The case submitted to the Court. On July 25, 2011, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the jurisdiction of the Court, pursuant to the provisions of Articles 51 and 61 of the American Convention, the case of Marino López et al. (Operation Genesis) v. the Republic of Colombia (hereinafter “the State” or “Colombia”). The Commission submitted all the facts contained in its Merits Report. The case refers to the State’s responsibility for alleged human rights violations committed in relation to the so-called “Operation Genesis” conducted from February 24 to 27, 1997, in the general area of the Salaquí River and the Truandó River, a zone near the territories of the Afro-descendant communities of the Cacarica River basin, in the department of El Chocó, which resulted in the death of Marino López Mena and the forced displacement of hundreds of persons, many of whom were members of the Afro-descendant communities that lived on the banks of the Cacarica River. In addition, it was alleged that the right to collective property of these communities had been violated in relation to the territories that they had ancestrally owned and which the State had recognized to them, owing to both the displacements and the illegal exploitation of natural resources carried out by companies with the State’s permission and tolerance. The failure to investigate the facts and to punish those responsible was also alleged, as well as the lack of judicial protection in relation to these events.
Proceedings before the Commission. The proceedings before the Commission were as follows:
Petition. On June 1, 2004, the presumed victims, through the Comisión Intereclesial de Justicia y Paz (hereinafter “the petitioners”), lodged a petition alleging human rights violations committed by the State in relation to Operation Genesis in the communities of the Cacarica river basin.
Precautionary measures. On February 8, 2003, the Inter-American Commission required the State to take exceptional measures so that law enforcement personnel protected the life and integrity of the “Nueva Vida” and “Esperanza de Dios” communities and indicated that the Subcommittee on Protection of the Cacarica Joint Verification Committee should consider establishing the permanent presence of State representatives in the settlement to ensure security.
Admissibility Report. On October 21, 2006, the Inter-American Commission approved Admissibility Report No. 86/06, in which it concluded that it was competent to examine the claims presented by the petitioners concerning the presumed violations of the American Convention.1 In addition, it indicated that the petition was admissible because it met the requirements established in Articles 46 and 47 of the Convention.
Merits report. On March 31, 2011, the Commission issued Merits Report No. 64/11 (hereinafter “the merits report”) pursuant to Article 50 of the Convention, in which it reached the following conclusions and made the following recommendations to the State:
Conclusions. The Commission concluded that the State was responsible for the violation of the following rights recognized in the American Convention:
Articles 4 and 5 of the American Convention, in relation to Article 1(1) of this instrument to the detriment of Marino López,
Article 5 of the American Convention, in relation to Article 1(1) to the detriment of his immediate family;
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.
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
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.
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 Executive Secretary, Elizabeth Abi-Mershed, together with Karla I. Quintana Osuna and Karin Mansel, Executive Secretariat lawyers, as legal advisers.
Request of the Inter-American Commission. Based on the above, the Inter-American Commission asked the Court to declare the international responsibility of Colombia for the violation of the following rights recognized in the American Convention:
“the violation of the rights to life and to personal integrity recognized in Articles 4 and 5 of the Convention, in relation to its Article 1(1) to the detriment of Marino López and Article 5 to the detriment of the members of his family”;
“the violation of the right to personal integrity recognized in Article 5 of the Convention, in relation to its Article 1(1) to the detriment of the members of the Cacarica communities associated in CAVIDA and the women heads of household who live in Turbo, and also in relation to its Article 19, to the detriment of the children of the community and of Marino López”;
“the violation of the right to freedom of movement and residence established in Article 22 of the Convention, in relation to its Articles 1(1), 5, 11, 17, 19, 21 and 24 to the detriment of the members of the Afro-descendant communities of the Cacarica associated in CAVIDA and the women heads of household who live in Turbo, and also in relation to its Article 19 to the detriment of the children”;
“the violation of the rights to judicial guarantees and judicial protection established in Articles 8 and 25 of the Convention, in relation to its Article 1(1) and of Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of the family of Marino López,” and
“the violation of the rights to judicial guarantees and judicial protection established in Articles 8 and 25 of the Convention, in relation to its Article 1(1), to the detriment of the members of the Cacarica communities associated in CAVIDA and the women heads of household who live in Turbo.”
In addition, the Inter-American Commission asked the Court to order the State to provide specific measures of reparation, which will be described and analyzed in the corresponding chapter (infraChapter X).
