rights and international humanitarian law by the armed groups has prevented the completion of
the return of the communities displaced from Bajo Atrato.134
B. Background to Operations “Genesis” and “Cacarica”
Uncontested facts
95.
According to the Ombudsman’s Office, “as of mid-1996, rumors began to circulate that
the paramilitaries intended to take control of Riosucio.”135 In the context of this paramilitary
advance, on October 6 that year, the ACCU had murdered several peasants in the community of
Brisas de la Virgen, located between the departments of Chocó and Antioquia. During the
attack, the paramilitaries indicated that they would soon take control of Riosucio.136 In addition,
the evidence reveals, that in the context of the events, paramilitary groups imposed an
economic and food blockade on the region, affecting its inhabitants.137
96.
With the increase in the threat of a paramilitary attack, the FARC guerrillas who were
active in the region established two control points on the Atrato River. One was in the
community of Puente América, to the north of Riosucio, and the other to the south of Riosucio,
in Domingodó, were the guerrilla confiscated food and fuel.138 As indicated by the Ombudsman’s
Office, the Secretary of Government of Riosucio was shot and killed in November 1996, while
the Treasury Secretary disappeared without any explanation. In addition, in December 1996,
there were confrontations between paramilitaries and the guerrilla very near Riosucio. Then, bit
by bit, it became known that an armed group had entered the town and taken several public
officials, including the Municipal Treasurer, without any knowledge of their whereabouts even
today.139 Also, the evidence shows that, on December 20, 1996, a paramilitary group had
entered Riosucio and had announced that it would continue on into the area of Salaquí.140
134
Cf. Ombudsman’s Office, Press communiqué 773 of October 8, 2002 (evidence file, folio 51399). The document
adds that: “[t]he economic and social reconstruction of this region, one of the most affected by the armed conflict in the
country, has been constantly interrupted by the blocking of the passage of food from Turbo and Riosucio to the rural
communities of the Bajo Atrato, the rupture of the marketing routes for the agricultural products of the zone and, in
general, by the increasing isolation to which the armed groups have subjected the communities.”
135
Cf. Ombudsman’s Office. Decision No. 025 of the Ombudsman on the massive human rights violations and
forced displacement in the Bajo Atrato region of Chocó, October 2002 (evidence file, folio 230): “[…] on December 20,
1996, in the municipality of Riosucio, Chocó, there was an intense and ferocious armed raid by a paramilitary group; as
of that date, the presence of the Self-Defense Forces was consolidated in that part of the department; […] then the
group, together with eight more men was sent to raid the department of Chocó with bloodshed and arson in the context
of the so-called Operation “Taking of Riosucio” carried out on December 20, 1996, by men from the different ACCU
groups that operated in Urabá, achieving the territorial, political and social control of that Chocóano municipality.”
Prosecutor General’s Office, Justice and Peace Unit, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc.
Genesis: armed structure, chain of command (evidence file, folios 44520, and 45283 to 45284).
136
Cf. Ombudsman’s Office. Decision No. 025 of the Ombudsman on the massive human rights violations and
forced displacement in the Bajo Atrato region of Chocó, October 2002 (evidence file, folio 230).
137
Cf. Testimony of J.B.V.P. and C.M.R., before the Prosecutor General’s Office, National Human Rights and
International Humanitarian Law Unit of December 11 and 19, 2002 (evidence file, folios 619 and 620, and 613);
Ombudsman’s Office, Complaint No. 9745030 of March 1, 1997, addressed to the Ombudsman by the Head of the
Apartadó Regional Office (evidence file, folio 50731), and Prosecutor General’s Office, Justice and Peace Unit, Dossier on
the Elmer Cárdenas Bloc. Genesis: Context immediately before it was planned (evidence file, folio 44478).
138
Cf. Ombudsman’s Office. Decision No. 025 of the Ombudsman on the massive human rights violations and
forced displacement in the Bajo Atrato region of Chocó, October 2002 (evidence file, folios 230 and 231).
139
Cf. Ombudsman’s Office, Press communiqué No. 127 of January 11, 1997 (evidence file, folio 51392), and
voluntary confession of Luis Muentes Mendoza. Minute by minute of the voluntary confessions of the candidates from
the Elmer Cárdenas Bloc concerning Operation Genesis, Cacarica; Medellín, April 30, 2010 (evidence file, folio 19211).
140
Cf. Testimony of Fredy Rendón Herrera before the Eighth Criminal Court of the Bogota Special Circuit of May
12, 2011, in proceeding No. 2009-063 against General Rito Alejo del Río for the murder of Marino López Mena (evidence
file, video recording 20:00 and 25:00, folio 8734). See also, Technical Investigation Corps, Report No. 116 of November
35
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