3 received on July 2, 2009. On August 10, 2009, the State requested an extension of 15 days to present its response which was granted on August 12, 2009. On September 1 and October 8, 2009, the State sent the IACHR its allegations on the merits with their annexes, respectively. B. Proceedings for Precautionary Measures 12. On December 17, 1997, the IACHR issued precautionary measures MC 70/99, after determining in its in loco visit that the displaced communities of Cacarica had been the targets of threats and violence by paramilitaries. The measures were issued in favor of those who were in “the displaced 3 encampments of Turbo, including the municipal sports arena, and in the dwellings they had constructed.” The IACHR subsequently issued precautionary measures in favor of the displaced persons in Bocas de Atrato, Quibdó, and in 1998 requested information on the displaced who had settled in Bahía Cupica. 13. In April 2001, a precautionary measures hearing was held in Bogotá. On November 13, 2001, and on October 17, 2002, during the 113th and 116th IACHR periods of sessions, precautionary measures hearings were held in Washington, D.C. In May 2002, a precautionary measures hearing was held in Bogotá. 14. On April 4, 2003, on receiving information about an incursion by approximately 300 armed men into the humanitarian zone of “Nueva Vida” which had taken place on March 11, 2003, the IACHR requested as a matter of urgency that the State “maximize the measures necessary to comply with the precautionary measures granted”. In July 2003, the IACHR undertook a visit to Colombia and verified the security conditions of the communities with regard to the precautionary measures. In addition, a working meeting was held between June 22 and 23, 2003. 15. On October 15, 2003, and March 3, 2004, a hearing and working meeting on precautionary measures were held during the 118th and 119 IACHR’s period of sessions, respectively. On October 19, 2005, a working meeting was held during the 123rd IACHR period of sessions. The parties continued to inform on the beneficiaries’ situation and the implementation of the precautionary measure up until 2008. 16. On April 18, 2006, the State requested that the IACHR transfer the documents of the precautionary measures case file to the petition’s case file. The IACHR considered that this request was 4 relevant to the overall analysis of the petition’s subject matter. 17. The precautionary measures remain in force at the date of the approval of this report and encompass the Afro-descendant communities associated in CAVIDA and relocated onto the collective lands on the Cacarica river. III. POSITIONS OF THE PARTIES ON THE MERITS A. Position of the Petitioners 18. The petitioners allege that the State is responsible for the violation of Articles 4, 5, 8, 11, 17, 19, 21, 22, 24 and 25 of the American Convention, in relation to Article 1.1 to the prejudice of the Cacarica communities associated in CAVIDA, and the displaced women head of household in Turbo and for the violation of Articles 4, 5, 8, 11, 17, 19 and 25 of the same instrument in relation to Article 1.1 to the prejudice of Marino López and his family. 5 19. They allege that between February 24, and 27, 1997, the 23 Afro-descendant communities living the Cacarica river basin were affected by a series of aerial and land bombardments, 3 IACHR Communication to the State of December 19, 2001 in precautionary measures proceedings MC 70/99. 4 IACHR, Report No. 86/06, Petition 499-04, Admissibility, Marino López et , October 21, 2006, para. 6. 5 See infra IV.C.1. Prior Considerations.

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