7 B. The State 32. The State submits that according to the final ruling issued by the Disciplinary Chamber of the Office of the Procurator General of the Nation on December 19, 2002, the persons who were killed by the cluster munition were Jaime Castro Bello, Luis Carlos Neite Méndez, Egna Margarita Bello, Katherine Cárdenas Tilano, Oscar Esneider Vanegas Tulibila, Geovani Hernández Becerra, Levis Hernando Martínez Carreño, Teresa Mojica Hernández de Galvis, Edilma Leal Pacheco, Salomón Neite, María Yolanda Rangel, Pablo Suárez Daza, Carmen Antonio Díaz Cobo, Nancy Ávila Castillo, Arnulfo Arciniegas Velandia, Luis Enrique Parada Ropero, and Leonardo Alfonso Calderón; the persons who were wounded were Marcos Neite, Erinson Castañeda, Lida Barranca, Ricardo Ramírez, Yeimy Contreras, Maryury Agudelo, Rosmira Daza Rojas, Neftalí Neite, Alba García, Fernando Vanegas, Milciades Bonilla, Ludwin Vanegas, Xiomara García, Mario Galvis, Frey Monoga Villamizar, Mónica Bello, Maribel Daza, Amalio Neite González, Marian Arévalo, José Agudelo, and María Panqueva. 33. The State holds that, as regards criminal law, every procedure has been carried out at the domestic level to ensure “the clearest and most thorough investigation of the events of December 13, 1998.” The State says that various inquiries were opened after the events. It says that the investigation begun by the National Army was set aside on December 28, 1998, because no charges were brought against army personnel. Furthermore, the investigation conducted by the FAC concluded with an inhibitory resolution on the basis that the conduct of the servicemen who crewed the aircraft did not constitute a recognized criminal offense. 34. That State holds that on May 30, 2000, based on forensic examinations and expert opinions on the residue found on the corpses, the Human Rights Unit of the Office of the Prosecutor General ordered an investigation that included the crew of the UH1H helicopter. It also decided to vacate the decision of May 20, 1999, by which the military criminal courts abstained from opening an inquiry into the events at Santo Domingo. On August 28, 2000, the military criminal courts ordered the investigation to be reopened and on June 14, 2001, the National Human Rights Unit of the Office of the Prosecutor General requested the military criminal judge to refer the investigation as it considered that it was a matter for the civil courts. The State says that in response to the dispute over jurisdiction, on February 6, 2003, the Superior Council of the Judicature, in keeping with Constitutional Court Judgment T-932/02, stated that the civil justice system was the appropriate jurisdiction for the case to be heard. 35. The State alleges that after the case was referred to the civil courts, on February 24, 2003, the National Human Rights Unit took up the preliminary proceeding and, on September 21, 2007, the 12th Criminal Court of the Bogotá Circuit convicted Air Force servicemen César Romero Pradilla, Johan Jiménez Valencia, and Héctor Mario Hernández Acosta and sentenced them to six years in prison. The State says that subsequently, the Criminal Chamber of the Superior Court of Bogotá vacated the ruling and in its place the 12th Criminal Circuit Court issued a new decision on September 24, 2009, in which it found Captain César Romero Pradilla and Lieutenant Johan Jiménez Valencia guilty of simultaneously committing, with a single act, 17 counts of homicide and 18 counts of bodily harm with wanton disregard for human life, and sentenced them to the principal penalty of 380 months in prison and the ancillary penalty of prohibition from the exercise of public rights and duties for 10 years, and disqualification from occupying any position in the public administration for five years. The court also found Technician Héctor Mario Hernández Acosta guilty of simultaneously committing, with a single act, 17 counts of manslaughter and 18 counts of negligent bodily harm, and sentenced him to the principal penalty of 72 months in prison and the ancillary penalty of prohibition from the exercise of public rights and duties for the same amount of time as the prison term, and disqualification from occupying any position in the public administration for five years.

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