REPORT Nº 54/04 PETITION 559/02 ADMISSIBILITY NELSON CARVAJAL CARVAJAL COLOMBIA 13 October, 2004 I. SUMMARY 1. This report refers to the admissibility of petition 559-2002, submitted to the Inter-American Commission for Human Rights (hereinafter “the Inter-American Commission”, “the Commission” or “the IACHR”) on June 21, 2002, by the Inter-American Press Association (hereinafter “the IAPA,” “the petitioner,” or “the complainant”) against the Republic of Colombia (hereinafter “Colombia,” “the State,” or “the Colombian State”). 2. The petition refers to the assassination of Mr. Nelson Carvajal Carvajal, a journalist killed April 16, 1998, according to the complainant for reasons related to his work as a journalist, referring as well as to the judicial proceedings and investigations carried out to clarify the circumstances of the killing. 3. The petitioner alleges that the Colombian State is responsible for violating the rights to life, a fair trial, freedom of expression and thought, and judicial protection, enshrined at Articles 4, 8, 13, and 25 of the American Convention on Human Rights (hereinafter the “Convention” or the “American Convention”). The IAPA argues, first, that the proceedings held to investigate the murder of Mr. Carvajal Carvajal were detrimentally affected by a series of irregularities both in the investigative phase before the Public Ministry and in the phase of obtaining and weighing the evidence before the Judiciary. Consequently, the complainant alleges, the three persons accused of the assassination were acquitted at both stages of that criminal proceeding. The petitioner notes, in addition, that the Colombian State is responsible for the impunity enjoyed by the assailants. The petitioner argues that the case remains in impunity, for subsequent to the judicial proceeding mentioned, no efforts have been made by the State to investigate and clarify the assassination of Mr. Carvajal Carvajal. As of the date of this report, the investigation into the assassination of Mr. Carvajal Carvajal remains open. 1