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Press Release
Special Rapporteurship for Freedom of Expression
Washington, DC— On the International Day to End Impunity for Crimes Against Journalists, the Office of the Special Rapporteur for Freedom of Expression (SRFOE) of the Inter-American Commission on Human Rights (IACHR) publishes its “Practical Guide: Registering Intermediate Actions: A Strategy to Monitor the Progress of Criminal Investigations of Crimes Against Journalists,” which aims to promote transparency in State investigative activities and to contribute to the fight against impunity in cases of violence against the press.
The Americas continues to be one of the most violent and deadly 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 Human Rights System has repeatedly affirmed States’ duty to conduct prompt, thorough, and diligent investigations. However, the Office of the Special Rapporteur observes that, due to the way investigations are often conducted, they may remain opaque for years, until a stage of judicialization becomes public. This reflects persistent challenges related to transparency and to the documentation of the intermediate actions that take place between the commission of a crime and its prosecution.
The consequences of limited access to information extend beyond the rights of victims and their families and affect the Inter-American society as a whole. Without access to information, citizens may not know— or may even forget—whether investigations and proceedings are advancing. This lack of transparency also creates gaps that hinder evaluation of whether intermediate actions are being carried out in a timely, independent, serious, and thorough manner, including with respect to victim assistance and comprehensive reparations.
The Office recognizes that the confidentiality of case files is an important tool for the proper administration of justice. However, it is also possible to ensure a certain level of transparency without compromising the confidential nature of investigations, as long as the information disclosed does not reveal details about investigative strategies, evidentiary elements related to the clarification of the facts, or findings regarding alleged intellectual authors, perpetrators, accomplices, or accessories after the fact.
To address these challenges while promoting transparency, the Office of the Special Rapporteur encourages States to develop systems for logging intermediate actions, making it possible to identify the means, methods, and activities carried out from the moment a crime is reported through the conclusion of the preliminary or investigative phase.
The Practical Guide identifies five key categories: (i) the legal instruments and institutional framework provided by the State to conduct investigations; (ii) criteria for assessing the formality and completeness of investigative actions; (iii) the incorporation of the victim’s journalistic work into the lines of investigation; (iv) measures adopted by investigative teams to facilitate the participation of victims and/or their representatives; and (v) actions taken to initiate judicial proceedings based on the investigation. In its annex, the Guide proposes a set of indicators within each category that could be made public without affecting the confidentiality of investigations.
The Office of the Special Rapporteur for Freedom of Expression remains available to provide technical assistance to States in developing methodologies for documenting intermediate actions and in creating public tools for this purpose. If periodically updated, such registries can strengthen accountability and guarantee the right of victims, their families, and the public to know how authorities are conducting investigations into crimes against journalists.
The Office of the Special Rapporteur for Freedom of Expression is an office created by the Inter-American Commission on Human Rights (IACHR) to promote the hemispheric defense of the right to freedom of thought and expression, in light of its fundamental role in the consolidation and development of the democratic system.
No. 223/25
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