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.

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