Bojayá massacre
Encyclopedia
The Bojayá massacre was a massacre
Massacre
A massacre is an event with a heavy death toll.Massacre may also refer to:-Entertainment:*Massacre , a DC Comics villain*Massacre , a 1932 drama film starring Richard Barthelmess*Massacre, a 1956 Western starring Dane Clark...

 that occurred on May 2, 2002 in the Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...

n town of Bojayá
Bojayá
Bojayá is a town in Chocó Department, Colombia. It is located at around . The Bojayá massacre occurred here in 2002.-References:...

 (with its urban centre also referred to as Bellavista), in Chocó
Chocó Department
Chocó is a department of Colombia known for its large Afro-Colombian population. It is in the west of the country, and is the only Colombian department to have coastlines on both the Pacific Ocean and the Atlantic Ocean. It also has all of Colombia's border with Panama. Its capital is...

 department. FARC
Revolutionary Armed Forces of Colombia
The Revolutionary Armed Forces of Colombia – People's Army is a Marxist–Leninist revolutionary guerrilla organization based in Colombia which is involved in the ongoing Colombian armed conflict, currently involved in drug dealing and crimes against the civilians..FARC-EP is a peasant army which...

 guerrillas
Guerrilla warfare
Guerrilla warfare is a form of irregular warfare and refers to conflicts in which a small group of combatants including, but not limited to, armed civilians use military tactics, such as ambushes, sabotage, raids, the element of surprise, and extraordinary mobility to harass a larger and...

 seized the town in an attempt to take control of the Atrato River
Atrato River
The Río Atrato is a river of northwestern Colombia. It rises in the slopes of the Western Cordillera and flows almost due north to the Gulf of Urabá , where it forms a large, swampy delta....

 region from AUC
United Self-Defense Forces of Colombia
The United Self-Defense Forces of Colombia was created as an umbrella organization of regional far-right...

 paramilitaries, in the process killing approximately 119 civilians in an apparently indiscriminate attack with an improvised homemade mortar
Mortar (weapon)
A mortar is an indirect fire weapon that fires explosive projectiles known as bombs at low velocities, short ranges, and high-arcing ballistic trajectories. It is typically muzzle-loading and has a barrel length less than 15 times its caliber....

 assembled with gas cylinder
Gas cylinder
A gas cylinder is a pressure vessel used to store gases at above atmospheric pressure. High pressure gas cylinders are also called bottles. Although they are sometimes colloquially called "tanks", this is technically incorrect, as a tank is a vessel used to store liquids at ambient pressure and...

s parts (known in Spanish as pipeta or Cilindro bomba).

Background

As previously noted by the Colombian government, "the armed confrontation in the region between the guerrillas and the illegal self-defence forces is very violent due to the economic and strategic interests in play, including, among others: drug trafficking, the inter-oceanic connection, the development of megaproject
Megaproject
A megaproject is an extremely large-scale investment project. Megaprojects are typically defined as costing more than US$1 billion and attracting a lot of public attention because of substantial impacts on communities, environment, and budgets. Megaprojects can also be defined as "initiatives that...

s like the Panamerican Highway, and the proximity of ports and hydroelectric stations. The region furthermore represents advantages for these groups as a route for the import of arms and supplies from Central America and to provide favourable routes for drug trafficking."

Preceding events

At least 250 paramilitary combatants moved into Bellavista on 21 April, 2002, and remained in the populated area despite protests by local residents. The UNHCHR sent an official communication to the Colombian government on April 23 expressing their concern regarding the presence of the paramilitaries and the possible consequences for the local people. The Ombudsman's Office of Colombia
Ombudsman's Office of Colombia
The Ombudsman's Office of Colombia is the national government agency that is charged with overseeing the protection of civil and human rights within the legal framework of the Republic of Colombia. The ombudsman, or public defender , is an official appointed by the President, and elected by the...

also visited the region on April 26 and released an early warning regarding the possible consequences of an armed confrontation in the area.

Intense fighting broke out on May 1st in neighboring Vigía del Fuerte municipality (Antioquia department), and spread to Bellavista later in the day. Residents took shelter in the local church, the adjoining parsonage and an Augustinian Missionary residence, with the total number approaching 500 over the course of the night.

Details of the attack

According to the official UN investigation report, in the morning of May 2nd the AUC paramilitaries had established positions around the church, using the buildings and the cement wall around the church yard for protection. The FARC took up positions to the north (in Barrio Pueblo Nuevo), and began launching gas cylinder bombs (pipetas) toward the paramilitary positions, with two landing nearby but the third going through the roof of the church and exploding on the altar.

The explosion caused approximately 119 dead and 98 wounded, though the UN was not able to verify exact numbers. A large number of the dead and wounded were children.

The UN investigation found the FARC in violation of several principles of international humanitarian law, including an indiscriminate attack causing unnecessary civilian casualties, failure to distinguish between civilian and combatant, failure to take efforts to protect civilians from avoidable harm, and attacks against cultural property. Prohibitions against these acts are found in Common Article 3 of the 1949 Geneva Conventions and Articles 4, 13, and 16 of Additional Protocol II. The UN also considered the FARC responsible for the forced displacement generated as a consequence of the attack on the church, placing the act in violation of Article 17 of Protocol II.

The UN also found the AUC in violation of various aspects of international humanitarian law, including using civilians as human shields, failing to protect civilians from the effects of their military operations, and for causing massive forced displacement of civilian populations in the region due to their acts, threats and combat operations in the area. Given reports of theft by the AUC of goods, equipment and vehicles belonging to local residents, the UN also found the AUC guilty of pillage (a violation of Article 17 of Protocol II).

The UNHCHR also found that the Colombian government failed to act in order to prevent the massive human suffering resulting from the events in Bojaya - suffering that was predicted and of which the government was explicitly warned beforehand.

Responsibility of the state

The First Administrative Court of Quibdo, Chocó sentenced the Colombian State to a billion and a half Colombian peso compensation to relatives of two of the dead victims on May 29, 2008. It ruled the State was administratively responsible and had neglected to protect its citizens, despite the warnings of the ombudsman.
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