236. Fifth, regarding the attacks that took place in Teguerre, the information provided by the State reveals that this objective did not correspond to the community of this name (Teguerre Medio), which is almost 25 kilometers away.473 Moreover, no arguments or evidence were presented indicating that a settlement or civilian property at objective No. 5 (Teguerre) was attacked. The representatives merely indicated that this objective was located, geographically, within the territory of the Community Council of the communities of the Cacarica river basin. 237. The foregoing allows the Court to reach several conclusions. On the one hand, there is insufficient evidence to prove that the bombing carried out by the Armed Forces directly affected the Communities of the Cacarica River basin, because it was directed at military objectives near the Salaquí River or the Truandó River. Nevertheless, diverse and congruent evidence exists indicating that a helicopter of the Colombian Air Force could have bombed or machine-gunned a site located at Loma de Cacarica, about two kilometers to the north of Puente América, objective No. 6 of Operation Genesis. On the other hand, it is unclear whether the inhabitants of the Cacarica river basin could have been able to hear the bombardments that occurred several kilometers to the south, on the banks of the Salaquí or Truandó Rivers. Despite this, these testimonies could be consistent with what really occurred near the Salaquí River, in particular if it is recalled that the southernmost Cacarica communities are located only a few kilometers from the site of the bombing attacks. 474 238. Regarding the State’s responsibility for alleged direct harm caused by the bombings, the Court indicates, based on the principle of distinction, that: (a) the bombing carried out by the Armed Forces took place several kilometers from the communities of the Cacarica River basin (because the 1.7 kilometers between Loma de Cacarica and Puente América is the minimum distance – in the context of the bombing during Operation Genesis – between a village or civilian property and the place where the attack may have taken place); (b) it has not been alleged or reported that the said bombings directly caused the death or injury of inhabitants of the communities of the Cacarica River basin; (c) it remains under discussion whether the Colombian Armed Forces really bombed or machine-gunned Loma de Cacarica located near Puente América, and (d) no evidence has been provided indicating the presence of civilians or civilian property in the place of the attack corresponding to objective No. 5: Teguerre. 239. Therefore, the Court considers that no evidence has been provided that would allow it to conclude that the objectives of the bombardments of Operation Genesis included civilian settlements or property. The fact that objective No. 5 (Teguerre) was located within the territory of the Community Council of the Cacarica River basin does not necessarily or automatically entail the violation of the principle of distinction, or that the State was prevented per se from conducting counterinsurgency operations on that territory, unless the attack on that objective would have involved a direct attack on civilian settlements or property, which, as indicated above, has not been proved. 240. Based on the above, and specifically with regard to the bombing carried out during the execution of Operation Genesis, the Court concludes that the State is not responsible for the numerous craters caused by the bombs”; “we were advancing towards Loma de Salaquí, before arriving, we saw some large craters that the planes had left with the bombing” “[..] where there was a house or most of it, where they were holes, where they said that the bombing had taken place, on the way to Teguerre, we also saw some craters […]” (evidence file, folios 19183, 19189 and 19204). 473 On this point, although the State acknowledged that this objective of Operation Genesis (Objective No. 5) had been attacked, it clarified, without this being contested by the representatives, that the said objective, even though its name was very similar to the community located in the Cacarica River basin (Teguerre Medio), referred to a different geographical site about 25 kilometers away. The distances were calculated by the Court based on the coordinates provided by the State and not contested by the representatives. 474 For example, the village of Teguerre Medio is located about 8 kilometers from objective 4A of Operation Genesis (Bocas del Guineo) and around 10 kilometers from objective 4 of Operation Genesis (Caño Seco). The distances were calculated by the Court based on the coordinates provided by the State and not contested by the representatives. 84

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