Furthermore, at that time, the President of the Court clarified that this request would be
completed by a written communication addressed to the State.
63.
In relation to the above, on March 8, 2013, pursuant to Article 58(c) of the Rules of
Procedure, the State was against required to provide various documents and information63 as
helpful evidence.64 Regarding this request, it is pertinent to reiterate, as the Court did in the
written communications to the parties,65 that, according to the provisions of the Rules of
Procedure, the Court may address itself directly to any organ or authority of the States Parties
to the Convention in order to request any information or documentation that it deems pertinent
called the “georeferencing” of cases and to the specific paramilitary blocs, each of which “had an accumulated history”
relating to “the leaders, the chain of command, the different connections, and the acts they had committed.” Cf.
Testimony of Javier Ciurlizza, expert witness proposed by the Commission, before the Inter-American Court of Human
Rights during the public hearing on February 11, 2013.
62
Expert witness Juan Pablo Franco referred to various documents of “CONPES” (the National Council for
Economic and Social Policy). The expert witness also referred to reports on forced displacement by the the Public
Prosecution Service and by the Ombudsman’s Office. He also alluded to the Early Warning System (EWS) of the
Ombudsman’s Office and to the Historical Memory Center. Cf. Testimony by affidavit of Juan Pablo Franco, expert
witness proposed by the State, dated January 31, 2013 (evidence file, folios 15335).
63
The State was asked to provide: (a) all the documentation, both confidential and public, annexes or of any
other nature, produced before and after, in relation to Operations Order 004 of February 1997 / Operation Genesis of
the Armed Forces, in particular, all military intelligence information; (b) all the military inteligence documentation, both
confidential and public, annexes or of any other nature, that refers to illegal armed groups in the Cacarica region during
1996 and 1997, with special emphasis on the “Elmer Cárdenas” paramilitary bloc; (c) as requested in the Secretariat’s
note of February 7, 2013, that it provide the pertinent explanations or forward, as soon as possible, the missing
information in relation to the request made in the fourteenth operative paragraph of the Order of the President of
December 19, 2012; (d) based on the information emerging from the expert opinions that had been presented, the
State was asked to present all the CONPES documents prepared by the National Council for Economic and Social Policy,
National Planning Department, that refer to the situation of the Afro-descendant communities of the Urabá, and to the
situation of forced displacement in Colombia, especially in the Urabá region. The said documents should be presented
accompanied by the corresponding annexes and references, and (e) based on the information presented by the
deponent for information purposes, Miguel Samper Strouss, all the documentation and reports contained in the
Historical Memory Center, which is attached to the Administrative Department for Social Prosperity, that refer to the
acts of violence against the Afro-descendant communities of the Urabá Chocóano during 1996 and 1997 and, in
particular, against the Cacarica communities in the municipality of Riosucio. This should also include the information and
reports of the former National Reparation and Reconciliation Commission (CNRR), including its Regional Offices and the
Historical Memory Unit attached to the CNRR before the promulgation of the Victims Law. Furthermore, the Prosecutor
General’s Office was asked to provide: copy of the complete, digitized files, with a detailed table of contents, including
all the decisions or judgments delivered and the probative elements contained in them, of the following: (a) criminal
investigation No. 5767 (today 426) against retired General Rito Alejo del Río; (b) criminal investigation No. 2332
against retired General Rito Alejo del Río and some members of the “Elmer Cárdenas” paramilitary group; (c) the
investigations conducted under Law 975 of 2005 in relation to the events of this case and the displacements in the
Urabá Chocóano region, including the complete voluntary confessions and their transcripts if they exist; (d) information
on cases in which certified copies were sent to the Prosecutor General’s Office for investigations relating to law
enforcement agents of the Urabá region presumably involved in acts associated with paramilitary groups in the Urabá
region during the second half of the 1990s, and (e) investigations conducted by ordinary criminal justice against
members of the illegal armed groups or against members of the Colombian Armed Forces in which an analysis was
made of the connections that existed between the latter and the paramilitary structures in the Urabá Chocóano region
during the second half of the 1990s. Furthermore, the Ombudsman’s Office was asked to provide a “copy of all the
public or confidential documentation and reports produced by the Ombudsman’s Office concerning the forced
displacements of the communities of the Cacarica river basin in 1997, in relation to incursions in this area by different
illegal armed agents, as well as actions of the Armed Forces during 1996 and 1997, and in relation to the
implementation of Operation Genesis,” and the Public Prosecution Service was asked for a copy of the complete files,
scanned and with a detailed table of contents, including all the decisions issued and the probative elements contained in
them, of the investigations conducted by the Public Prosecution Service into the members of the Colombian Armed
Forces in relation to: (a) the events of Operation Genesis, and (b) presumed activities of association, collusion and
coordination of members of the Armed Forces with paramilitary groups in the Urabá Chocóano region during 1996 and
1997.
64
Several of these documents correspond to those already requested in the Order of December 19 convening the
public hearing (supra para. 9), and others to information that had been requested by the judges of the Court during the
public hearing.
65
Cf. See, the note of the Secretariat of April 8, 2013, addressed to the State’s Agent in this case, on the
instruction of the President, CDH-12,573/179.
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