60.
During the pretrial phase of the criminal proceeding and at trial, at least four (4) working
theories were proposed regarding the possible masterminds and motives for the crime against Mr. Carvajal
Carvajal: (a) the mayor of Pitalito and others as masterminds; (b) a businessman and former town
councilmember and others as masterminds; (c) the Revolutionary Armed Forces (FARC) as masterminds; and
(d) members of a criminal gang led by alias “Gallina” as masterminds.
a.
The then-mayor and others as masterminds
61.
During the investigation, the authorities handling the case worked with the theory that the
then-mayor of Pitalito, Ramiro Falla, had masterminded the crime. According to the January 18, 1999 report
by the Regional Prosecutor’s Office (supra para. 49), weeks prior to his murder, Carvajal had reportedly
denounced irregularities in the purchase of a piece of land called El Topacio by Pitalito’s Mayor. This land was
reportedly meant to be used for the construction of an environmental park.40 On April 17, 1998, the day after
he was killed, Carvajal was supposed to give a statement to the Municipal Ombudsman concerning his
reporting on these events.
62.
According to witness statements, the mayor was annoyed by Carvajal’s reporting. Fernando
Augusto Carvajal Carvajal, the journalist’s brother, indicated in his statement that he ran into the mayor of
Pitalito, on the street in January 1998, and that he told him, “Say hello to that son-of-a-bitch brother of yours,
Nelson. Tell him that’s from Ramiro Falla.”41 According to the January 1999 report of the Prosecutor’s Office, a
member of the Pitalito town council said in his statement that the phone calls Nelson Carvajal had been
receiving were to get him to keep quiet, since they knew that Carvajal was scheduled to give a statement to
the Ombudsman regarding irregularities in the purchase of El Topacio.42 According to the report of the
Technical Investigations Unit, the “Municipal Ombudsman of Pitalito had summoned Nelson Carvajal to
appear on April 16, 1998, but Nelson called the Office of the Ombudsman’s Secretary on the evening of April
15 to say that he would not be able to appear at the scheduled time because he was working, and that he
would go on the morning of Friday the 17th. According to the information provided by the Office of the
Ombudsman, the scheduled proceeding was pursuant to a writ issued by the 5th Departmental Office of the
Prosecutor of Huila, dated March 18, 1998, to take statements from the deceased and from journalists Manuel
Castro Tovar and Rafael Chaux Carvajal concerning the purchase of the El Topacio property by the prior
municipal government, which was going to be used for a recreational center.”43
63.
In addition, in a supplemental statement, Judith Carvajal Carvajal indicated that an individual
who identified himself as a member of the guerrilla told her that he knew of a meeting attended by the mayor
and other individuals. The alleged guerrilla member told her that “they planned Nelson’s death at that
meeting, and split the total amount they were going to pay the hit men.”44
64.
As previously explained, the investigation against the former mayor of Pitalito was closed in
1999. Nevertheless, the case file reflects that during the investigation conducted in 2006 a witness who was a
40 Attachment 1. Order of the 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, p. 2.
41 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.
42 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.
43 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.
44 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.