IMPUNITY/NELSON CARVAJAL CASE-IACHR

WHEREAS Nelson Carvajal Carvajal, teacher and journalist with radio station Radio Sur of RCN Radio in the municipality of Pitalito, Huila province, was murdered on April 16, 1998 WHEREAS the IAPA submitted to the Inter-American Commission on Human Rights (IACHR) in 2002 the Nelson Carvajal case after carrying out an exhaustive investigation through its Rapid Response Unit, which uncovered a series of irregularities WHEREAS through the good offices of the IACHR the IAPA and the government held from 2005 to 2009 an amicable solution process to encourage continuation of the investigation and the review of the case of the murder of Nelson Carvajal with the objective of punishing those responsible WHEREAS in 2009 the IAPA concluded the amicable solution procedure considering that there had not been reached any favorable proceedings enabling the crime to be solved or reducing the extent of impunity, affecting the rights of the victim and of his family members WHEREAS in less than three years criminal action for the murder of Nelson Carvajal will become subject to statute of limitations and it will remain unpunished WHEREAS given the current state of the process in the IACHR and after more than 17 years since the events occurred without the government of Colombia having come up with results in the investigation WHEREAS Principle 4 of the Declaration of Chapultepec states “Freedom of expression and of the press are severely limited by murder, terrorism, kidnapping, intimidation, the unjust imprisonment of journalists, the destruction of facilities, violence of any kind and impunity for perpetrators. Such acts must be investigated promptly and punished harshly” WHEREAS Principle 9 of the Declaration of Principles on Freedom of Expression states “The murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression. It is the duty of the state to prevent and investigate such occurrences, to punish their perpetrators and to ensure that victims receive due compensation” THE IAPA GENERAL ASSEMBLY RESOLVES To ask the IACHR to send the Nelson Carvajal case for consideration by the Inter-American Human Rights Court with the objective that there open the possibility of justice finally being done in this crime.