the definitive list. They indicated that the list declares the status of displaced, but does not
establish this676 and that, prior to this, there were other lists and, in this regard, it attached a
series of statements by public officials confirming the existence of such lists. They had
crosschecked the list attached to the motions and arguments brief with (a) a census conducted
by the Social Solidarity Network (RSS), entity attached to the Administrative Department of the
Presidency of the Republic of Colombia, between 1998 and 1999,677 and (b) another census
conducted by the RSS and the Agrarian Institute (a financial entity entitled Agrarian Credit
Institute with the mandate of granting credits to Colombian farmers) in the context of the “Vivir
Mejor” rural housing program.678 Based on the said crosschecks, they concluded that “there is
no doubt that the 531 victims represented by the Comisión Intereclesial de Justicia y Paz before
the inter-American system of human rights, has been fully identified by State entities at the
time of the forced displacement and subsequently.
A.2. Considerations of the Court
A.2.1 The victims of the forced displacement
420. Based on the list of 531 presumed victims presented by the representatives with the
motions and arguments brief (hereinafter “the list of victims”) (supra para. 38), the Court will
proceed to determine who will be considered victims in this specific case.
421. First, the Court notes that, apparently by an involuntary omission of the representatives,
the victim Jhon James Oviedo Granada – listed as No. 29 in the report of the Commission and
currently on the list of victims – was not excluded, even though the representatives had
identified him as one of the persons who “owing to the passage of time and the rigor of the
armed conflict, had abandoned the community many years ago and the Comisión Intereclesial
de Justicia y Paz had been unable to locate him and contact him.”679 Therefore, the Court will
not take into account the name of Jhon James Oviedo Granada on the list of victims in this case.
422. Also, the State indicated that only 28 of the persons on the list of victims were registered
in the Justice and Peace Inter-institutional Information System. In this regard, the Court
indicates that the fact that a person does not appear on the said list in no way affects the status
as victim of a person in the instant case, because although it is true that this is a national list
with which the Justice and Peace jurisdiction in Colombian operates, the fact that a persons has
not appeared as a victim in the Justice and Peace proceedings bears no relationship to the
proceedings before the inter-American system. Therefore, the Court finds that this argument by
the State is not relevant to determine the list of victims in the instant case.
423. The Court will not make a detailed analysis in relation to the crosscheck made between
the list of presumed victims in this case and the list of 581 persons presented by the
representatives in 2006 in their request for precautionary measures, because the objectives of
676
During the public hearing, the representatives affirmed that there were factual grounds that reveal the status
of victims of the facts of this case, because they have maintained direct contact with the State, and are part of an
association with which the previous Presidents (Ernesto Samper Pizano and Andrés Pastrana Arango) signed
agreements, a situation that was verified by the Public Prosecution Service.
677
The representatives advised that, on crosschecking this census, known as “Presidency of the Republic-Social
Solidarity Network b, d, e and f. Families returned to Cacarica, including the settlements of Esperanza en Dios and
Nueva Vida, census taken and forwarded by the Urabá Territorial Unit,” against the list of the motions and arguments
brief, 425 persons appeared in the census; thus, there is a difference of 106 of the 531 persons.
678
The representatives advised that crosschecking the 531 victims in the motions and arguments brief against the
census conducted by the RSS and the Agrarian Institute revealed that 47 of the victims appear on that census.
Regarding the remaining persons, three of them had relocated temporarily to Bogota until very recently, and 24 were
displaced in other parts of the country.
679
Motions and arguments brief (merits file, folio 356). Also, List of victims (evidence file, folio 8215).
133
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