individuals who had knowledge of the events; failing to examine different theories on the motives for the
crime, and allowing a breach of confidentiality by the attorneys involved in the investigation.89
96.
On December 7, 2007 the Huila District Office of the Judicial Council issued an order stating
that the disciplinary action against the 22nd District Prosecutor of Pitalito and the Single Criminal Judge of the
Specialized Circuit of Neiva for the alleged irregularities was barred by statute of limitations. It stated that
more than five years had elapsed from the time the trial court’s decision had become final, and therefore the
disciplinary action was time-barred pursuant to Article 34 of Law 200 of 1995.90
C.
Threats to Nelson Carvajal Carvajal’s relatives and witnesses in the case
97.
The investigation and criminal proceedings following the journalist’s murder were marked
by a climate of fear among the residents of Pitalito and by threats and acts of intimidation directed at relatives
of Nelson Carvajal Carvajal and witnesses.
98.
Judith Carvajal stated that just days after Nelson Carvajal’s death, she received a call at her
home in Pitalito from someone who threatened her and warned that if she kept messing with “them” she
would end up like her brother. Judith Carvajal attributed the call to the then-mayor of Pitalito, as she was
familiar with the “tone of his voice from having received several work-related calls from him.” On both
occasions, Judith Carvajal also stated that during her brother’s burial service on April 18, 1998, she gave a
speech before the group of people assembled at the San Antonio Pitalito temple, saying, “We don’t want the
Fallas construction company for Pitalito.” Ramiro Falla subsequently filed a complaint alleging criminal
defamation on April 23, 1998. The proceedings in that case were terminated on April 14, 1999 due to the
“nonexistence of the crime.”91
99.
According to Judith Carvajal, those implicated in her brother’s murder case from the very
beginning “intimidated the public” and those who cooperated in establishing the facts even though they were
“afraid of the consequences.” Similarly, one of the investigators responsible for intelligence work,
investigations, interviews, and statements said that he had to “interview some people in Pitalito who, given
the lack of protection, did not want to give their names because of the fear that exists in the area.” He also
indicated that the personnel from the Technical Investigations Unit who participated in the intelligence work
in Pitalito did not sign any documents for security reasons.92
100.
The case file also reflects that this fear extended to the attorneys in the region. Nelson
Carvajal’s father, Mr. Jairo Carvajal Cabrera, stated in his affidavit that he went to the Office of the Prosecutor
General after his son’s death to file a criminal complaint requesting the investigation of the murder. At that
time, he was told that 22nd District Office of the Public Prosecutor of Pitalito would open the investigation.
According to Jairo Carvajal, Nelson Carvajal’s family decided to grant power of attorney to a lawyer in order
to act as civil plaintiffs in the criminal proceedings, to ensure that the crime would not go unpunished. He
stated that, nevertheless, several attorneys “were fearful, and refused to work for the family […] [and that]
given this circumstance, they tried to take part using an attorney who did offer [them] his services, but his
89 Attachment 28. Huila District Office of the Judicial Council. Disciplinary Chamber. File 2007-376-00. December 7, 2007. p. 12. Attachment to the petitioner’s communication of May 13, 2009.
90 Attachment 28. Huila District Office of the Judicial Council. Disciplinary Chamber. File 2007-376-00. December 7, 2007. p. 4.
Attachment to the petitioner’s communication of May 13, 2009.
91 Attachment 7. Document from Judith Carvajal Carvajal to the National Human Rights Unit of the Office of the Prosecutor
General. Attachment A: National Human Rights Unit. Office of the Prosecutor General. Statement of Judith Carvajal Carvajal. File No. 582
HRU. October 15, 1999. Attachment to the petitioner’s communication of August 25, 2005; 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.
92 Attachment 5. Office of the Prosecutor General. Technical Investigations Unit. National Investigation Division. Investigation
Section. Regional Crimes Group. Record of Judicial Proceeding. File No. 33.744. Work Mission No. 1169/99. Bogotá D.C. April 27, 1999.
Attachment to the petitioner’s communication of August 25, 2005.