fees were very high because he said his life would be in danger.”93 He stated that Miriam Carvajal, a sister of
the alleged victim, contacted two attorneys who were willing to accept the family’s power of attorney to
represent them as civil plaintiffs in the criminal case. However, he stated that because of the death threats to
Nelson’s wife Luz Stella Bolaños Rodríguez, and to Judith Carvajal, the alleged victim’s sister, the family
decided to give up their right. He indicated that they were “warned verbally and telephonically that if they
continue[d] to go after the perpetrators there would be more deaths in the family.”94
101.
According to Judith Carvajal, after January 5, 1999, the date on which the Office of the
Prosecutor General arrested the alleged masterminds and direct perpetrators of Nelson Carvajal’s murder,
the threats increased. She stated that the calls intensified, both to her house and to the Radio Sur radio
station, where she had a Sunday program.95 She further indicated that in March 1999, a man approached her
at the exit of the María Auxiliadora of Pitalito Clinic and said that she was “the one who was being a pain in
the ass, that she was the chip that had to be knocked down in order to win the business,” and that he said to
some other men who were with him, “that’s her.” 96 Judith Carvajal further stated that on April 3, 1999, Mr.
Luis Ortiz personally told her that he had a direct order from the men involved in Nelson Carvajal’s murder to
kill her. This person reportedly told Judith Carvajal that the order had been given to his accomplices, who
were in Pitalito at the time, via cell phone from the La Picota prison in Bogotá, where the defendants were
being held. She stated that if she or anyone else in her family were killed, she would place the blame directly
on the individuals charged with masterminding her brother’s murder. She also stated that her “family had no
other trouble with anyone else. The only trouble we have now is because of this investigation, and therefore,
anything that happens to my family is the result of this case.”97
102.
Judith Carvajal additionally stated that on the afternoon of April 14, 1999, there was a man
outside her house for a lengthy period of time. She stated that her son told her not to leave the house because
the man “had a weapon and had been standing there for a long time, paying close attention to who entered
and left the house.” Later, Judith Carvajal stated that she left the house “together with several people and
[saw] that the guy got onto a motorcycle, saying ‘brother it couldn’t be done today, it will have to be another
day.’” 98
103.
In view of this situation, Judith Carvajal decided to leave Pitalito for another part of the
country, and she informed the Office of the Prosecutor General of this situation in order for the appropriate
investigations to be conducted.99 There is no information in the case file before the IACHR about the outcome
of these investigations. Judith Carvajal reportedly went into the Victim and Witness Protection Program of the
93 Attachment 6. First Notary Public of Pitalito. Department of Huila. Certificate Number 683. September 18, 2003. Attachment
to the petitioner’s communication of September 22, 2003
94 Attachment 6. First Notary Public of Pitalito. Department of Huila. Certificate Number 683. September 18, 2003. Attachment
to the petitioner’s communication of September 22, 2003
95 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.
96 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.
97 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. 4, Attachment to the petitioner’s communication of August
25, 2005.
98 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.
99 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.