I.
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
The case submitted to the Court. On July 25, 2011, the Inter-American Commission on
Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to
the jurisdiction of the Court, pursuant to the provisions of Articles 51 and 61 of the American
Convention, the case of Marino López et al. (Operation Genesis) v. the Republic of Colombia
(hereinafter “the State” or “Colombia”). The Commission submitted all the facts contained in its
Merits Report. The case refers to the State’s responsibility for alleged human rights violations
committed in relation to the so-called “Operation Genesis” conducted from February 24 to 27,
1997, in the general area of the Salaquí River and the Truandó River, a zone near the territories
of the Afro-descendant communities of the Cacarica River basin, in the department of El Chocó,
which resulted in the death of Marino López Mena and the forced displacement of hundreds of
persons, many of whom were members of the Afro-descendant communities that lived on the
banks of the Cacarica River. In addition, it was alleged that the right to collective property of
these communities had been violated in relation to the territories that they had ancestrally
owned and which the State had recognized to them, owing to both the displacements and the
illegal exploitation of natural resources carried out by companies with the State’s permission
and tolerance. The failure to investigate the facts and to punish those responsible was also
alleged, as well as the lack of judicial protection in relation to these events.
2.
Proceedings before the Commission. The proceedings before the Commission were as
follows:
a.
Petition. On June 1, 2004, the presumed victims, through the Comisión
Intereclesial de Justicia y Paz (hereinafter “the petitioners”), lodged a petition alleging
human rights violations committed by the State in relation to Operation Genesis in the
communities of the Cacarica river basin.
b.
Precautionary measures. On February 8, 2003, the Inter-American Commission
required the State to take exceptional measures so that law enforcement personnel
protected the life and integrity of the “Nueva Vida” and “Esperanza de Dios” communities
and indicated that the Subcommittee on Protection of the Cacarica Joint Verification
Committee should consider establishing the permanent presence of State representatives in
the settlement to ensure security.
c.
Admissibility Report. On October 21, 2006, the Inter-American Commission
approved Admissibility Report No. 86/06, in which it concluded that it was competent to
examine the claims presented by the petitioners concerning the presumed violations of the
American Convention.1 In addition, it indicated that the petition was admissible because it
met the requirements established in Articles 46 and 47 of the Convention.
d.
Merits report. On March 31, 2011, the Commission issued Merits Report No.
64/11 (hereinafter “the merits report”) pursuant to Article 50 of the Convention, in which it
reached the following conclusions and made the following recommendations to the State:
i. Conclusions. The Commission concluded that the State was responsible for the
violation of the following rights recognized in the American Convention:
Articles 4 and 5 of the American Convention, in relation to Article 1(1) of this instrument to the detriment
of Marino López,
Article 5 of the American Convention, in relation to Article 1(1) to the detriment of his immediate family;
1
Cf. Inter-American Commission on Human Rights, Admissibility Report 86/06, Petition 499-04, Admissibility,
Marino López et al. (Operation Genesis) v. Colombia, October 21, 2006.
4