58. According to the Human Rights and International Humanitarian Law Observatory of the Vice Presidency of the Republic, the guerrilla of the National Liberation Army (hereinafter also “ELN”) settled in Arauca as one of the main scenarios of its actions in the middle of the 1970s, while the FARC guerrilla arrived in the department at the beginning of the 1990s.60 59. In July 1980, Ecopetrol and OXY signed the Cravo Norte collaboration agreement, for the exploration and exploitation of hydrocarbons in the department of Arauca.61 It is an undisputed fact that, owing to the difficult situation of public order that affected the operation of the pipeline, ON September 12, 1996, Ecopetrol and OXY (as Cravo Norte Association) signed a cooperation agreement in which the mining companies undertook to provide financial assistance to support units of the 18th Brigade.62 B. Events preceding the bombardment of December 13, 1998 60. On December 12, 1998, a fair was being held in the village of Santo Domingo63 that included various sporting events.64 Thus, the representatives specified, and the State did not contest, that in addition to the inhabitants, visitors from nearby villages were also present.65 offensives, the armed forces also caused numerous civilian casualties, particularly as a result of aerial gunfire and bombing.” 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. Cf. Human Rights Observatory of the Presidential Program on Human Rights and International Humanitarian Law, Algunos indicadores sobre la situación de derechos humanos a septiembre de 2004 en el departamento de Arauca (evidence file, tome 2, folio 173), and the State’s answering brief (merits file, tome 2, folio 398). 59 Cf. Human Rights Observatory of the Presidential Program on Human Rights and International Humanitarian Law, Algunos indicadores sobre la situación de derechos humanos a septiembre de 2004 en el departamento de Arauca (evidence file, tome 2, folio 174). 60 During the 1980s, the FARC presence was merely incipient, and only manifested by a slight increase in the strategy of illegal occupation in the eastern Cordillera starting in 1990, a process accelerated by the attack on Casaverde, which obliged the FARC to increase the mobility of its fronts. Cf. Human Rights Observatory of the Presidential Program on Human Rights and International Humanitarian Law, Algunos indicadores sobre la situación de derechos humanos a septiembre de 2004 en el departamento de Arauca (evidence file, tome 2, folio 2827), and Observatory of the Vice President of the Republic on Human Rights and International Humanitarian Law. Colombia, conflicto armado, regiones, derechos humanos and DIH. 1998-2002. Also available at: http://www.derechoshumanos.gov.co/ Pna/documents/2010/arauca/indicadoresarauca.pdf (last visited on October 18, 2012). Electronic link cited by the Commission in its Merits Report (merits file, tome 1, folio 17) and by the representatives in the pleadings and motions brief (merits file, tome 1, folio 26). 61 The Cravo Norte Association contract was signed on June 11, 1980, by Ecopetrol and Occidental de Colombia, over an initial area of 1,003,744 hectares. On June 18, 1983, oil was discovered and, on November 15, 1983, Ecopetrol awarded its exploitation. Under this contract the oilfields of Caño Limón, La Yuca, Caño Yarumal, Matanegra, Redondo, Caño Verde, Redondo Este, La Yuca Este, Tonina, Remana and Jiba were discovered in the watershed of the Llanos Orientales. Occidental is the operator of the oil fields that have been discovered, and Ecopetrol is the operator of the Caño LimónCoveñas pipeline.” Information available at October 18, 2012, at: http://www.presidencia.gov.co/prensa_new/ sne/2004/abril/20/11202004.htm. Electronic link cited by the Commission in the merits report (merits file, tome 1, folio 16). 62 This information was provided by the representatives in their pleadings and motions brief (merits file, tome 1, folio 127) and by the State in its brief answering the application (answering brief, folio 473). The representatives added that “the criminal investigation conducted in the case […] revealed that the oil enclave’s support to the 18th Brigade also included the use of OXY facilities to plan military operations, and even human resources that, even though their contractual function was to monitor the oil pipeline, had played an important role – at least in operation “Relámpago II” – in the conduct of military activities. As evidence, they provided: 46th Military First Instance Court: procedure to ratify report signed by Lieutenant Guillermo Olaya Acevedo dated February 25 1999 (evidence file, tome 15, folio 7595), and Military Criminal Investigation Unit. 122nd Military First Instance Court: continuation of the statement made by Major Cesar Augusto Gomez Marquez, August 3, 2001 (evidence file, tome 15, folios 7603 to 7612). For its part, the State contested that “[t]he Cessna Skymaster aircraft provided by Airscan entered the country under the military operation regulations of the Colombian Air Force”; and indicated that the “said aircraft was never equipped with weapons of any kind” and that “[i]n December 1998, there was no contractual relationship between [OXY] and Airscan” (merits file, tome 2, folio 473). 63 The 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First instance judgment, Case file 2005-102, September 24, 2009 (evidence file, tome 12, folios 6350 to 6352). See also, Video of inspection procedure of December 28, 1998, minute 01:08 (evidence file, tome 19, folio 9619). ‐ 19 ‐