38
functions of the judicial police; arbitrary detentions done without a court order, and others.120 In its
2002 Annual Report, the Office of the United Nations High Commissioner for Human Rights documented
how the clashes between the illegal armed groups and security forces in the comunas of Medellín took a
high toll in human lives and showed “how difficult it has been for the Government to protect the civilian
population and to enforce the principles of distinction and proportionality.”121 These difficulties
included indiscriminate attacks against the civilian population and blamed on Army soldiers during
Operations “Mariscal” and “Orión”122 and unlawful and arbitrary searches conducted without a court
order.123
151. Several particular features of Operation Orión that the Office of the High Commissioner
highlighted were the number of civilians killed during searches and arrests; the arbitrary deprivations of
liberty and forced disappearances; violations of the right to privacy; and the inviolability of the home.124
For its part, the IACHR issued a press release on October 18, 2002, in which it expressed its concern over
news reports that civilians were either killed or injured during Operation Orión.125 The Commission
underscored “the obligation of the parties to the conflict to respect the norms of international
humanitarian law, in particular the principles that distinguish between combatants and noncombatants, and concerning proportionality in the use of force.”126 It also reminded the State of its
obligation to protect the civilian population, and the judicial and police authorities of their duty to
investigate, prosecute and punish violations of these norms and principles.127 The IACHR also received
information indicating that over 350 people were detained during Operation Orión.128
152. In the aftermath of these military operations, the IACHR received information
confirming that paramilitary groups were rapidly making inroads into Comuna 13 and establishing
120
Panorama de Derechos Humanos, Noche y Niebla y Violencia Política en Colombia, Caso Tipo No. 2: Comuna 13,
[Human Rights Picture, Night, Fog and Political Violence in Colombia], CINEP & Justicia y Paz, Bogotá, May 2003, p. 14; Audio,
IACHR, Thematic Hearing, “Human Rights Situation in the Region of Antioquia and in Comuna 13 of Medellín, Colombia,”
th
October 16, 2012, 116 period of sessions.
121
United Nations, Report of the United Nations High Commissioner for Human Rights on the human rights situation
in Colombia, Annual Report 2002, E/CN.4/2003/13, February 24, 2003, paragraph 28, available at:
http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/1304674285b7eb3bc1256cf5003906fb?Opendocument
122
United Nations, Report of the United Nations High Commissioner for Human Rights on the human rights situation
in Colombia, Annual Report 2002, E/CN.4/2003/13, February 24, 2003, paragraph 37.
123
United Nations, Report of the United Nations High Commissioner for Human Rights on the human rights situation
in Colombia, Annual Report 2002, E/CN.4/2003/13, February 24, 2003, paragraph 37.
124
United Nations, Report of the United Nations High Commissioner for Human Rights on the human rights situation
in Colombia, Annual Report 2002, E/CN.4/2003/13, February 24, 2003, paragraph 46.
125
IACHR, Press Release No. 40/02, IACHR Concerned over the Situation of Comuna 13 in the City of Medellín,
Colombia, October 18, 2002.
126
IACHR, Press Release, No. 40/02, IACHR Concerned over the Situation of Comuna 13 in the City of Medellín,
Colombia, October 18, 2002.
127
IACHR, Press Release, No. 40/02, IACHR Concerned over the Situation of Comuna 13 in the City of Medellín,
Colombia, October 18, 2002..
128
United Nations, Report of the United Nations High Commissioner for Human Rights on the human rights situation
in Colombia, Annual Report 2003, E/CN.4/2004/13, February 17, 2004, paragraph 12, available at: http://daccess-ddsny.un.org/doc/UNDOC/GEN/G04/109/93/PDF/G0410993.pdf?OpenElement.