14 projectiles in events that occurred between December 12 and 14, 1998,” 43 but not as a consequence of the cluster bomb explosion. Therefore, he will not be considered a victim in the instant case. Furthermore, it should be mentioned that in the merits stage the petitioners implicitly desisted from the inclusion of Leonardo Alfonso Calderón as a victim in the instant case. 61. In addition, the following were wounded: Marcos Neite (5), Erinson Olimpo Cárdenas (9), Hilda Yuraime Barranco (14), Ricardo Ramírez (11), Yeimi Viviana Contreras (17), Maryori Agudelo Flórez (17), Rosmira Daza Rojas (17) Neftalí Neite (17), Alba Yaneth García, Fernando Vanegas, Milciades Bonilla Ostos, Ludwing Vanegas, Xiomara García Guevara, Mario Galvis, Fredy Monoga Villamizar (or Fredy Villamizar Monoga), Mónica Bello Tilano, Maribel Daza, Amalio Neite González, Marian Arévalo, José Agudelo Tamayo, María Panqueva, Pedro Uriel Duarte Lagos, 44 Lida Barranca (8), Ludo Vanegas, Adela Carrillo, Alcides Bonilla, and Fredy Mora. 45 62. It should be noted that in Report on Admissibility 25/03, the Inter-American Commission determined that 25 persons had been wounded, based on information provided by the petitioners, which was based on the count of the wounded contained in the decision as regards legal situation issued by the Special Military Preliminary Criminal Investigation Unit on June 14, 2001. However, on February 24, 2009, during the merits stage of the matter, a judgment at first instance was issued in the criminal trial in which two individuals not on the original list of the wounded in the report on admissibility were included as such; their inclusion among those wounded has not been contested by the State. In view of the foregoing, the Commission will consider as the victims of wounds caused by the cluster munition the 27 individuals listed in the preceding paragraph. 63. In the judgment at first instance in the criminal trial, it was noted that the Skymaster video footage shows that at 10:08 a.m. there were a large number of people, including women and children, abandoning the village, some of them running in the direction of Tame and Betoyes. The judgment also states that “at around 11:00 a.m. the exodus of people dressed in civilian clothes was moving along the paved road over several kilometers, while on the audio there were long periods of silence interspersed by comments from the Skymaster crew speculating that there were guerrillas among those walking.” 46 64. The judgment also says that "at 10:21 a.m. it was observed that from a house [...] the wounded persons were spotted in the back of a white truck [...] so the crew of the Skymaster 43 Annex 4. Judgment of the Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009, p. 12. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010. 44 Annex 4. According to the Judgment of the Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009, pp. 76 and 77, Marcos Neite González (5), Erinson Olimpo Cárdenas (9), Hilda Yuraime Barranco (14), Ricardo Ramírez (11), Yeimi Viviana Contreras (17), Maryori Agudelo Flórez (17), Rosmira Daza Rojas (17) Neftalí Neite (17), Alba Yaneth García, Fernando Vanegas, Milciades Bonilla Ostos, Ludwing Vanegas, Xiomara García Guevara, Mario Galvis, Fredy Monoga Villamizar (or Fredy Villamizar Monoga), Mónica Bello Tilano, Maribel Daza, Amalio Neite González, Marian Arévalo, José Agudelo Tamayo, María Panqueva, and Pedro Uriel Duarte Lagos were wounded. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010. 45 Annex 7. According to the Disciplinary Chamber of the Office of the Procurator General of the Nation, Case 16101640 (155-45564/2000), December 19, 2002, Lida Barranca was wounded. Appendix to the petitioners’ brief received at the IACHR on August 21, 2006. According to the decision of the Special Military Preliminary Criminal Investigation Unit of June 14, 2001, pp. 36 and 37, Lida Barranca (8), Ludo Vanegas, Adela Carrillo, Alcides Bonilla, and Fredy Mora were wounded. Appendix C.4 to the petitioners' brief received at the IACHR on October 28, 2003. 46 Annex 4. Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009, p. 46. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010.

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