277. Similarly, it should be stressed that although the Colombian Armed Forces also had the
obligation to combat paramilitary groups or illegal armed groups, at the time of Operation
Genesis there were no reports of a confrontation between the Armed Forces and these
groups,539 even though both factions were in the area of the Salaquí River, in places very close
to the objectives of Operation Genesis indicated in “Operations Order 004.” The reports
following Operation Genesis underscored confrontations with the guerrilla during its
implementation,540 but made no allusion whatsoever to the paramilitary groups that were there
and that, logically, the Army should have combatted because those groups were carrying out
operations in the same geographical areas.
278. Furthermore, it should be emphasized that the version presented by the State does not
provide an answer to several points related to the facts of the instant case. In particular, this
version does not explain the reasons why the paramilitary units attacked the Cacarica
communities on precisely the same days as Operation Genesis was being implemented on the
banks of the Salaquí and Truandó Rivers, or regarding the fact that the State was unaware of
the movements of paramilitary units that had set off from Cutí (Chocó group) and from the
town of Turbo (“Pedro Ponte” group).541 In this regard, it is striking that Luis E. Cardoza, expert
witness proposed by the State, indicated that “intelligence, which is the basis for initiating
operations, is an intelligence that must be continuously providing support to the operation;
otherwise it would not be possible to modify the plans once the operations were underway.”542
Thus, the Court does not understand why the intelligence that was constantly “providing
support to the operation,” did not alert the Armed Forces to the massive displacements that
were occurring and to the presence of paramilitary units and, if it did, why the Armed Forces did
not act to prevent or deal with the causes of the displacement of hundreds of inhabitants. In
addition, the arguments presented by the State do not explain why there was no fighting
between paramilitary units and the Army, when the evidence indicates that the paramilitaries
continued to advance towards the Salaquí River precisely when Operation Genesis was
underway. Neither do they explain why the paramilitary units were present in several of the
places identified as military objectives of Operation Genesis (in particular the State did not
contest the paramilitary presence in the northernmost communities). Moreover, the State’s
version does not explain the statements of the demobilized paramilitaries, or several
testimonies of peasants, which were investigated and verified by the Prosecutor General’s
Office, and also assessed by Colombian criminal justice, indicating that there had been
collaboration with the Armed Forces.
279. Lastly, the Court notes that the version of the events that has been proved in the most
reasonable, satisfactory and sufficient manner indicates: (a) that before and after the events,
there was a regional and national context in which different types of connections have been
reported between paramilitary groups and members of the Armed Forces; in the Urabá
539
Cf. Colombian Military Forces, National Army, 17th Brigade, Reports of March 6 and 20, 1997 (evidence file,
folios 5528 to 5531 and 5532 to 5537). Neither the affidavit of January 31, 2013, of María Paulina Leguizamón Zarate,
expert witness proposed by the State (evidence file, folio 15413) nor the testimony of Colonel Germán Castro, provided
during the public hearing of February 12, 2013, refer to confrontations between pramilitary groups and the Army.
540
Cf. Colombian Military Forces, National Army, 17th Brigade, Report of March 6, 1997 (evidence file, folios 5528
and ff.), and Colombian Military Forces, National Army, 17th Brigade, Report of March 20, 1997 (evidence file, folios
5532 and ff.). See also, Affidavit prepard by María Paulina Leguizamón Zarate, expert witness proposed by the State
(evidence file, folio 15413) and Testimony of Colonel Germán Castro, witness proposed by the State, before the InterAmerican Court of Human Rights during the public hearing on February 12, 2013.
541
The foregoing is in stark contrast to the extremely precise intelligence informationo on the geographical place
and the composition of the guerrilla units that appears in the intelligence reports prior to Operation Genesis. The
intelligence report attached to Operations Order 004 has precise information on the exact number of guerrilla units at
each objective. 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 12, 2013.
542
Cf. Testimony of Luis E. Cardoza, expert witness proposed by the State, before the Inter-American Court of
Human Rights during the public hearing on February 12, 2013.
96
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