Article 19, to the detriment of the children of the Cacarica communities and of Marino López;
Article 5 of the American Convention, in relation to Article 1(1) to the detriment of the Cacarica
communities associated in Comunidades de Autodeterminación, Vida y Dignidad (hereinafter “CAVIDA”)
and the women heads of household living in Turbo;
Articles 1(1), 5, 11, 17, 19, 21, and 24 to the detriment of the members of the Cacarica Afro-descendant
communities associated in CAVIDA, and the women heads of household living in Turbo; and also in
relation to Article 19, to the detriment of the children of the communities;
Articles 8 and 25 of the American Convention, in relation to Article 1(1), to the detriment of the members
of the Cacarica communities associated in CAVIDA and the women heads of household living in Turbo, and
Articles 8 and 25 of the American Convention, in relation to Article 1(1) and to Articles 1, 6 and 8 of the
Inter-American Convention to Prevent and Punish Torture, to the detriment of the immediate family of
Marino López.
ii. Recommendations. The Commission recommended to the State that it:
Carry out a comprehensive, impartial, effective and prompt investigation into the events in order to
identify and punish all the masterminds and perpetrators of the events that resulted in the forced
displacement of the communities associated in CAVIDA, and of the women heads of household living in
Turbo, and to determine responsibility for the lack of an effective investigation which has led to impunity
for the events;
Carry out a comprehensive, impartial, effective and prompt investigation in order to establish and punish
those responsible for the torture and murder of Marino López and to determine responsibility for the lack
of an effective investigation leading to impunity for his death;
Adopt the measures necessary to avoid the repetition of systematic patterns of violence, with the
collaboration of the communities;
Acknowledge its international responsibility for the facts denounced in the case of Marino López et al.
(Operation Genesis), and conduct a public act to acknowledge its responsibility for the events of this case
and to provide redress to the victims;
Adopt the necessary measures to guarantee the members of CAVIDA and the women heads of household
living in Turbo their right to freedom of movement and residence; the effective enjoyment of their lands
and the natural resources found there without being threatened by indiscriminate logging; and to
guarantee the free and voluntary return of those displaced who have not yet returned, under safe
conditions;
Adopt the necessary measures to guarantee the displaced fair compensation for the violations of which the
Cacarica Afro-descendant communities associated in CAVIDA and the women heads of household living in
Turbo were victims;
Adopt the necessary procedures to recognize the vulnerability and the differences of the groups who were
victims of displacement and who were at greater risk of human rights violations, so that the State's
response is aimed at responding to their special needs, and adopt the necessary measures to guarantee
their full participation in public matters under equal conditions, and their real equality of access to public
services and to receive assistance for their rehabilitation, and
Provide adequate pecuniary and non-pecuniary reparations for the human rights violations declared in the
merits report.2
e.
Notification to the State. The merits report was notified to the State on April 25,
2011, and it was granted two months to provide information on compliance with the
recommendations. On June 27, 2011, the State requested an extension, which was granted
until July 11, 2011. The State presented its response on July 12, 2011.
f.
Submission to the Court. Once the said period and the extension granted had
expired, the Commission submitted this case to the jurisdiction of the Inter-American Court
“owing to the need to obtain justice for the victims in view of the State’s failure to comply
with the recommendations.” The Commission appointed Commissioner María Silvia Guillén
and the then Executive Secretary, Santiago A. Cantón, as delegates, and the Deputy
2
Cf. Inter-American Commission on Human Rights, Merits report 64/11, Petition 499-04, Merits, Marino López et
al. (Operation Genesis) v. Colombia, March 31, 2011.
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