themselves, by statements of General del Río himself, or testimony and statements of other
members of the Armed Forces (supra para. 246) and, consequently, they must be assessed in
this context.
268. Furthermore, in relation to the bombing that may have occurred at “Loma del Cacarica,”
the Court reiterates that there is evidence to indicate that bombing or machine-gunning from a
helicopter of the Armed Forces could have taken place in the site located at Loma de Cacarica,
around two kilometers to the north of Puente América, objective No. 6 of Operation Genesis
(supra para. 237).
269. In addition to the observations and assessments on the context and on the specific
pieces of evidence presented in this case, the Court, as in other cases and on a complementary
basis, takes into consideration other indications, circumstantial evidence and logical inferences
to reach conclusions in relation to the contradictory versions of the events. The Court has
established that it is legitimate to use circumstantial evidence, indications and presumptions to
found a judgment, “provided that consistent conclusions about the facts can be inferred from
them.”527
270. The Court has indicated that, in principle, the burden of proving the facts on which the
complaint is based corresponds to the plaintiff. Nevertheless, it has emphasized that, unlike
domestic criminal law, in proceedings on human rights violations the State’s defense cannot be
based on the plaintiff’s inability to provide evidence when it is the State that controls the means
to clarify events that occurred on its territory.528
271. First, it is worth noting that both Operation Genesis and “Operation Cacarica” occurred or
were initiated towards the end of February 1997; in other words, almost simultaneously. 529
Nevertheless, although this could be an important element, it is not definitive; in particular
taking into account that a priori the planning of the two operations was not carried out at the
same time. In this regard, the former paramilitary Freddy Rendón stated before the Justice and
Peace Unit of the Prosecutor General’s Office that the Operation in the Cacarica area had been
planned as of August or September 1996,530 while the events that led to Operation Genesis (the
kidnapping of four foreigners, ten soldiers and children by the FARC) dates from January 1997
(supra para. 97).
272. Second, in addition to the correspondence of the timing, there was “geographical
correspondence”531 between the two operations, in the sense that “the objective [of both of
them was] to occupy the sector of the Salaquí River and adjoining areas.”532 Likewise, the
527
Cf. Case of Velásquez Rodríguez. Merits, para. 130, and Case of Kawas Fernández v. Honduras. Merits,
reparations and costs. Judgment of April 3, 2009 Series C No. 196, para. 95.
528
Cf. Case of Velásquez Rodríguez. Merits, para. 135, and Case of Kawas Fernández v. Honduras, para. 95.
529
This conclusion arises from comparing the texts of document in the case file from different State authorities,
such as: intelligence report attached to Operations Order No. 004 “Genesis” (evidence file, folios 5516 and 5519);
Prosecutor General’s Office, Powerpoint presentation and document “Operation Cacarica” (evidence file, folios 19263
and 19255 to 19259), and Prosecutor General’s Office, Dossier on the Elmer Cárdenas Bloc, Report No. 260 of June 25,
2012 (evidence file, folio 45156).
530
Cf. Voluntary confession of Fredy Rendón Herrera, minute by minute version of the Collective voluntary
confessions of the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica, Medellín, on April
28, 2010, before the Prosecutor General’s Office (evidence file, folio 18180).
531
Cf. Eighth Criminal Court of the Bogota Special Circuit, file 2009-063, defendant Rito Alejo del Río, judgment of
August 23, 2012 (evidence file, folio 14809).
532
Cf. Eighth Criminal Court of the Bogota Special Circuit, file 2009-063, defendant Rito Alejo del Río, judgment of
August 23, 2012 (evidence file, folio 14809).
94
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