The facts of the case relate to the human rights violations committed against the afrodescendent communities in the Cacarica River Basin, Chocó region, as a consequence of “Operation Genesis” carried out by Colombian military forces between February 24 and 27, 1997. Said events caused the death of Marino López Mena and the forced displacement of hundreds of people.

These events took place within the context of armed conflict in Columbia, especially within the framework of extreme violence in the region of Urabá, where illegal groups travelled along riverbanks to traffic arms and illegal drugs, the expansion and territorial control of paramilitary groups and their operations in conjunction with the State’s military forces.

The IA Court recalled its jurisprudence regarding the State’s responsibility for the actions the military carried out in conjunction with paramilitary groups, and reaffirmed the need to interpret the scope of treaty obligations in light of international humanitarian law. The IA Court established the State’s responsibility for the forced displacement of hundreds of people and the violation of the right to movement and residence, resolving that this right was violated by the failure to comply with obligations to guarantee humanitarian assistance and the safe return of displaced peoples.

The IA Court also referenced the rights of children in relation to the obligation of special protection in the context of a non-international armed conflict. Furthermore, it has developed standards with regard to the content of the right to private and collective property.