175.
The case file shows that on April 16, 1998, following the murder of journalist Nelson Carvajal
Carvajal in the city of Pitalito, the local authorities opened an investigation and that as of the date of issue of
this report—more than sixteen years later—the circumstances of the crime have not been established by a
court of law and the perpetrators have not been convicted. Notwithstanding the above, the IACHR observes
that in the four-year period after the journalist’s murder (1998 to 2001), the authorities completed an
investigation, brought criminal charges against three individuals, held a trial that resulted in the defendants���
acquittal, and adjudicated an appeal affirming the trial court’s decision.
176.
Nevertheless, from 2001, the investigation has gone on for more than thirteen years, with
long periods of inactivity and few results. The State maintained that this delay is not attributable to the
conduct of the authorities, but rather to the complexity of the matter. In particular, it stated that the reasons
for the complexity of the case lie in “the threats that have plagued this case, which have been directed against
witnesses and relatives who might be able to contribute valuable information for the successful development
of the investigation. This fear has hindered the investigative work of the Prosecutor’s Office, which has
repeatedly had to reschedule court proceedings in view of the impossibility of obtaining information from
witnesses because of the threats they have received."
177.
The Commission observes that the complexity resulting from the climate of threats
acknowledged by the State itself is the responsibility of the Colombian authorities, who have the obligation to
take all necessary measures to protect the witnesses and to investigate the facts of this case without undue
delay. The IACHR has already established the lack of concrete meaures taken to ensure said protection or due
investigation of these events.
178.
Given the seriousness of the events, the insufficiency of the means employed and the results
obtained are still not justified by the complexity of the matter. Indeed, even though there was a 2001 order to
continue the investigations, it took the Prosecutor’s Office until February 2003—nearly two years—to take
over the case and order investigative procedures. The IACHR has no record of any steps taken over the next
three years. In December 2005, the investigation was assigned to the National Human Rights Unit and IHL,
which ordered the examination of new evidence. Three years later, in August of 2008, the Prosecutor’s Office
proceeded to implicate some individuals as perpetrators of the crime and requested to study the possibility of
filing a motion for the reconsideration of the defendants’ acquittals. The Supreme Court denied the motion for
reconsideration in April 2009, and in 2010 the Prosecutor General once again reassigned the case to another
prosecutor. According to the information provided by the State, three years later, in 2013, “three reports had
reportedly been received from the Judicial Police”. The long periods without procedural activity show that
delays in the investigation are the consequence of the conduct of the authorities.
179.
The IACHR cannot fail to note, as it has in other cases involving the murder of journalists,
that the events that are the subject of this report are part of a situation in which high levels of impunity are
prevalent. This is of special concern given that, according to the petitioner, the statute of limitations
applicable to the crime against Nelson Carvajal Carvajal will expire 20 after its commission—that is, in 2018.
In this regard, the Commission observes that one of the most worrisome effects of the inaction and prolonged
delay in the investigation of cases involving the murder of journalists is the expiration of criminal statutes of
limitation.
180.
In view of the above considerations, the IACHR concludes that the investigation into the
crime committed against journalist Nelson Carvajal Carvajal had not been conducted within a reasonable
period of time, nor has it been an effective remedy to guarantee the rights of his relatives.
e.
Obstacles to the participation of Nelson Carvajal’s relatives in the investigations
181.
In fulfilling their duty to investigate and prosecute all perpetrators responsible for acts of
violence against journalists, States have the obligation to guarantee that the victims of human rights
violations or their relatives have full access and the ability to act at all phases and levels of the investigation