In accordance with what has been indicated by several State institutions, different United Nations
bodies and agencies (the Commission on Human Rights, the Office of the High Commissioner for
Human Rights, the Human Rights Committee of the International Covenant on Civil and Political
Rights29, and the ILO30) have referred to this context of connections between the Armed Forces and
the paramilitaries. Lastly some expert opinions presented in these proceedings,31 and in other
proceedings before the Court32 (incorporated into the documentary evidence of this case) reveal
these connections.
2.
The Situation in the Municipality of Aguachica; the actions of illegal
armed groups and the links between some of them and State agents
41.
The municipality of Aguachica is located in the south of the Department of Cesar and at the
time of the events was a militarized region with a large presence of illegal armed groups. 33 According to a
report issued in 1995 by investigator with the Unit for Crimes against Life and Personal Integrity "the best
way to ensure survival [in this area] [was] being part of any of the groups perpetrating the violence
(subversives and paramilitaries), where most of those affected [by violence were] not part of them."34
According to the statement of a Deputy of the National Police "most acts of violence that were then happening
in this region were a result of subversion and private justice groups sponsored and financed by the PRADA
family, headed by ROBERTO PRADA and his brothers JUANCHO and MARTINIANO".35
29 I/A Court H.R., Case of the Afro-descendant communities displaced from the Cacarica River Basin (Operation Genesis) v.
Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 20, 2013. Series C No. 270. Citing Cf. United
Nations, Commission on Human Rights, Report of the Representative of the Secretary-General on internally displaced persons submitted
in accordance with Commission resolution 1999/47, E/CN.4/2000/83/Add.1, para. 25 (evidence file. folio 1571). United Nations High
Commissioner for Human Rights, Reports on the Situation of Human Rights in Colombia: E/CN.4/2001/15, 20 March 2001, para. 131
(evidence file, folio 2601); E/CN.4/2005/10, 28 February 2005, para. 149, Annex No. II, paras. 5, 6, 7 and 8 (evidence file, folios 2337 and
2348); E/CN.4/2004 /13, 17 February 2004, paras. 23, 24, 65 and 73 (evidence file, folios 2382, 2383, 2392, and 2393);
E/CN.4/2003/13, 24 February 2003, paras. 9, 34, 44, 74, 75 and 77 (evidence file, folios 2445, 2450, 2452, 24659 and 2460);
E/CN.4/2002/17, 28 February 2002, para. 62 (evidence file, folio 2520); E/CN.4/2000/11, 9 March 2000, paras. 25, 110 and 111
(evidence file, folios 2640, 2657 and 2658); E/CN.4/1998/16, 9 March 1998, paras. 29, 90, 91 and 175 (evidence file, folios 744, 751 and
762). See also, United Nations, Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the
Covenant. Concluding observations of 5 May 1997, para. 17; 4 August 2010, para. 8, and 26 May 2004, para. 12
30 I/A Court H.R., Case of the Afro-descendant communities displaced from the Cacarica River Basin (Operation Genesis) v.
Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 20, 2013. Series C No. 270. Citing Cf. ILO,
Committee of Experts on the Application of Conventions and Recommendations (CEACR), individual observation, 2009, pp. 78 and 79.
31 I/A Court H.R., Case of the Afro-descendant communities displaced from the Cacarica River Basin (Operation Genesis) v.
Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 20, 2013. Series C No. 270. Citing Cf. Expert
opinion provided by Javier Ciurlizza, expert witness proposed by the Commission, before the Inter- American Court of Human Rights
during the public hearing on February 12, 2013: “[...] The existence of connections between paramilitary groups and some local economic
or political agents is public knowledge [...].” Anthropological appraisal provided by Jesú s A. Flores Ló pez, proposed by the
representatives, before the Inter-American Court of Human Rights on February 12, 2013
32 I/A Court H.R., Case of the Afro-descendant communities displaced from the Cacarica River Basin (Operation Genesis) v.
Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 20, 2013. Series C No. 270. Citing Cf. Sworn
statement by Federico Andreu Guzmá n. Case of the Mapiripán Massacre and the La Rochela Massacre v. Colombia. In different parts of his
statement, Mr. Andreu referred to the existence of connections between paramilitary groups and soldiers.
33 Investigative Report into the Puerto Patiño (Cesar) Massacre, of February 13, 1995. Directorate of Judicial Police and
Investigation. Unit for Crimes against Life and Physical Integrity. Annex to the petitioners’ brief of April 23, 1997 and of March 3, 1999.
Interrogation of Army Major Jorge Alberto Lázaro Vergel, dated March 17, 1995, in the case of the Puerto Patiño village massacre, case
file 008-152218 of the Delegate Human Rights Procurator’s Office, folder of Annexes No 1, pp. 57 to 79. Annex 24 to the petitioners’ brief
of November 10, 2010.
34 Investigative Report into the Puerto Patiño (Cesar) Massacre, of February 13, 1995. Directorate of Judicial Police and
Investigation. Unit for Crimes against Life and Physical Integrity. Annex to the petitioners’ brief of April 23, 1997 and of March 3, 1999.
35 Complaint filed by member of the Police Jorge Fredy Monroy Ávila on February 23, 1995, case file No. 397 of the Human
Rights Unit of the National Prosecutor’s Office, Bucaramanga, folder No. 2, pp. 223 - 227. Annex 27 to the petitioners’ brief of November
10, 2010.
9