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.