110. Furthermore, the evidence reveals that these acts took place in the presence of members of the community.200 The remains of Marino López were found in the Cacarica River days later, but were only identified in February 2007, when it was possible to register his death officially.201 Lastly, the probative elements, as well as the findings of the Eighth Criminal Court of the Bogota Special Circuit, show that military personnel were not involved in the events that occurred in Bijao and that resulted in the death of Marino López.202 E. The facts relating to the alleged forced displacement E.1. The alleged forced displacement Undisputed facts 111. It is an undisputed fact that, at the time of the events, various inhabitants of the Cacarica river valley, and of the Bajo Atrato in general,203 had to displace. As alleged by the Commission, and confirmed by the State, around 3,500 people were displaced and, of these, approximately 2,300 settled provisionally in the municipality of Turbo and in Bocas del Atrato, both in the department of Antioquia, Colombia, around 200 crossed the border into Panama, and the others went to other parts of Colombia.204 Disputed facts 112. Regarding the causes of the forced displacement, the Court notes that there are numerous versions of what happened. On the one hand, some probative elements indicate that the acts of violence that occurred in the context of Operation Genesis and the so-called Operation Cacarica, both the bombing205 and the death of Marino López,206 were what produced the forced displacement of the inhabitants of the Cacarica river basin.207 199 Cf. Voluntary confession made by Luis Muentes Mendoza, before the Prosecutor General’s Office, Justice and Peace Unit, on April 22, 2008 (evidence file, folio 1166), and voluntary confession of Fredy Rendón Herrera in Collective voluntary confessions of the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica before the Justice and Peace Unit, 48th Delegate Prosecutor, Medellín, April 29, 2010 (minutes 14:10 and 14:17) (evidence file, folios 19192 and 19193). Testimony of Hebert Veloza García before the Prosecutor General’s Office, National Human Rights and International Humanitarian Law Unit, on October 10, 2008 (evidence file, folios 1235 and 1236). 200 Cf. Testimony of J.A.Q. and J.V.R. Romaña cited by the 14th Prosecutor of the Human Rights and International Humanitarian Law Unit, in the decision on the legal situation of Rito Alejo del Río Rojas, file 2332, of September 12, 2008 (evidence file, folio 1502 and 1498). See also 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 231) and statement made by Fredy Rendón Herrera before the Prosecutor General, Human Rights and International Humanitarian Law Unit, on October 8, 2008 (evidence file, folio 1235). 201 Cf. Technical Investigation Corps, Probative photographic report of February 9, 2007 (evidence file, folio 17327). Charges against Luis Muentes Mendoza and Diego Luis Hinestroza Moreno of May 30, 2008 (evidence file video recording 50:30 and 27:18 to 27:48, folios 1403 and 1472). 202 Cf. Eighth Criminal Court of the Bogota Special Circuit, file 2009-063, defendant Rito Alejo del Río, judgment of August 23, 2012 (evidence file, folio 14808). 203 Cf. Ombudsman’s Office, Press communiqué No. 150 of March 31, 1997 (evidence file, folio 50739). 204 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 231). See also: Constitutional Court. Judgment T-955 of October 17, 2003 (evidence file, folio 135). 205 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 231). See also: United Nations, Report of the United Nations High Commissioner for Human Rights (UNHCHR) on the Office in Colombia, to the fifty-fourth session of the Commission on Human Rights, E/CN.4/1998/16, 9 March 1998 (evidence file, folio 752); Testimony of J.B.V.P. before the Prosecutor General’s Office, Human Rights and International Humanitarian Law Unit on December 19, 2002 (evidence file, folios 620); Testimony of Diego Luis Hinestrosa Moreno on August 29, 2008, before the 14th Special Prosecutor, Human Rights and International Humanitarian Law Unit (evidence file, folio 17395); Voluntary confession of Diego Luis Hinestroza Moreno of April 2, 2008, in volume 9 of case file 2332 (evidence file, folio 44

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