REPORT No. 21/15 CASE 12.462 MERITS NELSON CARVAJAL CARVAJAL AND FAMILY COLOMBIA MARCH 26, 2015 I. SUMMARY 1. On June 21, 2002, the Inter-American Commission on Human Rights (hereinafter “the InterAmerican Commission” or “the IACHR”) received a petition from the Inter American Press Association (hereinafter “the IAPA,” or “the petitioner”) against the Republic of Colombia (hereinafter “Colombia” or “the State”) concerning the murder of journalist Nelson Carvajal Carvajal (hereinafter also “the alleged victim”). 2. According to the petitioner, on April 6, 1998 journalist Nelson Carvajal Carvajal was murdered for reasons related to the practice of his profession. The petitioner alleged that the State failed to comply with its duty to guarantee the rights of the alleged victim and to act with due diligence to investigate, prosecute, and if appropriate, punish the perpetrators of the journalist’s murder. It stated that the investigations conducted were plagued by irregularities, as well as threats and attempts on the lives of witnesses, justice system officials, and relatives of Carvajal Carvajal, and that there was therefore a denial of justice. It stated that nine of the victim’s relatives had to leave the country because of those threats. In this regard, it alleged that the State violated the rights to life, a fair trial, freedom of thought and expression, and judicial protection, enshrined at Articles 4, 8, 13, and 25 of the American Convention on Human Rights (hereinafter the “Convention” or the “American Convention”), in conjunction with the general obligation to respect the rights provided for in Article 1(1) thereof, to the detriment of Carvajal Carvajal and his relatives. 3. The State argued that it is not internationally responsible for the death of Nelson Carvajal Carvajal, as it has not been proven that state agents were involved in the murder. The State indicated that the domestic proceedings did not determine with certainty that Carvajal’s murder was related to the practice of his profession and that his death does not automatically amount to a violation of freedom of expression. With regard to this right, the State maintained that neither the journalist’s right to express his opinions nor the results of his journalistic investigations were restricted, and that he was able to exchange ideas and opinions with his colleagues and with the community. The Colombian State asserted that it met the obligations derived from Articles 8 and 25 of the Convention, because the criminal investigation was conducted seriously, with a view to establishing the facts and identifying, prosecuting, and punishing the perpetrators of an act it considered extremely complex. 4. On October 13, 2004, the IACHR approved Report No. 54/04 declaring the admissibility of the petition in relation to Articles 4 (right to life), 8 (right to a fair trial), 13 (freedom of thought and expression), and 25 (judicial protection), of the American Convention, in conjunction with Article 1(1) thereof. 5. Upon examining the merits of the case, the Commission concluded that the State is responsible for the violation of the rights enshrined in Article 4 (right to life) and Article 13 (right to freedom of thought and expression) of the American Convention, in relation to article 1(1) of the treaty, to the detriment of Mr. Nelson Carvajal Carvajal, as well as of Articles 5 (right to humane treatment), 8 (the right to a fair trial), 22 (freedom of movement and residence), and 25 (judicial protection) of the Convention, to the detriment of his relatives, in relation to the obligation to guarantee the rights enshrined in Articles 1(1) and 13(1) of the American Convention.