demobilized FARC combatant (infra para. 55) told a Special Prosecutor that the masterminds behind Nelson Carvajal Carvajal’s murder included the mayor and a local businessman.45 b. A businessman and former member of the town council and others as masterminds 65. According to the January 18, 1999 report of the Regional Prosecutor’s Office, weeks before his murder, Carvajal had exposed structural irregularities by the builder and former member of the town council46 Fernando Bermúdez in the construction of a housing development in Pitalito known as “Las Acacias.” The alleged irregularities on the part of the builder and former town council member led to the release of a statement by the housing development’s community Board of Directors. The director of the program “Momento Regional,” where Mr. Carvajal worked, stated in his affidavit that he had knowledge of Nelson Carvajal’s criticism of the irregularities in the management of the local government and of the complaints about the housing developments built by Fernando Bermúdez. He indicated that the news program “was not trying to do harm to anyone, but rather to warn the public about anomalies that had arisen with respect to the builders, [and] with respect to the council member, his eagerness to allocate funds to himself from the Municipal budget—things that should not have been done.”47 66. During the pretrial phase of the criminal proceeding several individuals stated that journalist Nelson Carvajal had received threats from the builder. For example, one former member of the Pitalito town council stated that Carvajal once told him that Bermúdez was going to try to kill him.48 Judith Carvajal Carvajal, Nelson Carvajal’s sister, indicated in her supplemental affidavit that “approximately two (02) months prior to Nelson’s murder I was with him in the doorway of the house when Bermúdez and [Marco Collazos] pulled up in a car and called Nelson. He approached them and then Bermúdez spoke to him very harshly, saying, son-of-a-bitch, we’ll kill you, and then they took off in the car.” Judith Carvajal stated that when she asked her brother if he knew the reasons for what had happened, he told her that it was because of “problems with the information in the news, but that [he] had to tell the truth.” She also stated that Nelson told her that one of the builder’s bodyguards called him to a meeting with the guerrillas. According to Judith Carvajal, Nelson Carvajal said that he knew it was not the guerrillas who wanted to meet with him, but that it was the builder, since “he was very angry with him,” and that he had no trouble with the guerrillas and therefore was not going to attend that meeting.49 Luz Stella Bolaños Rodríguez, Nelson Carvajal’s wife, stated in her supplemental affidavit that Nelson once told her that Bermúdez was going to “shut him up.”50 In addition, a former member of congress and resident of Pitalito Huila, indicated in his statement that “in the days prior to his death, [Nelson] told me, with great concern and clear distress, that he had run into Mr. Fernando Bermúdez at the opening ceremony for some public works at a school—the name of which I do not recall—and that he had called him aside and said, ‘Son-of-a-bitch, I’m going to have you killed.’”51 45 Attachment 27. Supreme Court of Justice. Criminal Cassation Division. Case No. 30689. April 1, 2009. Attachment to the petitioner’s communication of May 13, 2009. 46 According to Fernando Bermúdez’s testimony in a public hearing, he was a member of the Pitalito town council for 3 consecutive terms, from 1990 to 1998, and in 1998 he was elected to the Chamber for the 98-2002 term. Attachment 18. Criminal Court of the Specialized Circuit of Neiva, Huila. Public trial proceedings 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. Attachment to the petitioner’s communication of August 25, 2005. 47 Attachment 19. Office of the Prosecutor General. Statement of Manuel Antonio Castro Tovar. July 16, 1999. p. 1. Attachment to the petitioner’s communication of August 25, 2005. 48 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. 49 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. p. 1-2. Attachment to the petitioner’s communication of August 25, 2005. 50 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. 51 Attachment 24. Office of the Prosecutor General. District Unit. Technical Investigations Unit Pitalito. Statement of Dr. Héctor Polonia Sánchez. Pitalito, Huila. August 27, 1999. p.2. Attachment to the petitioner’s communication of August 25, 2005.

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