the troops are located on the highway […] I told the idiot that he should drop it to the whiskey [west] and he dropped it all over the highway.” 335 225. The 12th Criminal Court also indicated in its first instance judgment that seconds before the launch of the device, the “intensity of the combat [was] evident as can be inferred from the speed of the conversation and the nervous words of those who spoke, to the point that, at 10:01:39 a.m., seconds before the launch, the Puerto Rican crew of Skymaster warned C.G. that there were a lot of aircraft, suggesting that more order should be established.”336 226. Finally, in its second instance judgment, the Bogotá Superior Court referred to the testimony of Captain S.A.C.E., who stated that “[the airborne support was not necessary] because the ground conditions (vegetation) did not allow it.”337 This leads to the conclusion that the aircraft that launched the cluster bomb did not take the necessary care to consult the ground troops in order to find out if the bomb was needed to achieve the eventual effects on a military objective. 227. Consequently, based on all the above, the Court notes that: (i) the AN-M1A2 device used is a weapon with limited precision; (ii) the launch instruction was imprecise, having designated a launch area that could refer to an objective that it is unclear whether it was defined, because it could range from 70 meters from Santo Domingo to 500 meters further to the north; (iii) manuals and regulations were in force at the time of the events indicating that weapons such as the one used could not be used in populated areas or near villages with civilian population; (iv) the circumstances surround the events reveal that errors had already been committed with more precise weapons than the cluster bomb some minutes before 10.02 a.m.; (v) doubts existed about the need to use this type of weapon in the confrontations that took place on December 13, 1998, and (vi) a few seconds before the launch, one of the Skymaster pilots suggested the need to introduce some order among the aircraft, which denoted that there was a certain confusion in the airborne operation at that precise moment. 228. In addition to the above, it should be underlined that, neither from the evidence provided nor from the conversations between the pilots of the aircraft, can it be inferred that the fact that there was a village populated by civilians nearby was taken into account at any time during the operation; nor was the need expressed to take any kind of precaution or care when launching cluster bombs or other missiles in relation to the safety of the civilian population. To the contrary, the only concerns expressed by the aircraft pilots were in relation to the troops who were near the bridge.338 229. In any case, given the lethal capacity and limited precision of the device used, its launch in the urban center of the village of Santo Domingo or nearby, was contrary to the principle of precaution in attack. * 230. Based on all the above, this Court finds that the State is responsible for the violation of the right to life recognized in Article 4(1) of the Convention, in relation to Article 1(1) of this instrument, to the detriment of the persons who died in the village of Santo Domingo (supra para. 70 and cf. Annex I), as well as Article 5(1) of the Convention, in relation to Article 1(1) thereof, to the detriment of the persons who were injured on December 13, 1998 (supra para. 70 and cf. Annex II). 335 Skymaster video of December 13, 1998, 9:43:42 a.m. to 9:44:46 a.m. (evidence file, tome 19, folio 9621). 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 12, folio 6367). 336 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, folio 6368). 337 Superior Court of Bogotá, Criminal Chamber, Judgment of June 15, 2011 (evidence file, tome 20, folio 10782). 338 In this regard, in the Skymaster video of December 13, 1998, at 09:43:55 a.m. (evidence file, tome 19, folio 9621), one of the pilots can be heard saying “Oh!! There’s the troop. That’s what they’re doing! […] smoke from the rocket, that’s next to the troop.” ‐ 68 ‐