Courtesy of the Supreme Court of Justice.
Miami (August 19, 2025) – The Inter American Press Association (IAPA) celebrated the recent ruling by Colombia’s Supreme Court of Justice (CSJ) in the case of the murder of journalist Luis Antonio Peralta Cuéllar, establishing for the first time that crimes against journalists must be investigated, prosecuted, and punished with a differential approach.
The ruling, issued on August 6 and made public on August 14, recognizes the heightened risks faced by those who practice journalism and instructs judges and prosecutors to incorporate a censorship perspective. This includes analyzing the context of attacks, identifying historical patterns of violence against the press, and comprehensively assessing evidence, including circumstantial indicators.
The court reaffirmed the 2018 sentence of 58 years in prison for Yean Arlex Buenaventura Barreto, the perpetrator of the murder of Peralta Cuéllar and his wife in 2015 and reinstated the aggravating factor that the crime was motivated by his journalistic work.
The Court concluded that Peralta, director of the radio station Linda Estéreo, was killed because of his reporting on corruption and his role in holding local power accountable. He had previously received threats, survived an attempted bombing in 2011, and was again intimidated during the 2015 election period.
In its ruling, the Supreme Court emphasized that "judicial officials must recognize the historical and cyclical criminal pattern of attacks against journalists and incorporate a censorship perspective in investigative and judicial decisions," as stated by presiding Justice José Joaquín Urbano Martínez. It further noted that such crimes go beyond individual harm and directly impact democracy by restricting the flow of information and society’s collective right to be informed.
The Supreme Court’s Criminal Cassation Chamber ruled on an appeal filed by the victims’ son after the Florencia High Court held in 2021 that not every journalist’s murder is linked to their profession. That court removed the aggravating factor, reclassified the crime as simple homicide, and reduced the sentence.
The IAPA President José Roberto Dutriz, CEO and general director of La Prensa Gráfica of El Salvador, stated: “Although the ruling addresses a specific case, it sets a key precedent for other proceedings. By confirming that Peralta Cuéllar’s murder was driven by his journalistic work, the Supreme Court reinforces the idea that journalists are attacked because of their profession. This decision can guide future investigations and trials, forcing authorities to conduct thorough and contextualized inquiries.”
Martha Ramos, Chair of the IAPA’s Committee on Freedom of the Press and Information and editorial director of Organización Editorial Mexicana (OEM), added: “This ruling is a groundbreaking step in a country where most crimes against journalists remain unpunished. The Supreme Court’s decision sets a precedent that strengthens the protection of media workers and guarantees press freedom.”
The Colombian Supreme Court acknowledged that journalists face heightened risks due to the country’s historical context of violence and polarization, granting them reinforced constitutional protection. The Court noted that crimes against the press do not occur in isolation but are part of a systematic pattern of aggression: the journalist exercises social oversight, receives threats aimed at inducing self-censorship, is monitored by criminal groups, and in many cases, is ultimately kidnapped, tortured, displaced, or murdered.
This cycle of violence, the ruling adds, has been documented by international organizations such as the UN and OAS, as well as by Colombia’s high courts in cases like Carvajal Carvajal and Bedoya Lima. These precedents have led the Penal Code to specifically aggravate crimes against journalists — including threats, kidnapping, torture, forced displacement, and homicide. The decision underscores that crimes against the press must be investigated with a differential approach that considers this structural context of repression and impunity.
The Foundation for Press Freedom (FLIP in Spanish) also hailed the ruling as “a milestone in the fight against impunity in attacks on the press,” emphasizing that journalist killings are part of a historical pattern of violence and censorship that must be recognized and addressed by state institutions.
The IAPA is a non-profit organization dedicated to defending and promoting freedom of the press and expression in the Americas. It comprises more than 1,300 publications from the western hemisphere and is based in Miami, Florida, United States.