addition, as the representatives and the Commission have observed, the intelligence report that
preceded Operations Order 004, referred to eight objectives of Operation Genesis, which
included Puente América (objective No. 6) and Teguerre (objective No. 5), which are two
geographical places on the territory of the Cacarica Communities.444
229. On the other hand, the version presented by the State indicated that the Armed Forces
did not bomb the Cacarica River basin and that they were not present in this geographical area,
as some testimonies of inhabitants of the region affirm. The State also indicated that the
operation was only executed with regard to seven of the eight objectives indicated (supra para.
106). This second versions is based on the following probative elements: testimony of a
member of the Armed Forces in the public hearing in the instant case,445 testimonies of other
inhabitants of the area,446 reports on the results of operations,447 expert appraisal of
Operational Rules of Colonel María Paulina Leguizamón Zárate and of Luis Emilio Cardozo
Forces were present, together with the 57th and 34th Fronts of the Revolutionary Forces of Colombia, the combined
group that we will hereinafter call “Collusion between Self-Defense and Paramilitary Forces” and members of the Army’s
15th and 17th Brigades, who maintained, either individually or in alliances, continuous confrontations with the known
results […]” (evidence file, folios 8862 and 8863); “[…] Conclusion II: The death of Marino Lopez Mena was not isolated;
it formed part of a strategy of paramilitary consolidation, occupation of territory, and subjection of a common enemy
(emphasized in the original) […] inflicting terror in order to achieve the displacement of a non-combattant civilian
population, possession of territory and, thus, achieving a point of the conflict that was positive for Castaño’s objective
and profitable for del Rio’s interests […]” (evidence file, folio 8873); […] Conclusion III: One of the strategies included in
the agreement between the Self-Defense Forces and the Army was simultaneous attacks: on the one hand, Operation
Genesis by the Army and, on the other hand, the AC Elmer Cárdenas Group (perpetrators of the murder). The effect
was felt throughout the territory to be taken over; we observe that the sound of the explosive devices launched during
this action naturally had disastrous effects in Salaquí, but was also felt in a place called Bijao, so that it can be
concluded that the effect was felt by all those located in these river valleys. Equally disastrous and generalized was the
effect of the death of Marino, because it resulted in displacements throughout the territory; consequently, it merges into
a single context, in other words, Operation Genesis and the action of the Elmer Cárdenas Bloc giving rise to a third
group called “Collusion between Self-Defense and Paramilitary Forces,” which carried out the joint task that, in addition,
generated an immense terror, and resulted in the death of some individuals, such as Marino Lopez Mena, and sent
others “mad,” and led to the destruction of the context of their life […] (evidence file, folio 8875); “[…] The Operations
took place simultaneously and the illegal group remained for at least 10 days, clearly proving the relationship between
General Rito Alejo del Río and the paramilitary group to facilitate, through a third combined group, the common
objectives mentioned above […]. It has been proved that, in the sector or area of the Cacarica and Salaquí (adjoining),
there was a simultaneous and joint operation formed, on the one hand, by the so-called Genesis (military) and, on the
other, the death of Marino Lopez (self-defense forces), where aircraft (planes and helicopters) were used with the
capacity to cross this reduced air space in instants, because the distance is 36.35 kilometers […]. There were no
confrontations between the troops and the self-defense forces; to the contrary, they met in a place called “Bocachica”
and moved across the area of Operation Genesis together in helicopters of the State […]” (evidence file, folios 8877 and
8878). Prosecutor General’s Office, National Human Rights and International Humanitarian Law Unit, Decision on legal
situation in case file No. 426 of July 31, 2001 (evidence file, folio 40373); Arguments of the Prosecutor General���s Office
cited by the Eighth Criminal Court of the Bogota Special Circuit in the judgment in proceedings under file No. 2009-063,
of August 23, 2012 (evidence file, folio 44393).
444
Cf. Colombian Military Forces, National Army, 17th Brigade, Intelligence report attached to Operations Order
No. 004 “Genesis” (evidence file, folios 5515 and 5516).
445
Cf. Testimony of Colonel Germán Castro, witness proposed by the State, before the Inter-American Court of
Human Rights during the public hearing on February 11, 2013.
446
Cf. Statements made before the Prosecutor General’s Office, National Human Rights and International
Humanitarian Law Unit by: J.E.V.R. on November 5, 2008, L.C.L. on September 7, 2005, Luis Aristarco Hinestrosa on
April 13, 2007, José Bermudis on December 19, 2002, Margarita Vergara on November 11, 2002, and J.A.Q. on March
3, 2007 (evidence file, folios 16998, 17459, 17341, 619, 642 and 17229); Testimony of A.M.V. cited in the indictment
decision of the 14th Prosecutor, National Human Rights and International Humanitarian Law Unit, in file 2332 (evidence
file, folios 17537 and 17538); Affidavits of January 21, 2013, prepared by Jerónimo Pérez Argumedo, Alicia Mosquera
Hurtado and Ángel Nelis Palacio (evidence file, folios 14923 and 14972) and Letter of the Peasant Communities
displaced from Riosucio Chocó, to the Ministry of the Interior, Human Rights Administrative Unit, Directorate for
Attention to those Displaced by the Violence, dated April 4, 1997 (evidence file, folio 607).
447
Cf. Colombian Military Forces, National Army, 17th Brigade, Operations Order No. 004 “Genesis” of February
1997 and Report of March 6, 1997 (evidence file, folios 5521 to 5524, 5528 to 5530).
80
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents