56
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indiscriminate bombing of the communities,
as for example, the evacuation of the civilian population
prior to the bombing, or establishing precise bombing targets in areas uninhabited by the communities.
These indiscriminate bombardments comprised a series of actions that caused fear and endangered the
security and personal integrity of the members of the Cacarica Afro-descendant communities; and caused
their displacement.
241.
The Commission also notes clear indications about the operational coordination between
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members of the Army and paramilitary groups, and observes the dynamic of the development of both
operations, such as, inter alia, the fact that the bombardments of "Operation Genesis" took place
moments before or after the raids by the paramilitary squad Elmer Cárdenas; that the check points or
security rings were integrated by members of the paramilitary groups and members of the Army; and the
witness statements on the holding of coordination meetings between paramilitary commanders and the
Army. In addition, the Commission considers that the Inter-American Court has already established that
there were either joint actions or acquiescence, collaboration, or tolerance, manifest by act or omission, of
members of the Armed Forces and paramilitary groups in Colombia during the period that the events took
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place (July of 1997).
242.
The Commission notes that during the paramilitary raids, acts of violence were committed
against members of the Cacarica communities, such as being pointed out, shooting to intimidate the
population, throwing grenades onto the roofs of dwellings, ransacking of property and burning of
buildings; together with the order to move out to Turbo. The said operations occurred in community after
community. Thus, after the "Operation Genesis" bombardments, on February 26, and 27, 1997, a
paramilitary raid took place in the Bijao hamlet, and then another in Puente América and another in Bocas
del Limón.
243.
Finally, it is appropriate to point out that from a comprehensive reading of the context, the
background and the events of the present case, the Commission observes - in the area and at the period
of the events - the existence of a systematic pattern of operations of the kind described throughout the
current report. In this sense, it considers that the acts were committed against a background of
systematic violence suffered by members of the Cacarica Afro-descendant communities, which
constitutes a crime against humanity.
4.
Marino López's Death in the context of the Attacks Causing the Displacement
244.
From the findings of fact it is apparent that the acts of torture, decapitation and
dismemberment of Marino López were not isolated incidents, but took place against a predetermined
background and with a specific objective: to terrorize the population to achieve their forced
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displacement.
245.
Article 4.1 of the American Convention establishes that "[e]very person has the right to
have his life respected. [...] No one shall be arbitrarily deprived of his life." The right to life commands
special importance because it is the essential premise for the realization of the other rights.
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Colombian Military Forces. National Army XVII Brigade. Operational Order No. 004/Genesis. Annex to petitioners’
brief of March 23, 2009.
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This is apparent from the many eyewitness statements as well as from those who were members of paramilitary
groups and from the Army, respecting the participation in joint armed operations. Thus the Ombudsman of Colombia and the
UNHCHR have remarked. The Commission observes that the checkpoints were comprised of paramilitary groups and members of
the Army. "[...] the first of the ACCU, the second comprised of soldiers of the XVII Brigade and a third made up of members of the
AUC and the XVII Brigade" and that the person in command was "Major Salomón".
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I/A Court H.R., Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134,
para. 120.
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14th Prosecutor of the UDH. Decision on the judicial situation of Rito Alejo Del Río Rojas, case file no. 2332 of
September 12, 2008, pp.17-18. Annex 1 to the petitioners’ brief received on May 19, 2009.