8
impossible, they suffered from precarious living and environmental conditions, limitations on access to
and use of health services and drinking water, marginalization due to economic, geographic and cultural
reasons; as well as a break with their values and socio-cultural practices. They allege that in the three
reception points of the displaced persons, their living conditions were incompatible with the due respect
for personal integrity and their right to a dignified life.
37.
According to the foregoing, they consider that the State is responsible for the violation of
Articles 4, 5.1 and 5.2 of ACHR, in connection with Article 1.1, and Articles 1 and 8 of the Convention to
Prevent and Punish Torture, to the prejudice of Marino López’s immediate family, of the communities
13
associated in CAVIDA and the women head of household living in the municipality of Turbo.
38.
The petitioners allege that the State is responsible for the violation of the right to
protection of the family. They allege that the crimes affected autonomously the coexistence and unity of
the individual families of the Cacarica communities. They allege that the rupture in the family and
fraternal relations, due to the violence; the family breakdown and disintegration due to forced
displacement over various years; the uprooting from individual and collective lands; the loss of loved
ones, inter alia, constituted a direct attack on the family. In addition, they allege that with Marino López's
death, his partner, Emedelia Palacios Palacios, took on a new family role for their children, who grew up
without a father, and with the trauma of his violent death. Therefore they consider that the State has
violated Article 17 of the American Convention in relation to Article 1.1, to the prejudice of Marino López's
family, the communities associated in CAVIDA and the women head of household who live in Turbo.
39.
The petitioners allege that the State is responsible for the violation of the rights of the
child to the prejudice of the boys and girls of the communities associated in CAVIDA and of the children
of the women head of household living in Turbo. In this regard, they allege that these boys and girls’
rights have been affected by violence since they were eyewitnesses to the commission of human rights
violations, they fled and travelled large distances braving dangers, they were displaced and they were
direct victims of attacks against their dignified existence and personal integrity. They allege that they are
sensitive to the process of breaking of individual, family and collective ties in their communities; that they
developed feelings of confusion, misunderstanding and profound sadness; and kept in mind memories
that disrupted their childhood, created feelings of fear, pain and helplessness and interrupted the
processes of physical, emotional and family growth and the definition of their cultural identity. They allege
that the forced displacement disrupted their education, life projects and their cultural and ancestral
traditions relating to the occupation of their lands. Therefore, they consider that the State has violated
Article 19 of the American Convention in relation to Article 1.1 to the prejudice of these boys and girls.
40.
The petitioners allege that the State is responsible for the lack of protection of the right to
honor and dignity, and the violation of the right to private property. They allege that the protection of the
right to honor and dignity must be understood within the logical context of the Afro-descendants of
Cacarica, with their land as "essence, life and sustenance". They maintain that home and private life are
inextricably linked, since home is the space where private life can be developed freely. They maintain
that violent, arbitrary and disproportionate interference, occupation and destruction of the spaces for
intimate and community life, and that destruction of the Cacarica communities' living spaces, crop areas,
private and collective property, and moveable and immoveable property, all profoundly affect their way of
life and survival, their culture and ancestral identity. They allege that their vital and community
understanding of land was violated by "Operation Genesis".
41.
They allege that with the passage of time the economic interests behind the forced
displacement and depopulation of the communities' lands have been uncovered, inter alia, after the
presence of various companies who came to the area to exploit its natural resources, the construction of
highways and the planning of mining projects. They allege that along with "Operation Genesis" came the
13
Albarina Martínez Córdoba, Josefina Mena Moreno, Vrigelina Blandón Palacios, Alicia Mosquera Urtado, Justa
Lemos de Palomeque, Aurora Murillo and Eloisa Mosquera. Census of forced displacement victims - Operation Genesis. Annex to
petitioners’ brief of March, 23, 2009.