27
the State’s responsibility and its impact on the enjoyment of human rights by the alleged victims in
the instant case. 111
103. It should also be mentioned that, with regard to the identification of the victims, the
Commission notes that in the instant case there coexist a series of circumstances that pose serious
difficulties for the identification of the next of kin of the alleged victims, of the persons whose
property was looted and/or destroyed, and of those persons who moved away from the village of
Santo Domingo. As regards to the next of kin of the alleged victims and the persons who were
displaced, in keeping with its analysis below, the Commission considers proven that the terror
caused by the bombardment drove all of the villagers to abandon the village of Santo Domingo and
set off for Betoyes and the cities of Tame and Saravena. Furthermore, the inspections carried out in
the framework of the investigations revealed irregularities in 70% of the homes in the village of
Santo Domingo. 112 However, they were not thoroughly documented. The Commission believes that
given the above, it is necessary to adopt flexible criteria in the identification of the victims in the
instant case.
104. Finally, based on all the evidence contained in the record, the Commission has
reached the conclusion that the families of the victims, the persons who were displaced from the
village of Santo Domingo, and those whose property was looted and/or destroyed could exceed the
number of persons identified thus far and considered victims in the present report. In light of the
foregoing, and as is mentioned in the recommendations, it is incumbent upon the State to establish
a collective reparation mechanism that recognizes the impact that the bombardment had on the
civilian population of the village of Santo Domingo which was forced by the events to abandon the
village.
A.
Right to life, right to humane treatment, and rights of the child (Articles 4(1), 5(1),
and 19 of the American Convention in connection with Article 1(1) thereof)
105.
Article 4(1) of the American Convention provides:
1.
Every person has the right to have his life respected. This right shall be protected by
law and, in general, from the moment of conception. No one shall be arbitrarily deprived of
his life.
106.
For its part, Article 5(1) of the American Convention states:
1.
Every person has the right to have his physical, mental, and moral integrity
respected.
107.
Article 19 of the Convention stipulates:
Every minor child has the right to the measures of protection required by his condition as a
minor on the part of his family, society, and the state.
108. The Commission has taken it as proven that on December 13, 1998, at 10:02 a.m.,
the crew of FAC helicopter UH1H 4407, comprising the pilot Lieut. César Romero Pradilla, the
copilot Lieut. Johan Jiménez Valencia, and the aircraft's flight technician Héctor Mario Hernández
Acosta, launched a cluster munition composed of six fragmentation bombs at the urban area of the
111
112
IACHR, Report 62/08 Manuel Cepeda Vargas, July 25, 2008, par. 73.
Annex 5. Special Military Preliminary Criminal Investigation Unit, June 14, 2001, pp. 165-166. Appendix C.4 to
the petitioners' brief received at the IACHR on October 28, 2003.