[FARC].”32 Two of the alleged masterminds were granted pretrial release on December 10, 1999 and January
6, 2000.33
56.
On January 17, 2000, the Regional Prosecutor’s Office evaluated the evidence produced
during investigation and issued an indictment against a businessman as alleged mastermind, and two
individuals as perpetrators. In addition, it revoked the pretrial release granted and closed the investigation
against the former mayor of Pitalito.34
2.
Theories of investigation on the masterminds and motives for Nelson Carvajal
Carvajal’s murder
57.
At the beginning of the pretrial phase of the criminal proceeding, the 22nd District Office of
the Public Prosecutor indicated that “from what has been outlined thus far, we can infer that the murder of
journalist and educator Nelson Carvajal Carvajal was because of, or for reasons relating to, his profession,
especially given the type of exposé reporting he did”35 (supra para. 46). The Regional Prosecutor’s Office cane
to the same conclusion based on “the intelligence reports, direct and confidential witness statements, and
documentary evidence” gathered during the pretrial phase of the criminal proceeding (supra para. 49).
58.
Indeed, according to the statements provided by various witnesses during the investigation
conducted in this case, prior to his death, Carvajal Carvajal had reported on corruption in local politics and
was working on a report about money laundering related to arms and drug trafficking in the area. Witnesses
also said that Carvajal had a meeting scheduled for the day after his death with the Municipal Ombudsman in
order to give a statement on acts of municipal government corruption reported on his radio program.
59.
According to the statement given by a coworker from the Radio Sur radio station, Carvajal’s
murder “was on account of his journalistic work, as the public figures who have committed irregularities
against the interests of the municipality viewed him as an obstacle.”36 The journalist’s sister Judith Carvajal
stated in her affidavit with respect for the motives for her brother’s murder that she believed “it all stems
from Nelson’s work as a journalist, because he denounced corruption. It turned out that when Nelson began
serving on the town council he started realizing a lot of things that were not okay, and also a lot of people
looked to him for support to be able to denounce things and make them public.”37 In this same regard,
Carvajal’s brother stated in his affidavit that he believed that Nelson’s death was a result of his journalistic
work, especially because of the criticism he leveled.38 A member of the Pitalito town council gave a statement
indicating that “Nelson had a lot of problems because of his work as a journalist, because he exposed
irregularities committed by the government led by the mayor […] and by the Council’s majority coalition.”39
32 Attachment 18. Criminal Court of the Specialized Circuit of Neiva, Huila. Public hearing 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. 31. Attachment to the petitioner’s communication of August 25, 2005.
33 Attachment 4. Superior Court for the Judicial District. Criminal Judgment Division. Judgment of April 6, 2001. p. 4.
Attachment to the petitioner’s communication of October 17, 2002.
34 Attachment 4. Superior Court for the Judicial District. Criminal Judgment Division. Judgment of April 6, 2001. pp. 4-5.
Attachment to the petitioner’s communication of October 17, 2002.
35 Attachment 11. Office of the Prosecutor General. 22nd District Office of the Public Prosecutor assigned to the Criminal Courts
of the Pitalito Circuit, Huila. April 21, 1998. Attachment to the petitioner’s communication of August 25, 2005.
36 Attachment 1. Office of the Prosecutor General. Regional Office of the Public Prosecutor Special Terrorism Unit. Case 33.744.
COD. -210-209. Santafé de Bogotá D.C. January 18, 1999. Attachment to the petitioner’s communication of August 25, 2005.
37 Attachment 12. 22nd Office of the Prosecutor assigned to the Criminal Courts of the Pitalito Circuit. Statement of Judith
Carvajal Carvajal. April 28, 1998. p. 1. Attachment to the petitioner’s communication of August 25, 2005.
38 Attachment 1. Office of the Prosecutor General. Regional Office of the Public Prosecutor Special Terrorism Unit. Case 33.744.
COD. -210-209. Santafé de Bogotá D.C. January 18, 1999. Attachment to the petitioner��s communication of August 25, 2005.
39 Attachment 1. Office of the Prosecutor General. Regional Office of the Public Prosecutor Special Terrorism Unit. Case 33.744.
COD. -210-209. Santafé de Bogotá D.C. January 18, 1999. Attachment to the petitioner’s communication of August 25, 2005.