17 dwellings so that they could be taken over, with a view to activating centers of criminal operations, and building trenches and holes in the ground for keeping persons who had been kidnapped. 75. This situation led to the State intensifying its operations to return order to Comuna 13. These included Operations Mariscal, Orión, Potestad, and Antorcha, among others. The implementation of these operations was part of a Plan for Social Recovery whose first phase consisted of regaining control of Comuna 13, so as to then achieve social consolidation with the presence of the State, with a view to improving economic conditions in the comunas. 76. The State describes the objectives of Operation Orión in particular – carried out from October 16 to 20, 2002 – in its observations: The operation consists of carrying out a continuous (72 hours) military operation of occupation, offensive movement, military control and consolidation in support of the National Police, DAS, CTI, Office of the Attorney General, and other security agencies of the State against the different illegal armed organizations engaged in criminal activity in the general area of Comuna 13 in the city of Medellín with the aim of preserving the security and physical integrity of the force, and 17 especially of the civilian population that lives in the sector. 77. The State indicates that civilian, military, and police authorities participated in Operation Orión, and searches of homes were conducted for five days. The State identified, in its observations on the merits, some of the results of this operation, including the criminal prosecution of 170 persons as a result of being accused and recognized in a lineup by victims, who would accuse them of the crimes of conspiracy to engage in criminal conduct, rebellion, terrorism, homicide, and kidnapping, among others. The State also mentioned the arrest of 48 persons – pursuant to valid arrest warrants – by different prosecutorial authorities for crimes of rebellion (26), conspiracy to engage in criminal conduct (12), homicide (1), and kidnapping (9). Search and military control operations were conducted in the area that succeeded in countering illegal armed groups while consolidating and guaranteeing the peace, security, and physical integrity of the civilian population. The State indicates that all the efforts made during Operation Orión were accompanied by a permanent commitment to respect the human rights and fundamental freedoms of the civilian population. 78. The State presented some comparative figures on crime rates before and after Operation Orión, kept by the Office of the Undersecretary for Civil Order – Unit of Citizen Harmony of the Office of the Chief of Staff (Secretaría de Gobierno) of the City of Medellín. The State is of the view that after Operation Orión important results were attained in reducing crime and homicides, and minimizing the effects caused by the groups of militias and autodefensas in terms of limiting the exercise of civil rights by the population, while also installing schools, information posts on jobs offered by the city government of Medellín, and strengthening the San Javier Intermediate Medical Unit with a special group of physicians and medicines. 79. Several of the operations mentioned were carried out during the state of internal commotion decreed August 11, 2002, by Decree 1837, whose constitutionality was upheld by the Constitutional Court in Judgment C-802-2002. Such states of internal commotion are permitted by the American Convention on Human Rights at Article 27(1), and the restrictions on human rights allowed in this article must be based on criteria of necessity and proportionality in pursuing a legitimate aim. The 17 Note DIDHD/GOI No. 77119/2954 from the Colombian State, November 15, 2012, p. 25.

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