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indiscriminate bombarding of "Operation Genesis" and the paramilitary raids - in the course of which
Marino López was tortured and murdered - affected the Afro-descendant communities of the Cacarica
river basin, and caused their forced displacement. These events which form part of a pattern of massive,
systematic and generalized violence were undertaken in the context of the armed conflict in Colombia, in
violation of the human rights of the Afro-descendant communities in the Cacarica basin associated in
CAVIDA, and of the women head of household living in Turbo, and therefore constitutes a crime against
humanity.
2.
The State of Colombia has not investigated the human rights violations committed either
against Marino López, the members of the Afro-descendant communities of the Cacarca basin associated
in CAVIDA, or against the women head of household living in Turbo in a speedy and efficient manner, nor
has it examined the numerous violations committed during "Operation Genesis", the paramilitary raids, or
the violations occurring as a result of these, and the forced displacement they caused. In this sense, the
Commission concludes that the courts have acted with a lack of diligence in promoting the criminal trials
aimed at clarifying the acts of violence and at punishing all the perpetrators.
4.
Finally, the Commission concludes that the human rights violations produced during
"Operation Genesis", the paramilitary raids and their aftermath still remain in impunity.
5.
In light of the above, the State of Colombia is responsible for the violation of rights, set
out in the following Articles of the American Convention:
a)
Articles 4 and 5 of the American Convention, in relation to Article 1.1 to the prejudice of
Marino López, and Article 5 to the prejudice of his immediate family;
b)
Article 5 of the American Convention, in relation to Article 1.1 to the prejudice of the
members of the Cacarica communities associated in CAVIDA, and the women head of household
living in Turbo, and also in relation to Article 19, to the prejudice of their children and Marino
López's children;
c)
Article 22 of the American Convention, in relation to Articles 1.1, 5, 11, 17, 19, 21, and 24
to the prejudice of members of the Cacarica Afro-descendant communities associated in CAVIDA,
and the women head of household living in Turbo, and also in relation to Article 19, to the
prejudice of their children;
d)
Articles 8 and 25 of the American Convention, in relation to Article 1.1 and to Articles 1, 6
and 8 of the Inter-American Convention to Prevent and Punish Torture, to the prejudice of Marino
López's immediate family;
e)
Articles 8 and 25 of the American Convention, in relation to Article 1.1, to the prejudice of
the members of the Cacarica communities associated in CAVIDA and the women head of
household living in Turbo.
VI.
RECOMMENDATIONS
410.
Based on the arguments of fact and law hereinbefore expressed,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS:
1.
Carrying out a comprehensive, impartial, effective and prompt investigation into the
events with the aim of establishing and punishing the material responsibility of the masterminds and of all
those individuals who took part in the events causing the forced displacement of the Cacarica Afrodescendant communities associated in CAVIDA, of the women head of household living in Turbo and to
determine responsibility for the lack of an effective investigation which has lead to impunity for the events.
Such investigation shall be conducted from the perspective of the group affected and take into
consideration the type of discrimination they suffer.