been interrupted.636 Following this, the case file contains numerous statements made by
paramilitaries implicated in the case that endorse the line of investigation followed concerning
the connection between General del Río and members of paramilitary groups, as those
responsible for the events investigated.637 In most cases, the statements consist in voluntary
confessions that were transferred from the Justice and Peace procedure as evidence.638
385. Based on the foregoing, the Court finds that no evidence or arguments have been
provided that allow it to determine that the State has violated the obligation to investigate with
due diligence and to prosecute and punish, as appropriate, in the proceedings relating to Rito
Alejo del Río Rojas.
b) Investigations undertaken against other members of the Armed Forces
386. The Court notes that incomplete information has been provided on investigations and/or
proceedings related to members of the Armed Forces other than Rito Alejo del Río Rojas. In this
regard, it should be repeated that, in this case, the Court has considered it proved that
collaboration existed between paramilitary units and members of the Armed Forces in the
execution of the Operations Cacarica and Genesis, so that it is surprising that no other member
of either of these groups has been accused in the two proceedings.
387. Consequently, the Court finds that the State has not complied with its obligation to
investigate with due diligence the other members of the Armed Forces who could have
participated in and be held responsible for the events.
c) Investigations of members of paramilitary groups
388. According to the representatives and the Commission, the investigations and the
proceedings did not comply with the requirement of due diligence for the following reasons: (a)
the lack of security for those who took part in the proceedings; (b) the victims lack of
participation in the proceedings; (c) the failure to implicate the private companies in the
investigations into the facts of the case; (d) the fact that logical lines of investigation were not
explored, because the extrajudicial execution of Marino López was not investigated
systematically taking into account that the forced displacement of the Cacarica communities
was made possible by the implementation of a concerted plan prepared at the highest level; (e)
the effects of the extraditions to the United States of America of persons who are subject to
proceedings in Colombia under the Justice and Peace Law; (f) no investigations have been
opened in the ordinary criminal jurisdiction into the paramilitary incursions in the Cacarica river
basin; (g) only five paramilitaries have been implicated in the events of the case (even though
the evidence indicates that there were ten); (h) regarding the voluntary confessions under the
Justice and Peace procedures, “even though […] they have revealed some elements that
636
Cf. Decision No. 0105 of July 9, 2003. Regional Director of Prosecutors, Quibdó (evidence file, folio 9879).
637
Cf. Statement made by Luis Muentes Mendoza on August 29, 2008, in case file No. 2332 (evidence file, folio
17386); Statement made by Diego Luis Hinestroza Moreno on August 29, 2008, in case file No. 2332 (evidence file,
folio 17697); Preliminary statement made by William Soto Salcedo on December 5, 2011, in case file No. 2332
(evidence file, folio 17697), and Expansion of statement made by Diego Luis Hinestroza Moreno on January 18, 2011, in
case file No. 2332 (evidence file, folio 17708).
638
Cf. Voluntary confessions referring to the case of Marino López Mena: Fredy Rendón Herrera on October 24,
2007 (evidence file, folio 17247), Diego Luis Hinestroza Moreno on April 2, 2008 (evidence file, folio 17164), Luis
Muentes Mendoza on April 22, 2008 (evidence file, folio 17165) and on December 1, 2008 (evidence file, folios 17167
and 17252), Alberto García Sevilla on August 28, 2008 (evidence file, folio 1766), Rubén Darío Rendón Blanquiceth on
July 17, 2008 (evidence file, folio 17169), Franklin Hernandez Seguro on August 6, 2008 (evidence file, folio 17171),
and William Manuel Soto Salcedo on July 9, 2008 (evidence file, folio17167); Combined confessions, Operation Cacarica
(Genesis) on April 28, 29 and 30, 2010, of the candidates Fredy Rendón Herrera, William Manuel Soto Salcedo, Diego
Luis Hinestroza Moreno, Luis Muentes Mendoza, Franklin Hernandez Seguro, Alberto García Sevilla and Julio César Arce
Graciano (evidence file, folios 17870 to 17932 and 17935); Statements by the former AC Élmer Cárdenas Bloc, in
relation to the so-called “Operation Cacarica (Genesis)” (evidence file, folios 18372 to 18398).
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