110. Furthermore, the evidence reveals that these acts took place in the presence of
members of the community.200 The remains of Marino López were found in the Cacarica River
days later, but were only identified in February 2007, when it was possible to register his death
officially.201 Lastly, the probative elements, as well as the findings of the Eighth Criminal Court
of the Bogota Special Circuit, show that military personnel were not involved in the events that
occurred in Bijao and that resulted in the death of Marino López.202
E. The facts relating to the alleged forced displacement
E.1. The alleged forced displacement
Undisputed facts
111. It is an undisputed fact that, at the time of the events, various inhabitants of the
Cacarica river valley, and of the Bajo Atrato in general,203 had to displace. As alleged by the
Commission, and confirmed by the State, around 3,500 people were displaced and, of these,
approximately 2,300 settled provisionally in the municipality of Turbo and in Bocas del Atrato,
both in the department of Antioquia, Colombia, around 200 crossed the border into Panama,
and the others went to other parts of Colombia.204
Disputed facts
112. Regarding the causes of the forced displacement, the Court notes that there are
numerous versions of what happened. On the one hand, some probative elements indicate that
the acts of violence that occurred in the context of Operation Genesis and the so-called
Operation Cacarica, both the bombing205 and the death of Marino López,206 were what produced
the forced displacement of the inhabitants of the Cacarica river basin.207
199
Cf. Voluntary confession made by Luis Muentes Mendoza, before the Prosecutor General’s Office, Justice and
Peace Unit, on April 22, 2008 (evidence file, folio 1166), and voluntary confession of Fredy Rendón Herrera in Collective
voluntary confessions of the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica before the
Justice and Peace Unit, 48th Delegate Prosecutor, Medellín, April 29, 2010 (minutes 14:10 and 14:17) (evidence file,
folios 19192 and 19193). Testimony of Hebert Veloza García before the Prosecutor General’s Office, National Human
Rights and International Humanitarian Law Unit, on October 10, 2008 (evidence file, folios 1235 and 1236).
200
Cf. Testimony of J.A.Q. and J.V.R. Romaña cited by the 14th Prosecutor of the Human Rights and International
Humanitarian Law Unit, in the decision on the legal situation of Rito Alejo del Río Rojas, file 2332, of September 12,
2008 (evidence file, folio 1502 and 1498). See also Ombudsman’s Office. Decision No. 025 of the Ombudsman on the
massive human rights violations and forced displacement in the Bajo Atrato region of Chocó, October 2002 (evidence
file, folio 231) and statement made by Fredy Rendón Herrera before the Prosecutor General, Human Rights and
International Humanitarian Law Unit, on October 8, 2008 (evidence file, folio 1235).
201
Cf. Technical Investigation Corps, Probative photographic report of February 9, 2007 (evidence file, folio
17327). Charges against Luis Muentes Mendoza and Diego Luis Hinestroza Moreno of May 30, 2008 (evidence file video
recording 50:30 and 27:18 to 27:48, folios 1403 and 1472).
202
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 14808).
203
Cf. Ombudsman’s Office, Press communiqué No. 150 of March 31, 1997 (evidence file, folio 50739).
204
Cf. Ombudsman’s Office. Decision No. 025 of the Ombudsman on the massive human rights violations and
forced displacement in the Bajo Atrato region of Chocó, October 2002 (evidence file, folio 231). See also: Constitutional
Court. Judgment T-955 of October 17, 2003 (evidence file, folio 135).
205
Cf. Ombudsman’s Office. Decision No. 025 of the Ombudsman on the massive human rights violations and
forced displacement in the Bajo Atrato region of Chocó, October 2002 (evidence file, folio 231). See also: United
Nations, Report of the United Nations High Commissioner for Human Rights (UNHCHR) on the Office in Colombia, to the
fifty-fourth session of the Commission on Human Rights, E/CN.4/1998/16, 9 March 1998 (evidence file, folio 752);
Testimony of J.B.V.P. before the Prosecutor General’s Office, Human Rights and International Humanitarian Law Unit on
December 19, 2002 (evidence file, folios 620); Testimony of Diego Luis Hinestrosa Moreno on August 29, 2008, before
the 14th Special Prosecutor, Human Rights and International Humanitarian Law Unit (evidence file, folio 17395);
Voluntary confession of Diego Luis Hinestroza Moreno of April 2, 2008, in volume 9 of case file 2332 (evidence file, folio
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