97.
It is clear from the evidence141 and from some expert opinions that the FARC 57th Front
was present in the area of the Caño Seco village and the banks of the Salaquí River, as well as
in the general area of the district of Bajirá. Specifically, the expert witness offered by the State,
Colonel María Paulina Leguizamón Zarate, indicated, without this being challenged by the
representatives or the Commission, that the criminal actions of this FARC front “affected the
inhabitants of the region, because it perpetrated kidnappings, murders, and other types of
activities […] against the civilian population and members of the Armed Forces.”142 In addition,
there was information that, on January 16, 1997, 10 marines were kidnapped when their patrol
was attacked in the place knows as El Rota;143 and also that, on January 9, 1997, the
municipality of Riosucio was seized by the guerrilla. 144 Furthermore, there was also information
that, around the same time, the Armed Forces were present in the area in which the events of
the instant case occurred, mainly in the region of Urabá, with Units of the Navy, the Urabá
Police Command, and the Army’s 17th Brigade, headquartered in Carepa, Antioquia;145 the latter
under the command of General Rito Alejo del Río Rojas.146
Disputed facts
98.
According to an initial version of the facts, based on evidence in the case file provided by
State institutions and other sources, “towards the end of 1996, the Armed Forces […] launched,
together with […] the AUC, a campaign to eradicate the guerrilla forces from the region of Bajo
Atrato,” in order “to regain control of the territory where the guerrilla were present in the
Cacarica river basin,”147 and this campaign tried to prevent the guerrilla forces from obtaining
support from the civilian population, especially that of the communities that lived near the
tributaries of the Atrato River, areas where, traditionally, the FARC maintained a strong
presence. According to that version of the events, the Army had initially placed controls on the
Atrato River imposing strict limits on the quantity of products that the residents of these
communities could transport. The economic blockade lasted several months and had been
followed by a series of joint operations by the Army and the paramilitaries, which resulted in the
massive displacement of many communities of the municipality of Riosucio, in the region of
Bajo Atrato.148
9, 2009, to the 122nd and 48th Regional Prosecutors delegated to the Justice and Peace judges (evidence file, folios
17198 and 17199).
141
Cf. Colombian Military Forces, National Army, 17th Brigade, Report of March 6, 1997 (evidence file, folio 5529).
142
“Operation Genesis Report” cited in the affidavit dated January 31, 2013, prepared by María Paulina
Leguizamón Zarate, expert witness proposed by the State (evidence file, folio 15422).
143
Cf. “Operation Genesis Report” cited in the affidavit dated January 31, 2013, prepared by María Paulina
Leguizamón Zarate, expert witness proposed by the State (evidence file, folio 15422) and Colombian Military Forces,
National Army, 17th Brigade Operations Order No. 004 “Genesis”, February 1997 (evidence file, folio 1406).
144
Cf. Ombudsman’s Office, Press communiqué No. 127 of January 11, 1997 (evidence file, folio 51392), and
Patrol report prepared by Major M. P. T. M., Commander of Special Forces Battalion No. 1,” cited in the affidavit dated
January 31, 2013, prepared by María Paulina Leguizamón Zarate, expert witness proposed by the State (evidence file,
folio 15423).
145
Cf. Ombudsman’s Office. Decision No. 025 of the Ombudsman on the massive human rights violations and
forced displacement in the Bajo Atrato region of Chocó, October 2002 (evidence file, folio 230). Also, Eighth Criminal
Court of the Bogota Special Circuit, file 2009-063, defendant Rito Alejo del Río, judgment of August 23, 2012 (evidence
file, folio 14804).
146
Cf. Public Prosecution Service, Appeal for review No. 30510 filed before the Supreme Court of Justice, Criminal
Cassation Chamber on February 18, 2009 (evidence file, folio 1065). Eighth Criminal Court of the Bogota Special Circuit,
file 2009-063, defendant Rito Alejo del Río, judgment of August 23, 2012 (evidence file, folio 14804).
147
Amnesty International, Colombia. Return to hope - forcibly displaced communities of Urabá and Medio Atrato
region, June 2000 (evidence file, folio 1157).
148
Cf. Eighth Criminal Court of the Bogota Special Circuit, file 2009-063, defendant Rito Alejo del Río, judgment of
August 23, 2012 (evidence file, folio 14805). See also Voluntary confession of Fredy Rendón of April 30, 2010, in case
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