“’Guillermo, man, get your act together, don’t mess with us unless you want what happened to Nelson to
happen to you. This is the 13th Front of the FARC.’” The judgment stated that “the journalist asked the caller
what he was talking about, and the caller told him, ‘knock off this bullshit of interviewing those sons-of-abitches members of the military, don’t be screwing around and going to the Magdalena Battalion all the time
to suck up to them like Nelson used to. That son-of-a-bitch radio station supports the paramilitaries and it
speaks for the military.’” 64
76.
As stated in the judgment of the Single Criminal Court of the Specialized Circuit, the
November 2, 1999 order lifting the pretrial detention measures imposed against the mayor stated as follows:
“the possibility that the perpetrators of journalist Nelson Carvajal Carvajal’s murder may have been members
of the guerrilla group that calls itself the Revolutionary Armed Forces of Colombia cannot be ruled out, as the
radio station was the victim of attacks by the guerrillas as noted in the statement given by Jorge Parra Ortiz
(See p. 333, File No. 5), and Orlando Gómez Valderrama, kidnapped by the 13th [Front] of the FARC (he stated
that the commander alias “Edgar” told him that they were responsible for the death of journalist Nelson
Carvajal, see p. 25, File No. 20).”65
77.
With regard to the possibility that the crime was committed by FARC guerrillas, Judith
Carvajal Carvajal indicated in her supplemental statement that a person who self-identified as a member of
the guerrilla group told her that that group had not killed her brother Nelson Carvajal.66
78.
According to the information provided by the State, as of the date of issue of this report, this
theory continues to be investigated by the authorities handling the case (infra para.94), but has yielded no
specific results.
d.
Perpetration by the criminal gang led by alias “Gallina”
79.
The Special Prosecutor affirmed at trial that witness statements indicated that “the murder
could have been perpetrated by members of a gang of common criminals led by alias Gallina.”67 The
Colombian State transcribed a communication from the Office of the Prosecutor indicating that this theory “of
minor importance” was considered and later ruled out.68
3.
Trial of a local businessman and others before the Criminal Court of the Specialized
Circuit of Neiva
80.
As previously stated, on January 17, 2000, the Office of the Public Prosecutor assigned to the
Specialized Criminal Judges of the Circuit evaluated the evidence produced during the investigation and
brought criminal charges against three individuals, including a local businessman and former member of the
town council, for the murder of journalist Nelson Carvajal Carvajal.
81.
On November 29, 2000, public trial proceedings were held in the Single Criminal Court of the
Specialized Circuit of Neiva, which had jurisdiction over the case. The Court handed down its judgment on
64 Attachment 3. Single Criminal Court of the Specialized Circuit. Neiva, Huila. Judgment of December 15, 2000. p. 38.
Attachment to the petitioner’s communication dated October 17, 2002.
65 Attachment 3. Single Criminal Court of the Specialized Circuit. Neiva, Huila. Judgment of December 15, 2000. p. 15
Attachment to the petitioner’s communication dated October 17, 2002.
66 Attachment 2. Office of the Prosecutor General. Technical Investigations Unit. Regional Crimes Group. Supplemental Affidavit
provided by Judith Carvajal Carvajal in Case File No. 33.744. July 29, 1999. Attachment to the petitioner’s communication of August 25,
2005.
67 Attachment 18. Criminal Court of the Specialized Circuit of Neiva, Huila. Public trial proceedings in Case No. 2000-0090.
Prosecution of Fernando Bermúdez Ardila, Víctor Félix Trujillo, and Alfaro Quintero Alvarado, for the offense of murder. Hearing No. 047.
November 29, 2000. p. 19. Attachment to the petitioner’s communication of August 25, 2005.
68
2003.
Communication from the Colombian State dated August 15, 2003. DDH.22027, pp. 5-6. Received by the IACHR on August 19,