26
74
of the inhabitants of Cacarica.
In accordance with Operational Order No.004/Genesis, the operation
was to be developed in three phases with the objective of making a
forceful strike on the 57th squadron of the Narco FARC, and on the 5th, 34th and 58th, who are
committing crimes in the jurisdiction of the Minor Operative Unit and to rescue the ten Navy cadets
75
who have been held by these groups of bandits since January 16, 1997, in Juradó (Chocó).
126.
Subsequently, on February 25, 1997, military aircraft bombarded different areas of the
76
region, so that another displacement within the area started. In this regard, a member of the ACCU
stated that
many villages were already devastated without people since there had been a bombardment and
the people had already left, the only part that wasn't bombed was in Vijao (sic); the Army did the
77
bombing.
127.
Paramilitary leader Fredy Rendón stated in his voluntary statement that they went into
Cacarica and undertook joint operations with the Army, and indicated that Colonel Plazas was aware of
78
this, and they provided him with the maps and guides for "Operation Genesis" requested by the Army.
128.
In the early hours of February 26, 1997, 60 members of the ACCU arrived shooting at the
Bijao hamlet, which caused some villagers to flee to the mountainous part and discover that the military
had surrounded the hamlet. The men fired weapons, and launched grenades on to the roofs of the
79
houses. They rounded up the population and told them to abandon the area with the threat that those
80
arriving soon would eat them alive.
Meanwhile they ransacked homes, shelters and stalls, stealing
food, identity documents, jewels, clothes and cash. In addition, they shot the outboard motors and burnt
81
an electric generator. They then went to the El Limón community where they also ordered the people to
82
leave for Turbo.
129.
On February 26 and 27, there were bombings from military aircraft. With regard to this,
one witness stated:
74
Annex 2. Ombudsman’s Office. Ombudsman’s Decision No. 025 On the Massive Human Rights Violations and Forced
Displacement in the Bajo Atrato Region of Chocó, October 2002. Annex to the initial petition of June 1, 2004.
75
Annex 36. Colombian Military Forces. National Army's XVII Brigade. Operational Order No.004/Genesis. Annex to
petitioners’ brief of March 23, 2009.
76
See Annex 5. Statement of Cruz Manuel Ramírez, before the Special Commission of the UDH on December 11, 2002,
Annex 3 to the petitioners' brief dated March 10, 2008. Cf also Annex 6. Statement of José Bermudis Valderrama Perea before the
Special Commission of the UDH of December 19, 2002, Annex 4 to the petitioners’ brief dated March 10, 2008. See also: Annex
37. CAVIDA. We were always dreaming: Recollections of boys and girls lives who returned to Cacarica, July 2001. Códice LTDA
Publishers. P.22 and 23. Annex to petitioners’ brief of March 23, 2009.
77
Annex 38. Interrogation given by Diego Luis Hinestroza Moreno in case file 2332 before the UDH on August 29, 2008.
Annex 8 to the petitioners’ brief received on May 19, 2009.
78
Annex 39. Voluntary video deposition of Fredy Rendón before the Justice and Peace Prosecutor. Annex 3 D to the
Note of the Foreign Ministry, August 27, 2009.
79
Annex 40. Prosecutor's Charge in the partial indictment hearing of Diego Luis Hinestroza Moreno. Courts of Justice and
Peace in Medellin, May 30, 2008. Video Annex 3 A to the Note of the Foreign Ministry, August 27, 2009.
80
Annex 40 and 35. Videos of the Prosecutor's Charges in the partial indictment hearing of Diego Luis Hinestroza Moreno
of May 30, 2008 and of Luis Muentes Mendoza, 2008, Courts of Justice and Peace in Medellin. Annexes 3 A and C to the Note of
the Foreign Ministry, August 27, 2009.
81
Annex 3. CAVIDA, We are part of the land of this Land: Recollections of a Civilian Resistance, Cacarica, 2002, p. 95.
Annex 1 of the petitioners’ allegations on the merits received on March 10, 2008. Annex 15. IACHR. Third Report on the Situation of
Human Rights in Colombia, Ch. XI: The Rights of Black Communities. OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999, para.
45. At: http://www.cidh.org/countryrep/Colom99en/table%20of%20contents.htm.
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Annex 8 A. Statement of Margarita Bergara Serrana before the Special Commission of the UDH on December 11,
2002. Annex 14 of the petitioners’ allegations on the merits received on March 10, 2008.