11
control operations in the sector near the village of Santo Domingo […] In order to capture the
subversive group committing crimes in the sector.” 26 In addition, according to fragments of the
“Pantera II” operational orders for the same day, the Commander said that it “consist[ed] of
conducting an airborne counter-guerrilla offensive as far as the Santo Domingo area,” 27 and orders
were given to carry out “counter-guerrilla offensives in order to occupy militarily and search the
Santo Domingo sector, Tame Municipality, starting at 06:00 on December 13, 1998.” 28
50.
According to witnesses of the events, the gunfire intensified that night, stopped in
the early hours, and resumed at 5:30 a.m. on December 13, 1998. 29 According to the video
footage shot by the Skymaster plane that took part in military operations and which served as
evidence in the criminal proceeding, at 6:53 a.m. on December 13, 1998, the crew of the
Skymaster directed their attention to the village of Santo Domingo and reported, "I have a group of
persons here, but they are all civilians, I cannot see any [...] all these people appear to be civilians
here. They changed, they all changed clothes, that is the problem we have here, these guys have
gone into the house and changed clothes.” 30
C.
The bombardment of the village of Santo Domingo on December 13, 1998, and
subsequent events
51.
Witnesses agree that from 9:00 a.m. onward on December 13, 1998, several
aircraft were observed, which were later identified as follows: i) a UH 60L Black Hawk armed
helicopter under the command of Maj. Sergio Garzón (call sign: Arpía (“Harpy”)); ii) a UH1H
helicopter equipped with cluster bombs, piloted by Lieut. César Romero Pradilla (call sign: Lechuza
(“Owl”)); iii) a Hughes – 500 armed helicopter under the command of Lieut. Lamilla Santos (call
sign: Cazador (“Hunter”)); iv) a Skymaster plane crewed by two foreigners and FAC Capt. César
Gómez (call sign: Gavilán (“Hawk”); v) a UH 60 helicopter piloted by Capt. Raúl Gutiérrez Gómez
(call sign: “Spock”); and, vi) an MI 17 helicopter owned by the company Heliandes and piloted by a
civilian (call sign: Pegasso (“Pegasus”)). 31
52.
The video footage from the Skymaster records the following exchange that took
place at 10:00 a.m. between the various aircraft flying over the zone
Lieut. Johan Jiménez Valencia, co-pilot of the UH1H (“Owl”): “Hunter, we need to launch the
cluster bomb, Hunter, Owl needs to launch the cluster bomb.”
26
Annex 4. Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First
Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009, p. 38. Appendix 2 to the State’s brief of
October 5, 2010, received at the IACHR on October 6, 2010.
27
Annex 4. Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First
Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009, p. 38. Appendix 2 to the State’s brief of
October 5, 2010, received at the IACHR on October 6, 2010.
28
Annex 4. Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First
Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009, p. 38. Appendix 2 to the State’s brief of
October 5, 2010, received at the IACHR on October 6, 2010.
29
Annex 4. Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First
Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009, p. 27. Appendix 2 to the State’s brief of
October 5, 2010, received at the IACHR on October 6, 2010.
30
Annex 4. Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First
Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009, p. 42. Appendix 2 to the State’s brief of
October 5, 2010, received at the IACHR on October 6, 2010.
31
Annex 4. Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First
Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009, pp. 27 and 41. Appendix 2 to the State’s brief
of October 5, 2010, received at the IACHR on October 6, 2010.