18 accomplices (using radio communication) to denounce the joint action of the troops and the Air Force as "indiscriminate bombing" to human rights organizations, including the International Committee of the Red Cross, and broadcast and print mass media.” 66 73. In testimony presented on January 5, 2009, Brig. Gen. Barbosa Hernández stated that the fighting with the guerrillas took place six kilometers from the urban areas of Santo Domingo. Furthermore, Maj. Juan González and Capt. Jaime Rodolfo Núñez from the same brigade said that they heard that a bomb that the guerrillas had placed in a vehicle exploded in Santo Domingo and that the fighting took place three kilometers from the village. 67 74. In addition, a document signed by the Inspector General of the Air Force said that the FAC is not responsible for what happened and that “there is no evidence of bombing or machine-gunning” and "there are no traces of blood either inside or outside the homes, except in two places.” It also mentioned that "the Air Force aircraft did not use bombs. The use of this weapon requires special authorization from the Commander of the Air Force, which was not given.” 68 75. General Héctor Fabio Velasco, who was Commander of the Air Force at the time, stated in a news program on August 13, 2001, that bombs were not used. 69 However, in a later statement, the general said that he had heard about the use of the cluster bomb […] some days afterward because […] authorization for the use of such weapons was only given by the Commander-in-Chief of the Armed Forces through the Air Force Command, and since that had not initially occurred, when the account emerged that the deaths were caused by bombing I denied it, saying that it surely referred to the firing of a 40 mm shell. 70 76. As regards the second version of events, there are different accounts from the military personnel who took part in the operations of December 13, 1998, which variously state that the cluster bomb was launched five kilometers, four kilometers, two kilometers, one kilometer, 600 meters, and 500 meters north of the village of Santo Domingo. 71 In this regard, the judgment in the criminal proceeding concludes 66 Annex 16. National Army, Second Division, 18th Brigade, Communication 0371/DIV2-BR18-B6-DH-725, December 13, 1998. Appendix D.2 to the petitioners' brief received at the IACHR on October 28, 2003. See, also, 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. 30. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010. 67 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. 30. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010. 68 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. 30. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010. 69 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. 30. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010. 70 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. 30-31. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010. 71 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. 36. Appendix 2 to the State’s brief of October 5, 2010, received at the IACHR on October 6, 2010.

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