20
judges. On February 9, 2001, the UIPME vacated the writ of prohibition issued on May 20, 2000,
by the military criminal courts and ordered formal proceedings to be instituted against the crew of
helicopter UH1H – FAC 4407. 77
81.
On June 14, 2001, the UIPME issued a decision on the legal situation of Capt. César
Romero Pradilla, Lieut. Johan Jiménez Valencia, and First Technician Héctor Mario Hernández
Acosta, in which it ordered their detention with the benefit of provisional release pending trial for
the alleged crimes of manslaughter and bodily harm. 78 It should be noted that in their respective
declarations in the preliminary inquiry, which were assessed in the decision of June 14, 2009, the
FAC servicemen stated,
Capt. César Romero Pradilla
[…] That he heard about the targets and the information about the fighting from the
SKYMASTER recordings and intelligence reports that personnel from the 18th [Brigade] were
providing […] That coordination with regard to targets was done directly with the armed
helicopters that were supporting them, as well as with the SKYMASTER which were crewed
by American pilots and that for the purposes of selecting a target for a cluster bomb that
coordination was done with the armed helicopters that had special radio communication […]
That as a guarantee for his defense he requests the office to provide the videos from the
SKYMASTER […] That these videos may be located at Air Force Command or at the office
where Command has sent them, as well as in Caño Limón; that these videos contain the
audio for all air-surface and air-air communications […] That before each operation there was
a briefing that was attended by all the aircraft pilots, including those of the SKYMASTER; Cdr.
Olaya Acevedo, Liaison Officer and Cdr. Gómez Márquez FAC Liaison Officer with OXY. That
it is established in the briefings what is to be done in each operation and that the targets for
which support was to be provided with the cluster munition were established by the videos
from the SKYMASTER and a diagram made […] That no FAC pilot installs a cluster bomb in
their aircraft of their own accord, without an order to do so […] that the targets on which the
munitions were used were not selected by him […] 79
Lieut. Johan Jiménez Valencia
[…] That the SKYMASTER has videos and recordings of the crews in the combat area since
that plane has all the necessary equipment to film by day or night and record conversations
among crews, and it has the recording for the whole operation, absolutely all of it; there can
be no period of time that they did not record [...] The coordinates are issued in the flight
instructions and flight orders, but once in the theater of operations, the H-500, the helicopter
“HARPY” and the SKYMASTER are the ones who helped the pilots of the 4407 to identify the
target with the help of visual references on the ground […] He is not privy to the videos but
knows that the function of the SKYMASTER in that operation was to film the proceedings and
a copy of those videos must be with the company OCCIDENTAL DE COLOMBIA […] 80
First Technician Héctor Mario Hernández Acosta
77
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. 3. Appendix 2 to the State’s brief of
October 5, 2010, received at the IACHR on October 6, 2010.
78
Annex 5. Special Military Preliminary Criminal Investigation Unit, June 14, 2001.
petitioners' brief received at the IACHR on October 28, 2003.
Appendix C.4 to the
79
Annex 5. Special Military Preliminary Criminal Investigation Unit, June 14, 2001, pp. 170 to 176. Appendix C.4
to the petitioners' brief received at the IACHR on October 28, 2003.
80
Annex 5. Special Military Preliminary Criminal Investigation Unit, June 14, 2001, pp. 176 to 183. Appendix C.4
to the petitioners' brief received at the IACHR on October 28, 2003.