234. The State indicated that the inhabitants of Bijao, a community located around 30
kilometers to the north of Teguerre, the nearest Operation Genesis objective,468 could never
have heard bombing so far away,469 because this was carried out near the Salaquí and Truando
Rivers. However, the Court can infer, reasonably and consistently with the rest of the evidence,
that the bombing heard by the inhabitants of both Bijao and the nearby villages (Puente
América or El Limón) may have corresponded to the bombing that took place at Loma de
Cacarica, located around 10 or 11 kilometers away.470
235. Also, according to the voluntary confessions of some paramilitaries during the special
Justice and Peace procedure, no bombing was heard during the execution of Operation
Cacarica.471 Their statements even reveal that they were able to see the craters made by the
explosions when they continued on towards the area of Salaquí, which coincides with several of
the places indicated by the State as the objectives of Operation Genesis.472
Indictment in case file 2332: “[…] since it is therefore appropriate to conclude that there was a common project
between the self-defense forces and the Army, on the one hand the ACCU, and its desire for political and territorial
domination and, on the other, the Army and its desire to conquer the FARC subversive group […]. In this region of
Chocó department, especially in the area between the municipalities of Riosucio, Carmen de Darién and Murindó
(Antioquia), where […] at the time of the event, […] the Elmer Cárdenas paramilitary front of the Self-Defense Forces
were present, together with the 57th and 34th Fronts of the Revolutionary Forces of Colombia, the combined group that
we will hereinafter call “Collusion between Self-Defense and Paramilitary Forces” and members of the Army’s 15th and
17th Brigades, who maintained, either individually or in alliances, continuous confrontations with the known results […]”
(evidence file, folios 8862 and 8863); “[…]Conclusion II: The death of Marino Lopez Mena was not isolated; it formed
part of a strategy of paramilitary consolidation, occupation of territory, and subjection of a common enemy (emphasized
in the original) […] inflicting terror in order to achieve the displacement of a non-combattant civilian population,
possession of territories and, thus, achieving a point of the conflict that was positive for Castaño’s objective and
profitable for del Río’s interest […]” (evidence file, folio 8873); […] Conclusion III: One of the strategies included in the
agreement between the Self-Defense Forces and the Army was simultaneous attacks: on the one hand Operation
Genesis by the Army, and on the other hand, the AC Elmer Cárdenas Group (perpetrators of the murder). The effect
was felt throughout the territory to be taken over; we observe that the sound of the explosive devices launched during
this action, naturally, had disastrous effects in Salaquí, but was also felt in a place called Bijao, so that it can be
concluded that the effect was felt by all those located in these river valleys. Equally disastrous and generalized was the
effect of the death of Marino, because it resulted in displacements throughout the territory; consequently, it merges into
a single context, in other words, Operation Genesis and the action of the Elmer Cárdenas Bloc giving rise a third group
called “Collusion between Self-Defense and Paramilitary Forces,” which carried out the joint task that, in addition,
generated an immense terror, and caused the death of some, such as Marino Lopez Mena, and sent others “mad,” and
led to the destruction of the context of their life […] (evidence file, folio 8875); “[…] The Operations took place
simultaneously and the illegal group remained for at least 10 days, clearly proving the relationship between General
Rito Alejo del Río and the paramilitary group to facilitate, through a third combined group, the common objectives
mentioned above […]. It has been proved that, in the sector or area of the Cacarica and Salaquí (adjoining), there was
a simultaneous and joint operation formed, on the one hand, by the so-called Genesis (military) and, on the other, the
death of Marino Lopez (self-defense forces), where aircraft (planes and helicopters) were used with capacity to cross
this reduced air space in instants, because the distance is 36.35 kilometers […]. There were no confrontations between
the troops and the self-defense forces; to the contrary, they met in a place called “Bocachica” and moved across the
area of Operation Genesis together in helicopters of the State […]” (evidence file, folios 8877 and 8878).
468
Bearing in mind that the nearest object would be objective No. 6: Puente América; however, since the State
denies that the Armed Forces attacked this objective, objective No. 5: Teguerre would be the nearest as the State has
recognized.
469
Cf. Affidavit dated January 31, 2013, prepared by María Paulina Leguizamón Zarate, expert witness proposed
by the State (evidence file, folios 15450 and 15451); Testimony of Luis Emilio Cardozo Santamaría, expert witness
proposed by the Colombian State, before the Inter-American Court of Human Rights during the public hearing on
February 12, 2013.
470
Distance calculated by the Court based on the coordinates provided by the State and not contested by the
representatives.
471
Cf. Voluntary confession made by Luis Muentes Mendoza in Report No. 116 of November 9, 2009, presented by
the Technical Investigation Corps to the 122nd and 48th Regional Prosecutors delegated to the Justice and Peace judges
(evidence file, folio 17165).
472
Cf. Voluntary confessions made by William Soto Salcedo, Alberto García Sevilla and Fredy Rendón in Collective
voluntary confessions of the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica before the
48th Delegate Prosecutor, Justice and Peace Unit, Medellín, on April 28 and 29, 2010: “on the way [from Boca Chica to
Lomas de Salaquí] we realized that there had been bombing, because between Teguerre and Salaquí there were
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