violation of the rights to life and to personal integrity, recognized in Articles 4 and 5 of the
Convention.
B.2. Alleged responsibility of the State in the paramilitary incursions in the Cacarica
river basin and, consequently, in the incursion that resulted in an alleged violation of
the rights to life and to personal integrity of Marino López, which had presumably led
to the forced displacement of members of the Cacarica communities, in alleged
violation of the rights to personal integrity and not to be displaced
241. The undisputed facts are that: (a) Operation Genesis commenced on February 24, 1997,
and during its execution at least seven of the eight objectives included in Operations Order 004
were attacked (supra para. 101); (b) paramilitaries of the “Chocó Group” were in Bijao and
killed Marino López on February 27, 1997 (supra para. 108); (c) the paramilitaries ordered the
inhabitants of Cacarica to abandon their possessions and to displace (supra para. 102); (d) over
the period of time that coincides in part with the implementation of Operation Genesis,
numerous inhabitants of the Cacarica river basin had to move to Turbo, Bocas de Atrato and
Panama (supra para. 111), and (e) the commander of the 17th Brigade that participated in the
events was convicted in first instance as having command responsibility for the murder of
Marino López (supra para. 179).
242. Regarding the planning and implementation of the so-called “Operation Cacarica,” as well
as the presumed responsibility of the State for the death of Marino López, the Court reiterates
that there were two versions of what happened, revealed by both the evidence in the case file
and the arguments of the parties and of the Commission (supra paras. 103 to 106).
243. On the one hand, the version presented by the representatives and the Commission
indicates that, simultaneously and in coordination with Operation Genesis, the ACCU
paramilitary groups, executing the so-called “Operation Cacarica,” advanced from north to
south from the Los Katios National Park along the Cacarica River, passing through Bijao and
other communities located on the banks of this river, to finally arrived on the banks of the
Salaquí and Truandó Rivers, where they allegedly executed joint operations with the Army.
Similarly, some of the evidence in the case file would appear to indicate that the execution of
Operation Genesis was simultaneous and coordinated with the actions of the paramilitaries
(supra para. 104).
244. On the other hand, the State’s version maintains that not only the Armed Forces did not
bomb the Cacarica River basin, but neither were they present in this geographical area, and
that the FARC guerrilla was responsible for the forced displacement that took place at that time.
According to this version, there was neither collaboration, support nor coordination with the
paramilitary groups and the attacks conducted by the Colombian Armed Forces were only
directed against the seven aforementioned objectives (supra para. 106).
245. The evidence that supports the first version of the events is as follows: (a) testimonial
evidence of inhabitants of the area; 475 (b) voluntary confessions of paramilitaries demobilized
under the special Justice and Peace procedure;476 (c) statements of some members or former
members of the Armed Forces;477 (d) investigations, reports and conclusions of the Prosecutor
475
Cf. Affidavits prepared by Jhon Jairo Mena, Eleodro Sanchez Mosquera, Marco Fidel Velásquez and Ernestina
Valencia Teheran on January 21, 2013 (evidence file, folios 14982, 14983, 15011, 15012, 14949, 14950, 15021 to
150274 ); and Testimony of M.A.C.M. before the Prosecutor General’s Office, National Human Rights and International
Humanitarian Law Unit, on December 11, 2002 (evidence file, folio 632).
476
Cf. Statements made by William Soto Salcedo and Alberto García Sevilla, Collective voluntary confessions of
the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica before the 48th Delegate
Prosecutor, Justice and Peace Unit, Medellín, April 29, 2010 (evidence file, folio 19177 to 19179, 19188 and 19189).
477
Cf. Statements made by Colonel C.A.V.R. before the Prosecutor General’s Office, National Human Rights and
International Humanitarian Law Unit, on May 8, 1998, and before the Prosecutor delegated to the Supreme Court of
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