide identifies five key categories: (i) the legal instruments and institutional framework provided by the State to carry out the research; (ii) the criteria for assessing the formality and completeness of the investigation; iii) the incorporation of the victim's journalistic practice in the logical lines of investigation; iv) the actions implemented by the investigative team to facilitate the participation of the victim and/or his representatives; and (v) the measures adopted for the initiation of judicial proceedings based on the investigation of the case. In its annex, the Guide proposes a series of indicators, in each of these categories, that could be made transparent by the State without affecting the confidentiality of the investigation.

The Office of the Special Rapporteur for Freedom of Expression remains at the disposal of the States to provide technical assistance in the development of methodologies for recording intermediate proceedings and in the construction of a public tool. To the extent that it is updated periodically, this registry will strengthen accountability and guarantee the right of victims, their families, and citizens to know how the authorities conduct themselves in investigations into crimes against journalists.

• To access the full report click here(Available in Spanish)

The Office of the Special Rapporteur for Freedom of Expression (SRFOE) is an office created by the Inter-American Commission on Human Rights (IACHR) to encourage the hemispheric defense of the right to freedom of thought and expression, considering its fundamental role in the consolidation and development of the democratic system.

R223/25.