unpunished. The IACHR underscores that the impunity that plagues these types of cases has devastating effects on the local practice of journalism and on freedom of expression. More than sixteen years after his death, the absence of concrete actions sends a strong message of inhibition and self-censorship to any other journalist who confronts regional political and economic power. In the end, this deprives an entire community of information and opportunities for the oversight of government administration, preventing it from exercising its right to seek, receive, and disseminate ideas and information. 186. For all of the above reasons, the IACHR concludes that the State has violated the rights to a fair trial and to judicial protection established in Articles 8 and 25 of the American Convention, in conjunction with Articles 1(1) and 13 thereof, with respect to the relatives of the victim. Based on the case file, the Commission finds that those relatives are: Jairo Carvajal Cabrera, Ana Francisca Carvajal de Carvajal (father and mother); Paola Andrea Carvajal Bolaños, María Alejandra Carvajal Bolaños, Yaneth Cristina Carvajal Ardila (daughters); Luz Stella Bolaños Rodríguez (spouse); Judith Carvajal Carvajal, Gloria Mercedes Carvajal Carvajal, Ruth Dary Carvajal Carvajal, Luz Eny Carvajal Carvajal, Miriam Carvajal Carvajal, Fernando Augusto Carvajal Carvajal, Saúl Carvajal Carvajal (siblings); Cristhian Camilo Motta Carvajal, César Augusto Meneses Carvajal (nephews). 187. With respect to Nelson Carvajal Carvajal’s right to life and freedom of expression, the IACHR observes that, more than 16 years after his murder, the investigations and criminal proceedings undertaken at the national level have not resulted in the identification of the individual perpetrators. However, in the case file, there is circumstancial evidence that supports the involvement of state agents in the events. Indeed, since the occurrence of the events and according to the evidence gathered, it was clear that the murder of Nelson Carvajal Carvajal was perpetrated to silence his work in revealing ilicit acts by public officials. 188. Since the beginning of the investigation, witnesses noted the responsibility of local government officials and former officials as potential masterminds of the murder of Nelson Carvajal Carvajal. Evidence shows that Carvajal planned to make a statement the day after his death, at the Municipal Attorney Office about facts alleged in his radio program on municipal corruption linking the mayor of Pitalito and a coalition of the City Council. Witnesses said that before his death the journalist Nelson Carvajal received death threats by a former council member of Pitalito. Similarly, as is clear from the record, after the crime actions to hinder the administration of justice through threats against witnesses and other acts to divert the investigation took place, creating a climate of fear in the population of Pitalito that persisted during development of trials and increased with the taking of new evidence. Specifically, a witnessed demobilized from the FARC was killed after saying to a specialized prosecutor that among those responsible for the murder of Nelson Carvajal were local officials and former local officials. Several people connected to the case as witnesses or threatened relatives reported that officers and former officers linked with the government as responsible for the threats. Due to the lack of specific and effective protection and investigation measures against these threats and intimidation, nine relatives of Nelson Carvajal were forced to leave the country. 189. Given the strong evidence also handled by state authorities responsible for the investigation, the IACHR considers that the State's response has been inadequate to investigate and to protect witnesses and relatives of Nelson Carvajal in their quest for justice. It is because of these deficiencies that it has not been possible to judicially established the facts and the respective criminal responsibilities. The Commission considers that all these circumstancial evidence regarding the involvement and tolerance of state authorities in the murder of Nelson Carvajal Carvajal are sufficient in the context of this case to establish a violation of the right to life, under article 4(1) of the American Convention. 169 190. As the Inter-American Court has held, to conclude otherwise would mean allowing the State to avail itself of the negligence and ineffectiveness of the criminal investigation in order to avoid its 169 I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009. Series C No. 196. Para. 97.

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