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.