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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