37.
The Commission reiterates that the purpose of this report is to examine the alleged
international responsibility of the State for the violation of rights enshrined in the American Convention. In
this regard, the Inter-American Court has explained repeatedly that “The objective of international human
rights law is not to punish those individuals who are guilty of violations, but rather to protect the victims and
to provide for the reparation of damages resulting from the acts of the States responsible.”7
A.
The murder of Nelson Carvajal Carvajal
38.
On April 16, 1998, Mr. Carvajal Carvajal was murdered as he was leaving the Los Pinos
School. According to the case file, a man shot Carvajal Carvajal seven times and then escaped on a motorcycle
with another man who was waiting for him.8
39.
Nelson Carvajal Carvajal was the director of the news program “Momento Regional” and the
radio magazine programs “Mirador de la Semana,” “Amanecer en el Campo,” and “Tribuna Médica” of the
Radio Sur radio station in the municipality of Pitalito, department of Huila. He reported on issues of local
interest, particularly on irregularities in the management of public funds, allegations of corruption, and the
laundering of money from drug trafficking in the area.9
40.
In addition to his journalistic work, Mr. Carvajal was a teacher and the principal of the Los
Pinos School10 and also served on the Pitalito town council during the 1992-1994 and 1995-1997 terms.11
41.
As stated in the case file, Nelson Carvajal Carvajal was married to Luz Stella Bolaños
Rodríguez and had three daughters: Paola Andrea Carvajal Bolaños, María Alejandra Carvajal Bolaños, and
Yaneth Cristina Carvajal Ardila. He had five sisters: Judith, Gloria Mercedes, Ruth Dary, Luz Eny, and Miriam
Carvajal Carvajal; and two brothers, Fernando Augusto and Saúl Carvajal Carvajal; as well as two nephews,
Cristhian Camilo Motta Carvajal and César Augusto Meneses Carvajal. His father was Jairo Carvajal Cabrera,
and his mother was Ana Francisca Carvajal de Carvajal.
[… continuation]
Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 21,
2007. Series C No. 170, para. 154.
7 I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4. Para. 134; Case of
Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35. Para. 37; Case of Boyce et al. v. Barbados. Preliminary
Objection, Merits, Reparations and Costs. Judgment of November 20, 2007. Series C No. 169. Footnote 37; Case of Yvon Neptune v. Haiti.
Merits, Reparations and Costs. Judgment of May 6, 2008. Series C No. 180. Para. 37.
8 Attachment 3. Single Criminal Court of the Specialized Circuit. Neiva, Huila. Judgment of December 15, 2000. Attachment to
the petitioner’s communication of October 17, 2002; Attachment 4. Superior Court for the Judicial District. Criminal Judgment Division.
Judgment of April 6, 2001. Attachment to the petitioner’s communication of October 17, 2002; Attachment 25. Office of the Prosecutor
General. Supplemental statement of Mrs. Carmenza Raigosa Raigosa. August 9, 1999. Attachment to the petitioner’s communication of
August 25, 2005; Attachment 22. Regional Prosecutor’s Office Terrorism Unit. Santa Fe de Bogotá. Statement of Mr. Luis Alberto España
Rojas. May 6, 1998. Attachment to the petitioner’s communication of August 25, 2005.
9 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. p. 1. Attachment to the petitioner’s communication of August 25, 2005;
Attachment 16. Office of the Prosecutor General. Regional Office of the Public Prosecutor. Intake Section. Supplemental affidavit. Rafael
Hernando Chaux Carvajal. April 12, 1999. p 2. Attachment to the petitioner’s communication of August 25, 2005; 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.
10 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.
11 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.