and men were travelling, in the village of La Honda, Cacarica collective territory, which adjoins the
Atrato River. The paramilitaries had threatened them and had told the Embera that they would be
watching them in the municipality of Ríosucio, indicating that, there, the paramilitaries were in
control of everything;
x)
On February 27, 2013, three individuals identified as “Urabeño paramilitaries” detained a
boat in which inhabitants of Cacarica, members of CAVIDA, were travelling, including Ángel Nellys
Palacios who had testified during the public hearings held before the Court during the consideration
of the case of Marino López et al. (Operation Genesis) v. Colombia; 15
y)
On February 28, 2013, there had been confrontations between the 17th Brigade and
members of the FARC. The attacks lasted more than an hour and took place more than three hours
away from the Nueva Vida Humanitarian Zone;
z)
On March 2, 2013, near the village of San Higinio, Cacarica, fresh confrontations occurred
between the Army (54th Forest Battalion) and the FARC guerrilla. The battle lasted an hour. It should
be noted that this was presumably the second confrontation within three days, 16 and
aa)
Danilo Rueda, member of the Comisión de Justicia y Paz, stated that he had been followed
and threatened in the context of the attacks on the team that accompanied the victims in the case of
Marino López et al.
5.
The arguments of the representatives to justify their request for provisional measures,
among which, they indicated:
a)
The paramilitaries had set up permanent checkpoints in Turbo, Tumaradó, La Honda and
Ríosucio, which were characterized by being transit points for the entry of food and goods, as well as
the way out for surpluses, and for institutional procedures and arrangements;
b)
The impossibility for the 13 members of CAVIDA and the women heads of household in
Turbo to move about freely without being subjected to harassment and comments from the
paramilitaries;
c)
The actual connivance, tolerance and inaction of law enforcement personnel in relation to
the paramilitaries;
d)
The absence of safe conditions for those who have denounced the armed operations, and
the actions of the companies Maderas del Darién Pizano S.A. and CI Multifruits Ltda. before the
domestic and the international courts;
e)
The actions of General Rito Alejo Del Rio and Fernando Londoño Hoyos, designed to delay
or to prevent the judicial proceedings;
f)
The continuing armed operations, confrontations between the military forces and the FARC,
which have recently become more frequent;
g)
The fact that the State is aware of the facts, because, although it has taken some steps to
avoid irreparable damage, these have not been sufficient, because they have not brought about a
real structural change that provides an effective response to the dangers, and
h)
The existence of a generalized context of violations of the right to justice and the right to
the truth that had has prevented the State from recognizing the grave human rights violations and
the usurpation of the lands of the communities, thus encouraging similar cases to continue to occur.
15
They also indicated that the paramilitaries told the crew that, in order to cross the river at that point, they must
bring three gallons of gasoline on each crossing they made, and that they were obliged to inform the other communities
of the municipality of Riosucio about this order. In addition, the paramilitaries warned the members of CAVIDA that, if
they continued to denounce the facts, “one of them would be forcibly silenced, to see if they would learn their lesson,”
reiterating the support that the paramilitaries received from law enforcement personnel, owing to which they could
move around Turbo and Riosucio without any problem.
16
In their brief of March 3, 2013, the representatives informed the Court of new incidents that, in their opinion,
demonstrated the situation of extreme gravity and urgency.
6