of the Armed Forces,46 as have several reports of the Ombudsman’s Office.47 This Court’s case law also reveals
that, on other occasions, it has taken into account reports and decisions of the Public Prosecution Service in
which the collaboration between members of the Army and paramilitary groups in the department of
Antioquía was considered proved."48 "Furthermore, the reports published by the National Historical Memory
Center (...) also contain accounts of different scenarios in which there were connections between the
Colombian Armed Forces and the paramilitary groups."49
83.
In the same judgment the Court pointed out that:
In accordance with what has been indicated by several State institutions, different United
Nations bodies and agencies (the Commission on Human Rights, the Office of the High
Commissioner for Human Rights, the Human Rights Committee of the International
Covenant on Civil and Political Rights50) and the ILO51) have referred to this context of
46 Operation Genesis. Citing. Cf. Supreme Court of Justice of Colombia, Criminal Cassation Chamber: Review Judgment No.
30516 of March 11, 2009 (evidence file, pp. 9851 and 9856), Cassation Judgment No. 24448 of September 12, 2007, cited in District
Director Public Prosecutors' Offices Director Seccional de Fiscalías), Memorandum No. 0035 of April 28, 2009, pp. 106 to[1?]18 (evidence
file, p. 10024). See also Colombian Constitutional Court Ruling 005 of January 26, 2009 and Council of State Third Section Direct
Reparation Action Judgment No. 68001-23-15-000-1996-01698-01, Reporting Councilor Olga Melida Valle de de la Oz of February 27,
2013, p 13.
47 Operation Genesis. Citing. Cf. Ombudsman's Office , Fourth Report to the Congress of Colombia, Bogotá, 1997, pp. 59 and 60,
cited by the United Nations Commission on Human Rights, in the Report the Secretary-General's Representative on internally displaced
persons, pursuant to resolution 1999/47 of the Commission, E/CN°4/2000/83/Add.1, of January 11, 2000, par. 25 (evidence file, p.
1571). It is to be noted that the President of this Court, through its Secretariat, asked the Office of the Ombudsman of Colombia in vain for
a copy of its Fourth Report to Congress as a piece of evidence to be taken into account in its decision. On the other hand, the State did not
object to the reference to the aforementioned report made in the United Nations report, so that the Court considers that the reference
made to the text thereof is correct. See also, Office of the Ombudsman, Twelfth Report of the Ombudsman to the Congress of the Republic
of Colombia January-December 2004, pp. 66, 67, 172, and 173: Office of the Ombudsman. Ombudsman's Report on Forced Displacement
due to Violence in Colombia, of April 2002, points 4 and 9; and Office of the Ombudsman, Follow-up Report on compliance with Judgment
T-1025 of 2007m pp. 16, 17, 21, 35, and 35.
48 Operation Genesis. Citing. Office of the Attorney General, Decision issued by the Subdivision for the Defense of Human Rights
on September 30, 2002. Decision cited in the Case of the Ituango Massacres v. Colombia, par. 125.100: "On September 30, 2002, the Office
of the Delegate Attorney for the Defense of Human Rights decided to sanction Lieutenant Everardo Bolaños Galindo and First Corporal
Germán Antonio Alzate Cardona, alias “Rambo,” dismissing them from their functions as public officials because it found that they were
responsible for collaborating with the paramilitary incursion in El Aro and the theft of livestock and facilitating it with criminal intent.
On November 1, 2002, following an appeal filed by the said individuals, this ruling was confirmed in second instance by the Disciplinary
Chamber of the Attorney General’s Office."
49Operation Genesis. Citing. Cf. National Historical Memory Center, “¡Basta ya! [Enough is Enough] Colombia: Memorias de
guerra y dignidad. (Memoirs of war and dignity] (Memoirs of war and dignity] Report of the General Group on Historical Memory,
National
Print
office,
Colombia,
2013,
pp.
20,
42,
48,
343
y
347;
and
“Justicia y Paz ¿verdad judicial o verdad histórica?” [Justice and Peace: Judicial Truth or Historical Truth?], Colombia, 2012, pp. 251, 377,
469, 498, 513, 514, and 515, “La Rochela: Memorias de un crimen contra la justicia [Records of a crime against justice], Ed. Semana,
Colombia, 2010, pp. 20, 95, 96, 104, 105, and 116; “Silenciar en Democracia.[Silencing in Democracy] Las masacres de Remedios y
Segovia, 1982–1997” [The massacres at Remedios and Segovia], Ed. Semana, Colombia, 2010, pp. 21, 22, 28, 29, 61, 73, 74, 75, and 76;
“La masacre de Bahía Portete: Mujeres Wayuu en la mira”, [The massacre at Bahía Portete: Wayuu Women at the Forefront] Ed. Semana,
Colombia, 2010, pp. 23 and 33; “San Carlos: Memorias del éxodo en la guerra”, (Report on the wartime exodus] Ed. Aguilar, Altea, Taurus,
Alfaguara, S. A., Colombia, 2011, pp. 87 and 15; “Mujeres y guerra. Víctimas y resistentes en el Caribe colombiano”, [Victims and
resistance fighters in the Colombian Caribbean] Ed. Aguilar, Altea, Taurus, Alfaguara, S. A., Colombia, 2011, pp. 31, 32, and 240.
50 Operation Genesis. Citing cf. The United Nations Commission on Human Rights, in the Report the Secretary-General's
Representative on internally displaced persons, pursuant to resolution 1999/47 of the Commission, E/CN°4/2000/83/Add.1, of January
11, 2000, par. 25 (evidence file, p. 1571). United Nations High Commissioner for Human Rights, Reports on the Human Rights Situation in
Colombia. E/CN.4/2001/15, March 20, 2001, par. 131 (evidence file, p. 2601), E/CN°4/2005/10, February 28, 2005, par. 149, Appendix
No. II, paragraphs 5, 6, 7, and 8 (evidence file pp. 2337 and 2348 ); E/CN°4/2004/13, February 17, 2004, paragraphs.23, 24, 65, and 73;
(evidence file pp. 2382, 2383, 2392, and 2393); E/CN°4/2003/13,February 24, 2003, paragraphs 9, 34, 44, 74, 75, and 77; (evidence file
pp. 2445, 2450, 2452, 24659 and 2460 ); E/CN°4/2002/17, February 28, 2002, par. 62. (evidence file, p. 2520), E/CN°4/2000/11, March
9, 2000, paragraphs 25, 110, and 11; (evidence file pp. 2640, 2657 and 2658 ); E/CN°4/1998/16, March 9, 1998, paragraphs 29, 90, 91,
and 175 (evidence file pp. 744, 751, and 762). See also, United Nations Human Rights Committee: Consideration of reports submitted by
States parties under Articles 40 of the Covenant. Concluding Observations of May 5, 1997, par. 17, August 4, 2010, par. 8, and May 26,
2004, paragraph 12.
51 Operation Genesis. Citing cf. The Committee of Experts on the Application of Conventions and Recommendations (CEACR) of
the ILO, Individual Observation for the year 2009, pp. 78 and 79.