28
village of Santo Domingo, which caused the deaths of 17 persons, including six children, namely,
Jaime Castro Bello (4), Luis Carlos Neite Méndez (5), Egna Margarita Bello (5), Katherine (or
Catherine) Cárdenas Tilano (7), Oscar Esneider Vanegas Tulibila (12), Geovani Hernández Becerra
(14), Levis Hernando Martínez Carreño, Teresa Mojica Hernández de Galvis, Edilma Leal Pacheco,
Salomón Neite, María Yolanda Rangel, Pablo Suárez Daza, Carmen Antonio Díaz Cobo, Nancy Ávila
Castillo (or Abaunza), Arnulfo Arciniegas Velandia (or Calvo), Luis Enrique Parada Ropero, and
Rodolfo Carrillo.
109. Furthermore, the blast from the cluster munition also wounded 27 people, including
nine children, namely 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, Lida Barranca (8), Ludo Vanegas,
Adela Carrillo, Alcides Bonilla, and Fredy Mora.
110. The Commission has further considered proven that the precision of cluster
munitions is limited and that they have enormous antipersonnel power; that the persons who were
in the village of Santo Domingo at the time of the bombardment were civilians, and that, as has
been corroborated from the Skymaster airplane video footage, the servicemen who were crewing
the aircraft that took part in the military operations were aware of the civilian status of the persons
who were in the village. The State, for its part, has not contested these facts.
111. In its Third Report on the Situation of Human Rights in Colombia (1999), the
Commission found that “[t]he Colombian Army has made clear that it includes in its count of
guerrilla forces many individuals who should be treated as civilians pursuant to international
humanitarian law.”
112.
The Commission also said that it had
[…] received credible information indicating that the State’s public security forces, particularly
the Army, carry out disproportionate and indiscriminate attacks, resulting in civilian loss of life
and damages to civilian objects. According to this information, some of these attacks are
land-based while others are aerial.
The Commission has received a significant number of complaints indicating that the Army
attacks residences, plazas, schools or other similar objects and areas where it expects to find
members of armed dissident groups. According to the complaints, the Army carries out these
attacks indiscriminately by firing their weapons at and throwing explosives into the residences
or other areas without any apparent concern for civilians whom it knows or should know are
also present within the structure or vicinity. 113
113. As regards the right enshrined in Article 4 of the American Convention, the InterAmerican Court has ruled that
[...] The right to life plays a key role in the American Convention as it is the essential corollary
for realization of the other rights. 114 When the right to life is not respected, all other rights
113
Annex 27. IACHR. Third Report on the Situation of Human Rights in Colombia, OEA/Ser.L/V/II.102, Doc. 9 rev.
1, February 26, 1999, pars. 178 and 179. Available at: http://www.cidh.oas.org/countryrep/Colom99en/chapter.4c.htm.
114
I/A Court H.R., Case of the Miguel Castro-Castro Prison v. Peru. Judgment of November 25, 2006. Series C,
No. 160, par. 237; I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series
C, No. 140, par. 120; I/A Court H.R., Case of Huilca Tecse v. Peru. Judgment of March 3, 2005. Series C, No. 121, par. 65.