measures taken by the Prosecutor General’s Office. The second version arises from the
corresponding arguments submitted by the State that concur in part with the statements of several
members of the Colombian Armed Forces who were present at the time of the events (supra para.
73), according to which the said cluster bomb was launched 500 meter to the north of the village
and that the deaths and injuries that occurred resulted from the explosion of a car bomb,
supposedly placed by the FARC.
196. Regarding the evidence provided, the Court observes, first, as did the 12th Criminal Court of
the Bogotá Circuit in its judgment of September 24, 2009, that several inhabitants of Santo
Domingo indicated that they were able to see how one of the Colombian Air Force helicopters that
was in the area of the operation launched bombs in the middle of the village at around 10 a.m.
that day, causing deaths and injuries among the civilian population.273 This testimony is consistent
with several investigative measures taken by the Prosecutor’s Office.274
197. The Court observes that the film recorded by the Skymaster aircraft shows that, as of
10:00:40 a.m. the following conversation took place among the crews of the different aircraft that
were flying over the area in relation to the launch of the AN-M1A2 device (in the text of the
recording also referred to as “the cluster bomb” or “big gift”).
Lieutenant J.J.V. co-pilot if the UH1H (Owl): “Hunter, we need to launch the cluster bomb, Hunter, Owl needs
to launch the cluster bomb.”
Lieutenant G.L., pilot of the Hughes–500 (Hunter): “Owl needs to launch the cluster bomb. Okay. Hawk and
Harpy, hold, because here comes a big gift.”
Owl: “OK – show me where”
Hunter: “OK, do you see the yellow road?”
Owl: “Where do you want it, Hunter? Tell me where you want it!”
Hunter: “To the right of the village there is a wooded area (mata de monte). We want it on the whiskey edge
(west) of that wooded area.”
Owl: “The wooded area that is more to the whiskey or the one here, nearby?”
273
Cf. Statement of Alba Yanet García during the public hearing of June 27 and 28, 2012. Before the Court, Alba
Yanet García stated the following: “ […] a helicopter flew over us […] it stopped a little, and that is when it launched things
at us; and I said ‘the helicopter is throwing paper at us’; in that instant, before I had finished the sentence, I felt the
explosion; I felt the impact; time stood still, in that moment I could not see anything; but people were around me
screaming, calling for help; in that moment, I was so terrified that I fled, I tried to run; when I tried to run, my left arm
would not respond, and then I saw that I was bathed in blood, my arm was almost hanging off; then I was even more
afraid, terrorized, so I grabbed my arm and took refuge in a house that was nearby, which was the Santo Domingo
pharmacy […].” Statement of María Panqueva, who said: “we were there, when I saw a bit of smoke, but it was already too
late because we heard an enormous noise and that was when I looked […].” Testimony provided on December 21, 1998,
before the 24th Court of the Military Criminal Investigation Unit (evidence file, tome 2, folios 643 to 645); Statement made
by Amalio Neite on December 16, 1998, before the Tame municipal notary (evidence file, tome 2, folios 654 and 655);
Statement made by Luis Sel Murillo Villamizar of December 22, 1998, before the 12th Court of the Military Criminal
Investigation Unit (evidence file, tome 2, folios 650 to 652); Statement made by Nilsa Díaz Herrera on December 22, 1998,
before the Court of the Military Criminal Investigation Unit (evidence file, tome 2, folios 647 and 648); Statement made by
Adán Piñeros on December 16, 1998, before the Tame municipal notary (evidence file, tome 2, folio 657). Complaint filed
by Ascención Daza Galindo on December 17, 1998, before the Tame municipal notary, cited in: Decision of the Special
Military Criminal Investigation Unit of June 14, 2001 (evidence file, tome 2, folio 496); Complaint filed by María Antonia
Rojas before the Tame municipal notary on December 17, 1998, cited in: Decision of the Special Military Criminal
Investigation Unit of June 14, 2001 (evidence file, tome 2, folios 496 and 497), and Complaint filed by Carmen Edilia
González before the Tame municipal notary, on December 18, 1998, cited in: Decision of the Special Military Criminal
Investigation Unit of June 14, 2001 (evidence file, tome 2, folio 497).
274
Likewise, Carmen Edilia González stated: “at about 10 a.m. the helicopters that were flying over the area launched
bombs on the village and, as a result, the people who were on the highway and those that had stayed in their homes were
hit by shrapnel from the bombs, and when [she] left her home her husband was dead, the child in her arms was also
injured […].” Complaint filed by Carmen Edilia González before the Tame municipal notary, on December 18, 1998, cited in:
Decision of the Special Military Criminal Investigation Unit of June 14, 2001 (evidence file, tome 2, folio 497). Medical
records (evidence file, tome 19, folios 9811 to 9931); Disciplinary Chamber of the Attorney General’s Office, case file 16101640 (155-45564/2000), December 19, 2002 (evidence file, tome 2, folios 610 and 611); Letter sent by the Tame
(Arauca) municipal notary to the United Nations High Commissioner for Human Rights on December 14, 1998 (evidence file,
tome 15, folios 7813 and 7814); Decision issued by the Colombian Military Forces, Air Force and the Special Military
Criminal Investigation Unit on June 14, 2001 (evidence file, tome 2, folios 421 and 422), and Video of procedure of
February 11, 2000 (evidence file, tome 19, folio 9620), and Ballistics and explosives inspection and examination, expanded
report of April 28, 2000. Investigation No. 419 UNDH, Prosecutor General’s Office (evidence file, tome 19, folios 9689 to
9691). See also: 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 2, folios 350 and ff.).
‐ 58 ‐