B. Legal proceedings 1. Pretrial Phase of the Criminal Proceeding (Case 33.744) 42. On April 16, 1998, following Nelson Carvajal Carvajal’s murder, a deputy police officer reported to the scene of the crime12 and the corpse removal group from the Technical Investigations Unit (hereinafter “TIU”) of the Prosecutor’s Office reported to the scene to conduct the judicial inspection of the body.13 The corpse inspection certificate was issued on the same day, “with the respective description and the dactyloscpic search”14. 43. According to the report of the Regional Prosecutor of 18 January 1999 (infra para. 49) a Judicial Inspection was carried out on the site of the events with the presence of experts and witnesses. The inspection was accompanied by an album of photos and fingerprint review. Also, the report referred to photographs taken at the site of the facts and to the corpse of Nelson Carvajal by the office by Criminalistics Section Pitalito, Huila. The report also indicated that the autopsy report made by the South Regional Unit of the Institute of Legal Medicine found "probable cause of death was homicide"15. The Commission does not have copies of the above actions. 44. On April 17, 1998, the TIU drafted a report addressed to the Office of the Joint Secretary of The Offices of the Public Prosecutor assigned to the Criminal Courts of the Pitalito Circuit, Huila. That report indicated that an individual witnessed the events and identified the alleged direct perpetrator by the alias of “Bermúdez.” The report stated that the investigators were able to identify Carlos Correa as the alleged direct perpetrator. 45. That same day, the investigation was assigned to the 22nd District Office of the Public Prosecutor assigned to the Criminal Courts of the Pitalito Circuit (hereinafter “22nd District Office of the Public Prosecutor”). Based on the TIU’s report and the corpse inspection certificate, that Prosecutor’s Office formally opened a criminal investigation against Correa.16 A number of steps were taken under the responsibility of the 22nd District Office of the Public Prosecutor during the first week after the journalist’s murder, including the taking of witness statements and the identification of suspects in a lineup. The case file, states that two eyewitnesses to Nelson Carvajal’s murder, whose identities were protected, identified Correa in the lineup as the direct perpetrator.17 12 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. 13 Attachment 10. Technical Investigations Unit. Investigative Unit. Pitalito Huila. Report No. 388. Reference: Corpse Inspection Certificate of Nelson Carvajal Carvajal Certificate No. 042. April 17, 1998. Attachment to the petitioner’s communication of August 25, 2005. 14 Attachment 9. Office of the Prosecutor General. Judicial Police. Huila District. Corpse Inspection Certificate. Number 042. April 16, 1998. Attachment to the petitioner’s communication of August 25, 2005; 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. 15 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. 16 Attachment 9. Office of the Prosecutor General. Judicial Police. Huila District. Corpse Inspection Certificate. Number 042. April 16, 1998. Attachment to the petitioner’s communication of August 25, 2005; Attachment 10. Technical Investigations Unit. Investigative Unit. Pitalito Huila. Report No. 388. Reference: Corpse Inspection Certificate of Nelson Carvajal Carvajal Certificate No. 042. April 17, 1998. Attachment to the petitioner’s communication of August 25, 2005; 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. 17 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.