evidence in the case file reveals that part of “Operation Cacarica” was implemented in
geographical places that coincide with several of the objectives of Operation Genesis.533
273. To this should be added the fact that objective No. 6 (Puente América), located several
dozen kilometers to the north of the Salaquí River, appears to have been the only one of the
eight objectives that the Armed Forces did not attack, considering that, based on military
intelligence, it had insufficient resources to attack all the objectives and because this was a
lower priority than the others. The Court cannot fail to note that Puente América is located
precisely at a point very close to the place where the paramilitaries entered the Cacarica river
basin.534 It can even be presumed that Puente América could have constituted one of the places
through which the paramilitary groups passed during their incursion into the Cacarica river
valley.535
274. It is also worth repeating that there is strong circumstantial evidence and indications
that the Army provided “covering fire,” machine-gunning or bombing in a sector situated about
two kilometers to the north of Puente América (supra para. 237). This could indicate that the
geographical correspondence or overlapping between the two operations did not arise only from
the presence of the Armed Forces and of the Self-Defense Forces on the banks of the Salaquí
River, but could also have taken place in sectors near Puente América.
275. Fourth, as emphasized by the Eighth Criminal Court of the Bogota Special Circuit in its
judgment of August 23, 2012, the two operations took place within the framework of a series of
actions designed to achieve a common purpose or objective: to overcome the FARC guerrilla
that were present in the area.536 Fifth, as the said Eighth Court mentioned, the testimony of
several peasants indicates that they had seen “joint movements by the Army and the selfdefense forces.”537
276. Sixth, as the Eighth Criminal Court of the Bogota Special Circuit indicated in its
judgment, it is surprising that “the movement of combatants of the Chocó Bloc from the Los
Katios National Park to the Salaquí River occurred at precisely the same moment that this
region was the objective of a large-scale military operation.” This court added that “[i]f it is
considered that the Army also has the legal mandate to combat the self-defense groups, the
advance of those paramilitary units towards the zone of operations is not logical; the proper
course of action was precisely the contrary; that is, not to enter the area, to withdraw or to
remain inactive in order to avoid confrontations with official troops who were carrying out a
offensive in the region.”538
533
Cf. Intelligence report attached to Operations Order No. 004 “Genesis” (evidence file, folios 5516 and 5519);
Prosecutor General’s Office, Powerpoint presentation “Operation Cacarica” (evidence file, folio 19253); Prosecutor
General’s Office, document “Operation Cacarica” (evidence file, folios 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).
534
See, Prosecutor General’s Office, Powerpoint presentation and document “Operation Cacarica” (evidence file,
folio 19263 and 19255 to 19259) and Colombian Military Forces, National Army, 17th Brigade Intelligence report
attached to Operations Order No. 004 “Genesis” with its appendix (evidence file, folios 5515, 5516 and 5519).
535
According to the prosecutor, the paramilitaries went from the Atrato River towards the Cacarica River. On the
way, they passed through Sautatá, and near Loma de Cacaricá, until they reached the mouth of the Perancho River;
they then continued by the Cacarica River to Bijao, so that they had to pass by por Puente América. Cf. Prosecutor
General’s Office, Powerpoint presentation and document “Operation Cacarica” (evidence file, folios 19263 and 19255 a
19259).
536
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).
537
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).
538
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).
95
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