15
mentioned several times that there were guerrillas among the civilians who were leaving the village,
and for that reason one of them insistently suggested firing rockets in front of the moving vehicle
that was carrying the wounded.” 47
65.
In that respect, the versions of several survivors and witnesses concur that they
were attacked after the explosion of the cluster bomb, which prevented them from immediately
moving the wounded. In that connection, it is worth noting the following statements of persons
who were wounded in and/or survived the bombardment:
María Panqueva stated,
[…] I could not help [the wounded] because I was wounded myself, and then suddenly a truck
appeared and got us out, just lying in the back. And after that, as we were driving away, they
shot at us from either side of the road, and they followed us for about two kilometers. And
then they got us out and more dead and wounded people were left. 48
Nilsan Díaz Herrera stated,
[…] those who were still alive dragged away the wounded to get them out any way they
could. I was leaving the village and when they saw me running away with my 12-year-old son
they fired at us all along the edge of the embankment that leads to the savannah. I hid among
the trees to escape and avoid being killed. I had the idea of taking off my shirt, so that they
could not see me and ran to where the jungle begins, and then they stopped following me
[…] 49
For his part, Luis Sel Murillo Villamizar stated, “[…] As we were getting out the dead and wounded,
the helicopter continued firing its machine guns and followed us for about two kilometers up the
road, while everyone was leaving the village.” 50 Amalio Neite stated, “[…] I felt that I had been
wounded and I told my brother to have a look at me […] and I was bleeding, and I looked at my
other brother and he was limping too. When I saw all this, I went up the road with the women and
children, and as I was going there a helicopter came above us and was shooting at us […]” 51 Adán
Piñeros stated, “[…] and even after the explosion as we were running up the road the same
helicopter carried on blasting away at us […]” 52
66.
In this regard, the Skymaster video footage narrated in the judgment at first instance
shows that between 10:10 and 10:11 a.m. a crew member of that plane, referring to helicopter
“Harpy”, shouts, “Tell him to cease fire, damn it! They are civilians. [...] Jesus Christ! He's shooting
47
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, pp. 46 and 47. Appendix 2 to the State’s brief
of October 5, 2010, received at the IACHR on October 6, 2010.
48
Annex 8. Statement of María Panqueva submitted to the 24th Military Preliminary Criminal Investigation Court on
December 21, 1998. Appendix A.1.b to the petitioners’ brief received at the IACHR on August 21, 2006.
49
Annex 9. Statement of Nilsan Días Herrera submitted to the Municipal Ombudsman of Tame on December 16,
1998. Appendix A.2.a to the petitioners’ brief received at the IACHR on August 21, 2006.
50
Annex 10. Statement of Luis Sel Murillo Villamizar submitted to the 24th Military Preliminary Criminal
Investigation Court on December 22, 1998. Appendix A.3.c to the petitioners’ brief received at the IACHR on August 21,
2006.
51
Annex 11. Statement of Amalio Neite submitted to the Municipal Ombudsman of Tame on December 16, 1998.
Appendix A.5.a to the petitioners’ brief received at the IACHR on August 21, 2006.
52
Annex 12. Statement of Adán Piñeros submitted to the Municipal Ombudsman of Tame on December 16, 1998.
Appendix A.13 to the petitioners’ brief received at the IACHR on August 21, 2006.