91.
Based on the above, the II Criminal Court Representative filed a motion for reconsideration
of the judgments of the Single Criminal Court of the Specialized Circuit of Neiva and the Superior Court for the
Judicial District of Neiva, which had acquitted the defendants of the murder of journalist Nelson Carvajal
Carvajal.83 The Assistant Prosecutor asserted that “subsequent to the acquittal, new evidence arose that was
not known at the time of trial, and which implicates the acquitted defendants, to wit: the statement given by
Pablo Emilio Bonilla Betancurt (supra para. 88); and the supplemental affidavit provided on August 25 of the
same year by Judith Carvajal Carvajal.” 84 She also referred to the IACHR’s Admissibility Report 559/2002 in
this matter.
92.
On April 1, 2009 the Supreme Court declined to hear the motion for reconsideration, as
“neither the new evidence—which served as the basis for the National Human Rights and International
Humanitarian Law Unit to order pretrial detention measures against the then-president of the departmental
legislature of Huila on September 4, 2008 for the murder of Nelson Carvajal Carvajal—nor the admissibility of
petition 559/2002 on October 13, 2004 satisf[ied] the ‘verification’ requirement referred to in Constitutional
Court in Judgment C-004 of 2003.”85 With respect to the Admissibility Report, the Court explained that
circumstance will be given the appropriate consideration by this Court at the time of its final outcome.”86
93.
Based on the Supreme Court’s decision, on September 25, 2009, the Prosecutor’s Office
decided to close the investigation against the then-president of the departmental legislature of Huila and
ordered the investigation against him shelved.87
94.
The record in this case reflects that the Office of the Prosecutor also implicated alias
“Oswaldo Patiño,” in the offenses of rebellion and murder, as well as alias “el Corcho,” both of whom were
alleged members of the FARC. The Office of the Prosecutor subsequently issued warrants for their arrest. In
order 0-2067 dated September 7, 2010, the Prosecutor General of Colombia changed the assignment and
appointed a prosecutor from the Human Rights Unit. The Unit took over the case on November 5, 2010, and
on February 21, 2011 it ordered the examination of the evidence. By July 23, 2013, three reports had
reportedly been received from the Judicial Police. According to the most recent information provided by the
State, alias “Oswaldo Patiño” and alias “el Corcho” have reportedly been implicated in the investigation. 88 The
State did not provide further information on the progress of this inquiry.
5.
Disciplinary Investigation before the Judicial Council
95.
On November 24, 2006, Diana Calderon, representative of the petitioner (AIP) sent
information to the Disciplinary Chamber of the Judicial Council citing irregularities allegedly committed by
the judicial authorities who handled the criminal case in Nelson Carvajal Carvajal’s murder (the 22nd District
Prosecutor of Pitalito and the Single Criminal Judge of the Specialized Circuit of Neiva). These alleged
irregularities included failing to take necessary measures to preserve evidence at the crime scene; refusing to
provide protection to some witnesses who did not want to testify out of fear; not taking statements from
83 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.
84 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.
85 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.
86 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.
87 Attachment 26. Office of the Prosecutor General. Prosecutor 101 of the National Human Rights and International
Humanitarian Law Unit. July 23, 2013. Attachment to the petitioner’s communication dated August 12, 2013.
88 Attachment 26. Office of the Prosecutor General. Prosecutor 101 of the National Human Rights and International
Humanitarian Law Unit. July 23, 2013. Attachment to the petitioner’s communication dated August 12, 2013.