Furthermore, based on these statements and subsequent investigations, the Prosecutor
General’s Office indicated that two paramilitary groups, proceeding from Cutí and Turbo, had
met up in Sautatá and had entered several communities of the Cacarica River basin, where they
had engaged in confrontations with FARC guerrillas, before reaching the banks of the Salaquí
River.514 The Eighth Criminal Court of the Bogota Special Circuit took into consideration this
version of the events.515
257. A first conclusion that can reasonably be reached, based on the evidence in the case file,
is that paramilitary groups, specifically the “Chocó Bloc” and the “Pedro Ponte” group, entered
different communities of the Cacarica River basin, beginning in the Los Katios National Park,
passing near La Loma de Cacarica and continuing through Bijao, Bocas de Limón, La Virginia
and San Higinio, until they reached the banks of the Salaquí River; these incursions were known
as “Operation Cacarica” (supra para. 104). The State did not present any evidence that would
allow different conclusions to be reached
258. Second, different testimonies indicate that, during “Operation Cacarica,” in addition to
perpetrating the death of Marino López, the paramilitaries threatened several inhabitants of
these communities and caused damage and destruction of their homes and possessions (supra
para. 102). The Prosecutor General’s Office and the Eighth Criminal Court of the Bogota Special
Circuit516 also described these circumstances. For its part, the State merely acknowledged that
the paramilitaries were responsible for the death of Marino López and did not dispute the other
acts that they had perpetrated against the inhabitants of the Cacarica river basin.
259. Third, the Court notes that a series of probative elements indicate that when the
paramilitaries were executing “Operation Cacarica,” they reached the locality of Teguerre where
they met up with the Armed Forces and carried out joint operations in relation to military
objectives established in Operations Order 004. In particular, they had taken part in attacks on:
Teguerre (Objective No. 5); Tamboral (Objective No. 1); Caño Seco and Bocas de Guineo
(Objective No. 4), and La Loma de Salaquí (Objective No. 2). This hypothesis is based on the
following evidence: (a) conclusions of the Eighth Criminal Court of the Bogota Special Circuit;517
(b) documents presented by the Prosecutor General’s Office in which it took into account the
statements of some paramilitaries and their subsequent verification; 518 (c) testimony of
inhabitants who had observed paramilitaries carrying out operations together with members of
the Armed Forces,519 and (d) voluntary confessions of demobilized paramilitaries.520
Prosecutor, Justice and Peace Unit, Medellín, on April 29 and 30, 2010 (evidence file, folios 19222 and 19184, minutes
15:11 and 10:51).
514
Cf. Prosecutor General’s Office, document and Powerpoint presentation “Operation Cacarica” (evidence file,
folios 19257 and 19263).
515
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).
516
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 14803).
517
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).
518
Cf. Prosecutor General’s Office, document and Powerpoint presentation “Operation Cacarica” (evidence file,
folios 19255 to 19258). Also, Prosecutor General’s Office, Justice and Peace Unit, Dossier on the Elmer Cárdenas Bloc,
Structures described by Fredy Rendón and Report No. 260 of June 25, 2012 (evidence file, folios 45293 and 45156).
519
Cf. Affidavit prepared by Jerónimo Pérez Argumedo on January 21, 2013 (evidence file, folios 14923 to 14925).
520
Cf. Voluntary confession of Fredy Rendón Herrera, in Collective voluntary confessions of the candidates of the
Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica, Medellín, on April 30, 2010; Alberto García Sevilla,
before the Prosecutor General’s Office Justice and Peace Unit on October 28, 2008, and C.A.F. Alvarez in Collective
voluntary confessions of the candidates of the Elmer Cárdenas Bloc concerning Operation Genesis – Cacarica on May 8,
2008 (evidence file, folios 19220, 19253 and 18396); Voluntary confession of Edwin Alberto Romero Cano on March 24,
2011, in Prosecutor General’s Office, DVD “Subclips candidates 2. Operation Genesis. Voluntary confessions” (evidence
file, video minutes 00:45 and 03:18, folio 44537); Voluntary confession and statement of William Manuel Soto Salcedo,
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