254. Lastly, it is worth repeating that the Eighth Criminal Court of the Bogota Special Circuit reached similar conclusions in its judgment of August 23, 2012, in which Rito Alejo del Río Rojas was convicted for the murder of Marino López, referring to the context of acquiescence between the Armed Forces and the paramilitaries in the region. In particular, that court indicated that it was “sufficiently documented in the case file that, in other regions near the Urabá Chocóano, the phenomenon of collusion between the soldiers and the self-defense forces was also present, which supports the fact that this same situation was present in Chocó.”509 B.2.2. The paramilitary incursions and the State’s responsibility 255. With regard to the paramilitary incursions in the Cacarica communities, although the State described a scenario in which the FARC guerrilla were responsible for the forced displacements that occurred on these dates (supra para. 115), it did not contest the presence of the paramilitaries in Bijao on February 26, 1997, or that they had perpetrated the murder of Marino López (supra para. 108). The State also affirmed that several combats between the FARC and the paramilitaries had taken place in different parts of the Cacarica river basin since before Operation Genesis.510 This was also asserted in a paramilitary’s voluntary confession.511 Furthermore, the testimony of several inhabitants indicated that they had seen paramilitaries in other parts of the Cacarica river basin.512 256. Likewise, the voluntary confessions of demobilized paramilitaries indicate that they had entered the Cacarica river basin passing through the following communities: Bijao, Bocas de Limón, La Virginia and San Higinio, until they reached the banks of the Salaquí River.513 Delegate Prosecutor, Justice and Peace Unit, Medellín, on April 28, 2010 (evidence file, minutes 11:08 and 14:24, folios 19160 and 19162). 508 Cf. Affidavit prepared by Gimena Sánchez-Garzoli, expert witness proposed by the representatives of the presumed victims, on January 30, 2013 (evidence file, folio 15242). 509 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 14809). 510 In its final written arguments, the State indicated that: “In 1996, confrontations, recruitment by the illegal armed groups, and the control of fuel in the region by these same illegal groups intensified” (merits file, folio 1535). It also indicated that: “In October 1996, illegal self-defense groups raided the village of Brisas de Curbaradó, murdering five people from the region. Thereafter open conflict erupted between the illegal self-defense groups and the FARC in the region of Bajo Atrato, an area that covers from the mouth of the Atrato to the Curbaradó (the Medio Atrato goes from there to Bojayá and the Alto Atrato from Bojayá to Quibdó, capital of the department of Chocó). The basins of the Cacarica, Salaquí and Truandó Rivers are situated in Bajo Atrato and the municipality of Riosucio is located in this region, with the municipal capital situated where the Salaquí River meets the Atrato. The two illegal organizations increased their terrorist activities to obtain control of the territory, as well as control of drug-trafficking in the region. They raided villages located on the banks of the rivers that run through the municipality of Riosucio; they perpetrated massacres and murdered inhabitants who refused to collaborate with the illegal armed group, who collaborated with the enemy group, or who had been accused of belonging to it. These illegal armed groups used extortion against the commercial sector and businessmen of the region and fought against the Armed Forces. These factors led to the displacement of peasant communities to the municipal capitals (merits file, folio 1536). 511 Cf. Statement made by Fredy Rendón, in proceedings Nos. 1042 and 3856 before the Prosecutor General’s Office, National Human Rights and International Humanitarian Law Unit, November 7, 2007 (evidence file, folio 17363 and 17364). 512 Cf. Interview with E.M.Q., resident of Perancho (Cacarica), by the Technical Investigation Corps on May 11, 2010 (evidence file, folios 44674 and 44675); Statement and interview with Cruz Manuel Ramirez, resident of Cacarica, before the Prosecutor General’s Office, National Human Rights and International Humanitarian Law Unit and the Technical Investigation Corps on December 11, 2002, and May 3, 2010, respectively (evidence file, folios 611, 612 and 44818). Testimony of J.B.V.P., before the Special Commission of the Prosecutor General’s Office, National Human Rights and International Humanitarian Law Unit, on December 19, 2002 (evidence file, folio evidence file, folio 619). 513 Cf. Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc, structures described by Fredy Rendón in relation to ‘Operation Cacarica from February 23, 1997, to March 5, 1997’ (evidence file, folio 45293); Statement made by Luis Muentes Mendoza, before the Prosecutor General’s Office, National Human Rights and International Humanitarian Law Unit in proceeding No. 2332, on August 29, 2008 (evidence file, folios 17390 and 17391); Voluntary confessions of Alberto García Sevilla and William Soto Salcedo, Collective voluntary confessions of the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica before the 48th Delegate 90

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