Commander of the Operation had advised him […] that he would organize a support group, and
that the situation of the peasants would be transitory, because shortly, in around five days,
they would recover the areas and the peasants could return safely.”210
114. Based on this first hypothesis, and as the Eighth Criminal Court of the Bogota Special
Circuit indicated, the forced displacement of the inhabitants of Bijao, and the murder of Marino
López, were not isolated acts, but formed part of a strategy to consolidate the paramilitary
groups, to occupy territories, and to conquer a common enemy, owing to the way in which
Marino López was “used” as a means or instrument to achieve a goal; and how it was executed
in a predetermined context and with a specific objective: to cause terror in order to forcibly
evict the non-combatant civilian population.211
115. However, a second version of what happened, supported by other documents and
testimony, indicates that, contrary to what was indicated by the Commission and the
representatives, the displacement of the inhabitants of the Cacarica river valley had been taking
place since 1996 and continued during 1997 as a result of the action of the FARC. 212 Regarding
the guerrilla presence in the region, there is evidence that, after the FARC had taken Riosucio
(supra para. 97), “launches and pangas that were travelling from Turbo to Riosucio were
intercepted, and fuel, foodstuffs, and even drugs were stolen during several months […] by the
FARC 57th Front.”213
116. Also, as indicated by the State and by some of the probative documents, during the days
in which Operation Genesis was conducted, there had been fighting involving the FARC guerrilla
beside the Cacarica River on the western bank of the Atrato River.214 The representatives and
the Commission did not contest this information.
210
Cf. Ombudsman’s Office, Apartadó Regional Office, Complaint 9745030-Cacarica-Operation Genesis-03-231997 (evidence file, folio 50733).
211
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 14810).
212
Cf. Statement of Fredy Rendón Herrera of November 7, 2007, before the National Human Rights and
International Humanitarian Law Unit, in volume 2 of case file 2332 (evidence file, folio 17361); statement of Fredy
Rendón Herrera provided on October 8, 2008, before the National Human Rights and International Humanitarian Law
Unit, in volume 4 of case file 2332 (evidence file, folio 17476); Voluntary confession made by Fredy Rendón Herrera on
March 13, 2009, in volume 9 of case file 2332 (evidence file, folio 18374); Fredy Rendón Herrera, Minute by minute of
the Collective voluntary confessions of the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis –
Cacarica, Medellín, April 28, 2010, in volume 8 of case file 2332 (evidence file, folios 1872 to 1873); Fredy Rendón
Herrera, statements of the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis - Cacarica, April 29,
2010, Medellín, in volume 8 of case file 2332 (evidence file, folios 17906 and 17921); Testimony of Diego Luis
Hinestrosa Moreno of August 29, 2008, before the 14th Special Prosecutor, Human Rights and International
Humanitarian Law Unit, in volume 2 of case file 2332 (evidence file, folio 17396); Voluntary confession made by Diego
Luis Hinestroza Moreno on April 2, 2008, in volume 9 of case file 2332 (evidence file, folio 17249), and Julio Cesar Arce
Graciano, Minute by minute of the Collective voluntary confessions of the candidates of the Elmer Cárdenas Bloc
concerning Operation Genesis – Cacarica, Medellín, April 28, 2010, in volume 8 of case file 2332 (evidence file, folio
17891).
213
Cf. Ombudsman’s Office, Apartadó Regional Office, Complaint 9745030-Cacarica-Operation Genesis-03-031997 (evidence file, folio 50731).
214
Cf. Ombudsman’s Office, Apartadó Regional Office, Complaint 9745030-Cacarica-Operation Genesis-01-031997 (evidence file, folio 50734); Testimony of William Soto Salcedo, 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, of April 29, 2010 (evidence file, folios 19178 and 19179); Testimony of Alberto García Sevilla,
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, of April 29, 2010 (evidence file, folio 19187);
Testimony of Fredy Rendón Herrera, 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, of April
29, 2010 (evidence file, folios 19192 and 19193).
46
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents