unpunished. The IACHR underscores that the impunity that plagues these types of cases has devastating
effects on the local practice of journalism and on freedom of expression. More than sixteen years after his
death, the absence of concrete actions sends a strong message of inhibition and self-censorship to any other
journalist who confronts regional political and economic power. In the end, this deprives an entire
community of information and opportunities for the oversight of government administration, preventing it
from exercising its right to seek, receive, and disseminate ideas and information.
186.
For all of the above reasons, the IACHR concludes that the State has violated the rights to a
fair trial and to judicial protection established in Articles 8 and 25 of the American Convention, in conjunction
with Articles 1(1) and 13 thereof, with respect to the relatives of the victim. Based on the case file, the
Commission finds that those relatives are: Jairo Carvajal Cabrera, Ana Francisca Carvajal de Carvajal (father
and mother); Paola Andrea Carvajal Bolaños, María Alejandra Carvajal Bolaños, Yaneth Cristina Carvajal
Ardila (daughters); Luz Stella Bolaños Rodríguez (spouse); Judith Carvajal Carvajal, Gloria Mercedes Carvajal
Carvajal, Ruth Dary Carvajal Carvajal, Luz Eny Carvajal Carvajal, Miriam Carvajal Carvajal, Fernando Augusto
Carvajal Carvajal, Saúl Carvajal Carvajal (siblings); Cristhian Camilo Motta Carvajal, César Augusto Meneses
Carvajal (nephews).
187.
With respect to Nelson Carvajal Carvajal’s right to life and freedom of expression, the IACHR
observes that, more than 16 years after his murder, the investigations and criminal proceedings undertaken
at the national level have not resulted in the identification of the individual perpetrators. However, in the case
file, there is circumstancial evidence that supports the involvement of state agents in the events. Indeed, since
the occurrence of the events and according to the evidence gathered, it was clear that the murder of Nelson
Carvajal Carvajal was perpetrated to silence his work in revealing ilicit acts by public officials.
188.
Since the beginning of the investigation, witnesses noted the responsibility of local
government officials and former officials as potential masterminds of the murder of Nelson Carvajal Carvajal.
Evidence shows that Carvajal planned to make a statement the day after his death, at the Municipal Attorney
Office about facts alleged in his radio program on municipal corruption linking the mayor of Pitalito and a
coalition of the City Council. Witnesses said that before his death the journalist Nelson Carvajal received
death threats by a former council member of Pitalito. Similarly, as is clear from the record, after the crime
actions to hinder the administration of justice through threats against witnesses and other acts to divert the
investigation took place, creating a climate of fear in the population of Pitalito that persisted during
development of trials and increased with the taking of new evidence. Specifically, a witnessed demobilized
from the FARC was killed after saying to a specialized prosecutor that among those responsible for the
murder of Nelson Carvajal were local officials and former local officials. Several people connected to the case
as witnesses or threatened relatives reported that officers and former officers linked with the government as
responsible for the threats. Due to the lack of specific and effective protection and investigation measures
against these threats and intimidation, nine relatives of Nelson Carvajal were forced to leave the country.
189.
Given the strong evidence also handled by state authorities responsible for the investigation,
the IACHR considers that the State's response has been inadequate to investigate and to protect witnesses
and relatives of Nelson Carvajal in their quest for justice. It is because of these deficiencies that it has not been
possible to judicially established the facts and the respective criminal responsibilities. The Commission
considers that all these circumstancial evidence regarding the involvement and tolerance of state authorities
in the murder of Nelson Carvajal Carvajal are sufficient in the context of this case to establish a violation of
the right to life, under article 4(1) of the American Convention. 169
190.
As the Inter-American Court has held, to conclude otherwise would mean allowing the State
to avail itself of the negligence and ineffectiveness of the criminal investigation in order to avoid its
169 I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009. Series C No.
196. Para. 97.