and clarification” contained no facts or claims further to those submitted by the petitioners in
their initial communication of 2004, which was sent to the State before it submitted its delayed
response to that original petition on April 18, 2006, together with an additional period of time
in which to present comments, which the State used prior to submitting its brief dated June 8,
2006.
6. Reference should also be made to the precautionary measures registered as No. MC 70/99
and requested by the IACHR on December 17, 1997,2 after an on-site visit to the Turbo
stadium, which was then housing a number of individuals displaced as a result of the incidents
described in the petition and where the Commission was able to directly observe their
situation.3 In its submission of April 18, 2006, the State formally requested that the documents
contained in the case file of precautionary measures MC 70/99 be transferred to the case file of
petition P 499/04, Marino López et al. (Operation Genesis). In connection with this, the IACHR
finds that the State’s request is appropriate for the comprehensive treatment of the situation
addressed in this petition. It should also be noted that in 1998 the IACHR asked the State to
furnish information on the situation of the displaced persons in Bahía Cupica, who are also
covered by the claims in this petition.4
III.
POSITIONS OF THE PARTIES
7. Before dealing specifically with the positions of the parties, reference should be made to a
range of geographical, historical, and sociological information; these details are not disputed
and are useful in understanding the background to the parties’ positions. Many of these facts
are included in the claims presented by one party or the other.
8. The Urabá area is located in the north of the department of Chocó (Urabá Chocoano or
Darién Chocoano)5 and the west of the department of Antioquia (Urabá Antioqueño).6 The area
surrounds the Gulf of Urabá and the border with Panama, making it a strategic corridor for
access to both the Pacific and Atlantic Oceans. In spite of being one of the regions of the world
with the highest levels of biodiversity, its inhabitants, who are mostly of African descent, suffer
from unsatisfied basic needs.7
2
In its 1997 Annual Report the IACHR said that “on December 17, 1997, the Commission requested that
precautionary measures be taken in behalf of the members of a community that had been displaced by violence in the
locale of Turbo. Several of them were murdered in 1997. Among them were persons who had taken refuge in the
municipal sports stadium and others in shelters specially built for that purpose. On December 11, two armed persons
identified as paramilitary men went into the Turbo sports stadium looking for a member of the community. On
December 14, another paramilitary person was seen inspecting the “Unidos Retornaremos” shelter.” 1997 Annual
Report of the IACHR, OEA/Ser.L/V/II.98, Doc. 6, February 17, 1998, Chapter III.2.A, section on precautionary
measures in the Republic of Colombia. On January 11, 1999, the Commission ratified the continuation of the
precautionary measures originally requested on December 17, 1997, on behalf of the individuals located in the
displaced persons camp at the Turbo stadium and Bocas del Atrato. See: 1998 Annual Report of the IACHR,
OEA/Ser.L/V/II.102, Doc. 6 rev. April 16, 1999, Chapter III, paragraph 22. The precautionary measures currently
remain in force to protect the displaced persons who today are a part of the communities of African descent grouped
together in the CAVIDA Organization and resettled on their collective lands along the River Cacarica. In June 2003 the
Commission conducted an on-site visit to the CAVIDA collective lands to assess the situation of beneficiaries of those
precautionary measures. See: IACHR Press Release No. 15/03, “IACHR Rapporteur concludes working visit to the
Republic of Colombia,” June 27, 2003, at http://www.cidh.oas.org/Comunicados/English/2003/15.03.htm.
3
The IACHR provided a series of comments on the situation of the displaced persons in Turbo in itsThird Report on the
Human Rights Situation in Colombia (1999) OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999, Chapter VI,
paragraphs 44 to 47.
4
The IACHR provided a series of comments on the situation of the displaced persons in Bahía Cupica in its Third
Report on the Human Rights Situation in Colombia (1999) OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999,
Chapter VI, paragraph 53.
5
The Darién Chocoano region comprises four municipalities – Acandí, Unguía, Riosucio, and Carmen del Darién – and
covers 4,820 km2. The access route is the River Atrato and its tributaries the rivers Turandó, Cacarica, Jiguamiandó,
and Jarapetó.
6
The Urabá Antioqueño comprises eleven municipalities – Apartadó, Carepa, Chigorodó, Necoclí, San Juan de Urabá,
San Pedro de Urabá, Turbo, Arboletes, Murindó, Mutatá, and Vigía del Fuerte – and covers a total surface area of
11,665 km2.
7
The IACHR spoke about the situation of the Afro-descendant population in Chocó in its Third Report on the Human
Rights Situation in Colombia (1999) OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999, Chapter XI.
2