17
dwellings so that they could be taken over, with a view to activating centers of criminal operations, and
building trenches and holes in the ground for keeping persons who had been kidnapped.
75.
This situation led to the State intensifying its operations to return order to Comuna 13.
These included Operations Mariscal, Orión, Potestad, and Antorcha, among others. The implementation
of these operations was part of a Plan for Social Recovery whose first phase consisted of regaining
control of Comuna 13, so as to then achieve social consolidation with the presence of the State, with a
view to improving economic conditions in the comunas.
76.
The State describes the objectives of Operation Orión in particular – carried out from
October 16 to 20, 2002 – in its observations:
The operation consists of carrying out a continuous (72 hours) military operation of occupation,
offensive movement, military control and consolidation in support of the National Police, DAS,
CTI, Office of the Attorney General, and other security agencies of the State against the different
illegal armed organizations engaged in criminal activity in the general area of Comuna 13 in the
city of Medellín with the aim of preserving the security and physical integrity of the force, and
17
especially of the civilian population that lives in the sector.
77.
The State indicates that civilian, military, and police authorities participated in
Operation Orión, and searches of homes were conducted for five days. The State identified, in its
observations on the merits, some of the results of this operation, including the criminal prosecution of
170 persons as a result of being accused and recognized in a lineup by victims, who would accuse them
of the crimes of conspiracy to engage in criminal conduct, rebellion, terrorism, homicide, and
kidnapping, among others. The State also mentioned the arrest of 48 persons – pursuant to valid arrest
warrants – by different prosecutorial authorities for crimes of rebellion (26), conspiracy to engage in
criminal conduct (12), homicide (1), and kidnapping (9). Search and military control operations were
conducted in the area that succeeded in countering illegal armed groups while consolidating and
guaranteeing the peace, security, and physical integrity of the civilian population. The State indicates
that all the efforts made during Operation Orión were accompanied by a permanent commitment to
respect the human rights and fundamental freedoms of the civilian population.
78.
The State presented some comparative figures on crime rates before and after
Operation Orión, kept by the Office of the Undersecretary for Civil Order – Unit of Citizen Harmony of
the Office of the Chief of Staff (Secretaría de Gobierno) of the City of Medellín. The State is of the view
that after Operation Orión important results were attained in reducing crime and homicides, and
minimizing the effects caused by the groups of militias and autodefensas in terms of limiting the
exercise of civil rights by the population, while also installing schools, information posts on jobs offered
by the city government of Medellín, and strengthening the San Javier Intermediate Medical Unit with a
special group of physicians and medicines.
79.
Several of the operations mentioned were carried out during the state of internal
commotion decreed August 11, 2002, by Decree 1837, whose constitutionality was upheld by the
Constitutional Court in Judgment C-802-2002. Such states of internal commotion are permitted by the
American Convention on Human Rights at Article 27(1), and the restrictions on human rights allowed in
this article must be based on criteria of necessity and proportionality in pursuing a legitimate aim. The
17
Note DIDHD/GOI No. 77119/2954 from the Colombian State, November 15, 2012, p. 25.