10 Airscan assisted the FAC in carrying out an aerial bombardment of Santo Domingo on December 13, 1998. 18 The lawsuit is still before the courts in that country. 46. The Human Rights Observatory of the Presidential Program on Human Rights and International Humanitarian Law noted that “the dynamics of the armed conflict in Arauca and the significant influence that various outlawed groups in the department have traditionally exercised and continue to exercise, create a situation in which both the civilian population and the civil authorities of the department are directly affected by frequent and gross violations of human rights.” 19 47. In its Annual Report for 1998, the Office in Colombia of the United Nations High Commissioner for Human Rights stated that “[i]n their counter-offensives, the armed forces also caused numerous civilian casualties, particularly as a result of aerial gunfire and bombing. The Office was also informed of cases in which the security forces occupied schools or private houses.” 20 B. Events preceding the bombardment of December 13, 1998 48. On December 12, 1998, a fair was being held in the village of Santo Domingo that included various sporting events. 21 That day a Cessna light plane, No. HK 2659, registered to the company Saviare Ltda., landed on the road that runs from the village of Santo Domingo to Panamá de Arauca or Pueblo Nuevo. 22 The landing and subsequent takeoff was facilitated by around 250 members of Fronts 10 and 45 of the Revolutionary Armed Forces of Colombia (FARC), which were in the area. 23 As a result of the foregoing the 18th National Army Brigade and the 36th CounterGuerrilla Battalion, in carrying out the military operations codenamed “Relámpago” and “Pantera” (Panther), respectively, initiated a military engagement that lasted several days. 24 49. According to witnesses, at around 4:00 p.m. that day several aircraft flew over the zone, firing at approximately 500 meters from the village of Santo Domingo. 25 In the “Pantera” operational orders for December 12, 1998, the Commander of the 36th Counter-Guerrilla Battalion, Maj. Juan Manuel González, determined that its mission would be "to carry out military search and See Mujica v. Occidental Petroleum at http://www.businesshumanrights.org/Categories/Lawlawsuits/Lawsuitsregulatoryaction/LawsuitsSelectedcases/OccidentallawsuitreColombia?sort_ on=effective&batch_size=10&batch_start=3. 18 19 Annex 1. Human Rights Observatory of the Presidential Program on Human Rights and International Humanitarian Law, Indicators on the human rights situation in Arauca Department as of September 2004, available at: http://www.derechoshumanos.gov.co/Pna/documents/2010/arauca/indicadoresarauca.pdf. 20 Annex 3. Commission on Human Rights, Report of the United Nations High Commissioner for Human Rights on the Office in Colombia, E/CN.4/1999/8, 16 March 1999, para. 119. 21 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. 22 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. 23 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. 1. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010. 24 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. 1. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010. 25 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.