that it was executed jointly by the Colombian Army, the Navy, which controlled the river and
maritime part of the area,171 and Air Force (hereinafter also “FAC”), including also the Special
Rural Forces, which provided air support to the mission; (iii) that the Operation culminated in
the liberation of two of the kidnapped foreigners, and with the recovery of the bodies of two
kidnapped foreigners, 172 and (iv) that, during the operation, the Armed Forces was able to
gather intelligence information, they had neutralized “the corridor” used by FARC towards the
border with Panama, and had been able to “recover the area” occupied by the 57th Front along
the Salaquí River. The latter was affirmed by the State’s expert witness, Luis E. Cardoso, and
was not disputed.173
102. It is an undisputed fact that, with the excuse of carrying out a “cleansing operation” that
would guarantee the elimination of the presence of FARC guerrillas in the area, as of February
26, 1997, members of the AUC of the Chocó Bloc, among others, entered the settlements of
Bijao, Limón and Puente América and, using different means, such as bullets, grenades, and
arson, forced the inhabitants to evacuate these areas. 174
Disputed facts
103. With regard to the other events related to Operation Genesis, the Court notes that the
documentation and the evidence given in the testimonies in the case file reveal that there are
two versions of what happened. According to one version, the Colombian Air Force bombed the
Objective 7: La Nueva, and Objective 8: Clavellino; and it was only Objective 6 (Puente América) that was not attacked
by the Armed Forces. Colombian Military Forces, National Army, 17th Brigade, Report of March 6, 1997 (evidence file,
folios 5528 and 5529), and Colombian Military Forces, National Army, 17th Brigade, Report of March 20, 1997 (evidence
file, folios 5532 and 5534). See also, Affidavit dated January 31, 2013, prepared by María Paulina Leguizamón Zarate,
expert witness offered by the State (evidence file, folios 15445 to 15448) and Testimony of Colonel Luis Emilio Cardozo
Santamaría, expert witness proposed by the State, before the Inter-American Court of Human Rights during the public
hearing on February 12, 2013.
171
Cf. Affidavit dated January 31, 2013, prepared by María Paulina Leguizamón Zarate, expert witness proposed
by the State (evidence file, folios 15444, 15453, and 15458) and Colombian Military Forces, National Army, 17th
Brigade, Report of March 6, 1997 (evidence file, folio 5529).
172
Cf. Prosecutor General’s Office, Medellin Regional Prosecutors Office, Case file 22,855: Kidnapping (evidence
file, folio 18929). See also Colombian Military Forces, National Army, 17th Brigade, Reports of March 6 and 20, 1997
(evidence file, folios 5530 and 5533). Similarly, see affidavit dated January 31, 2013, prepared by María Paulina
Leguizamón Zarate, expert witness proposed by the State (evidence file, folios 15460) and the testimony of Colonel
Germán Castro and Jesús Alfonso Flórez López, witness and expert witness, respectively, proposed by the State, during
the public hearing on February 11 and 12, 2013.
173
Cf. Testimony of Colonel Luis Emilio Cardozo Santamaría, Expert witness proposed by the State, before the
Inter-American Court of Human Rights during the public hearing on February 12, 2013.
174
Cf. Regarding the incursion of the paramilitaries in the areas described, see: Eighth Criminal Court of the
Bogota Special Circuit, file 2009-063, defendant Rito Alejo del Río, judgment of August 23, 2012 (evidence file, folio
14803); statements made before the Prosecutor General’s Office, National Human Rights and International
Humanitarian Law Unit: Cruz Manuel Ramirez, J.B.V.P. and M.B.S. on December 11 and 19, 2002 (evidence file, folios
641, 612, 620 and 642), and the voluntary confessions of Franklin Hernandez Segura, Luis Muentes Mendoza and
Diego Luis Hinestroza Moreno in Collective voluntary confessions on Operation Genesis – Cacarica of the candidates of
the Elmer Cárdenas Bloc before the Prosecutor General’s Office, Justice and Peace Unit, on April 29, 2010, April 22 and
April 2, 2008 (evidence file, folio 19213, 19248 and 19246). Regarding the acts of violence used by the paramilitaries
that have been mentioned, the following can be consulted: the statements of Luis Aristarco Hinestrosa and M.A.C.M.
before the Prosecutor General’s Office, Human Rights and International Humanitarian Law Unit of April 13, 2007, and
December 11, 2002 (evidence file, folios 17338, 630, 631 and 632); Preliminary hearing to bring charges in the
proceedings against Diego Luis Hinestroza Moreno and Luis Muentes Mendoza for the murder of Marino López Mena on
May 30, 2008 (evidence file, video recording 23:43 to 25:00, folio 1472 and recording 43:00 to 44:30, folio 1403), the
statements of J.V.R. and J.A.Q. cited in the indictment of Rito Alejo del Río Rojas by the 14th Prosecutor of the Human
Rights and International Humanitarian Law Unit, proceeding 2332 of September 12, 2008 (evidence file, folios 1498 and
1502), and the preliminary arguments presented before the Prosecutor General in proceeding 5767, by L.J.M., legal
representative of Father J.G, in which he requested that charges be brought against retired General Rito Alejo del Rio
Rojas for crimes against humanity (evidence file, folio 1286).
39
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