Santamaría during the public hearing before this Court,448 and voluntary confessions of
paramilitaries candidates under the Justice and Peace procedure.449 Also, regarding objective
No. 5 of Operation Genesis (Teguerre), the State alleged, without the representatives or the
Commission contesting this, that despite bearing the same names, objective No. 5 refers to a
different place to the community called “Teguerre Medio,”450 which is more than 20 kilometers
from the military objective.451 In this regard, the representatives alleged that the coordinates
provided by the State corresponding to objective No. 5 are within the territory of the
Community Council of the Cacarica River basin included in the collective land title granted by
Decree 841 of April 26, 1999, of the Colombian Agrarian Reform Institute (INCORA).452
230. The Court will now examine the hypothesis of the bombing carried out by the Colombian
Armed Forces on the communities of the Cacarica River basin as the supposed cause of their
forced displacement, assessing the evidence provided to the case file.
231. First, the first instance judgment of the Eighth Criminal Court of the Bogota Special
Circuit (supra para. 179) does not refer to bombings in the Cacarica River basin even though it
analyzed the presumed collaboration between members of the Colombian Armed Forces and
paramilitary groups in the context of Operations Genesis and Cacarica. Second, with regard to
the evidence from the Ombudsman’s Office, the Court notes that several documents refer to
bombings that took place in the region of the Salaquí and Truandó river basin and that had
been the main cause of the forced displacements of thousands of inhabitants of the region;
however, it does not mention that there had been bombings in the Cacarica River basin.453
232. Third, the testimonial evidence of the inhabitants of the area indicating that the
communities of the Cacarica river basin had been bombed is inconsistent and contradictory. For
example, the Court notes that: (a) several deponents made no reference to bombings;454 (b)
448
Cf. Affidavit dated January 31, 2013, prepared by María Paulina Leguizamón Zarate, expert witness proposed
by the State (evidence file, folio 15456), and Testimony of Luis Emilio Cardozo Santamaría, expert witness proposed by
the State before the Inter-American Court of Human Rights during the public hearing on February 12, 2013.
449
Cf. Fredy Rendón Herrera. Collective voluntary confessions of the candidates of the Elmer Cárdenas Bloc
concerning Operation Genesis – Cacarica before the Justice and Peace Unit, 48th Delegate Prosecutor, Medellín, April 28
and 29, 2010, and Statements of candidates of the extinct AC Elmer Cárdenas Bloc, regarding the so-called “Operation
Cacarica (Genesis), of October 24, 2007, and March 13, 2009 (evidence file, video minutes 14:17 16:03, 12:07 and
9:49:28, folios 19174, 19194, 19229, 19230 and 19231); Luis Muentes Mendoza, Collective voluntary confessions of
the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica before the Justice and Peace Unit,
48th Delegate Prosecutor, Medellín, April 28, 2010 (evidence file, video minute 16:06, folio 19175); William Soto
Salcedo, Collective voluntary confessions of the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis –
Cacarica before the Justice and Peace Unit, 48th Delegate Prosecutor, Medellín, April 29, 2010 (evidence file, video
minute 10:24, folio 19183); Diego Luis Hinestroza Moreno, Collective voluntary confessions of the candidates of the
Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica before the Justice and Peace Unit, 48th Delegate
Prosecutor, Medellín, April 29, 2010 (evidence file, video minute 11:11, folio 19186); Alberto García Sevilla, Collective
voluntary confessions of the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica before the
Justice and Peace Unit, 48th Delegate Prosecutor, Medellín, April 29, 2010 (evidence file, video minute 11:20, folio
19189); Franklin Hernandez Seguro, Statements of candidates of the extinct AC Elmer Cárdenas Bloc regarding the socalled “Operation Cacarica (Genesis), of August 6, 2008 (evidence file, video minute 14:47, folio 19243).
450
Cf. Map of the region, Communities before the displacement (evidence file, folio 5389).
451
Distance calculated by the Court based on the coordinates provided by the State and not contested by the
representatives.
452
Cf. Colombian Agrarian Reform Institute, Decree 841 of April 26, 1999 (evidence file, folio 47058).
453
Cf. Ombudsman’s Office, Decision of the Ombudsman No. 39: Human rights violation owing to the planting of
African palm on the collective territories of Jiguamiandó and Curvaradó, Chocó, of June 2, 2005 (evidence file, folio
47460); Ombudsman’s Office, Complaint No. 9745030 addressed to the Ombudsman on March 1, 1997 (evidence file,
folio 50734).
454
Cf. Statement made by Emedelia Palacios Palacios before the 21st Special Prosecutor, National Human Rights
and International Humanitarian Law Unit on February 10, 2007 (evidence file, folio 8927); Statement made by H.J.G.B.
before the Medellin Departmental Prosecutor, on February 24, 1998, file 426, volume 1, p. 192 (evidence file, folio
38984); Statement made by M.S. before the Medellin Departmental Prosecutor, on February 23, 1998, file 426, volume
1, pp. 187 to 190 (evidence file, folio 38980); Affidavits prepared by Henry Angulo Martinezy and Etilbia del Carmen
81
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