Hunter: “The one nearby.”275
198. In the same video it is possible to hear that at 10:02:09 a.m., one of those who intervened
in the communications states: “Okay, it’s away, its away!” referring to the AN-M1A2 device and at
10:02:11 a.m., another pilot says: “Yes, you can see the smoke over there.”276 However, although
it is possible to see the “wooded area” where the bomb should have fallen according to the
indications in the Skymaster image, it is not possible to see, in any part of the screen, the smoke
that it is said is being observed. A few seconds later, at 10:02:49 a.m., when the filming angle of
the Skymaster changes, it is possible to see in the upper right hand of the screen a column of dark
smoke coming from the village of Santo Domingo, a column that could not be seen in the previous
images (at 09:16:04, and 09:23:23, among other times).277 At 10:02:50 a.m., the Skymaster pilot
says in English: “it looks like there is a…”), a phrase that is interrupted and that is followed by a
silence of more than 30 seconds, without it being possible to see the village again until several
minutes later.278 When the image returns to the village of Santo Domingo at 10:08:19 a.m., the
column of smoke can no longer be seen.279
199. What can be seen in the images of the Skymaster video concurs with the conclusions of the
judgment of the 12th Criminal Court which states that “it is possible to see in the very upper right
hand of the screen a slanted image of the village with smoke,”280 as well as the statements of
inhabitants of Santo Domingo who recall having seen smoke after the bombs had fallen.281
Similarly, these findings and testimonies are consistent with the technical appraisals performed in
the inspection procedure carried out at the Apiay Base of the Colombian Air Force on August 12,
2003, when tests were carried out consisting in the launch of cluster devices similar to those used
by the Air Force in Santo Domingo, in which it was possible to observe clearly dark smoke when
the devices touched the ground.282 The technical report following the said procedure reached the
same conclusions.283
275
In relation to the location of the “wooded area (mata de monte) which is very close by,” see aerial photograph
taken of the area of Santo Domingo and the wooded area (evidence file, tome 19, folio 10088 and 10089); Skymaster video
of December 13, 1998, where it can be seen that this conversation was reported at 10 a.m. (evidence file, tome 19, folio
9621); Agustín Codazzi Institute, Sub-Directorate of Geography and Cartography, map to scale of 1:100,000 with the
points and distances (evidence file, tome 19, folio 9945 and 9946), and Santo Domingo Operation Report, Special Air
Operations Directorate, Colombian Military Forces, Air Force (evidence file, tome 19, folios 10122 to 10125). See also: 12th
Criminal Court of the Bogotá Trial Circuit with functions under Law 600 of 2000, First Instance Judgment, Case file 2005102, September 24, 2009 (evidence file, tome 2, folio 2998).
276
Skymaster video of December 13, 1998, 10:02:09 a.m. until 10:02:11 a.m. (evidence file, tome 19, folio 9621).
277
Cf. Skymaster video of December 13, 1998, 09:16:04 a.m.; 09:23:23 a.m.; 10:02:49 a.m. (evidence file, tome
19, folio 9621).
278
Cf. Skymaster video of December 13, 1998, 10:02:50 a.m. and ff. (evidence file, tome 19, folio 9621).
279
Cf. Skymaster video of December 13, 1998, 10:08:19 a.m. (evidence file, tome 19, folio 9621).
280
Judgment, 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First
Instance Judgment, Case file 2005-102, September 24, 2009 (evidence file, tome 20, folio 10626).
281
Statement of María Panqueva, who said: “We were there, when I saw a bit of smoke, but it was already too late
because we heard an enormous noise and that was when I looked […].” Testimony provided on December 21, 1998, before
the 24th Court of the Military Criminal Investigation Unit (evidence file, tome 2, folios 643 to 645); Statement of Luis Sel
Murillo Villamizar: “I saw a big green helicopter […]; one could see two sort of cannons pointing forward, like tubes; one
could see the tires; the helicopter was flying over the right-hand side of the village, and went I looked, a small stream of
smoke flowed out of it going exactly to the spot where the explosion occurred; when the smoke hit the highway, it
exploded; it fell on half the highway in front of the store owned by Mario Galvis […]; it was this explosion that killed 11
people instantaneously and injured others, some of whom died on the way, for a total of 17 people dead […].” Statement
made by Luis Sel Murillo Villamizar on December 22, 1998, before the 12th Court of the Military Criminal Investigation Unit
(evidence file, tome 2, folios 650 to 652); Statement of Nilsan Diaz Herrera: “[…] it was a helicopter that had some
structure on the sides, some tubes; it was big and black or green, it was always high […], I saw a stream of smoke that
came down and almost at once there was an explosion; I just saw the wave of smoke that came down […]; the village is
located on both sides of the highway and the bombs fell on the highway; one fell outside the village; another fell on the
bonfire where the charity fair was being held, another on a truck and another on the highway; and it was the shrapnel from
the explosions that killed people […].” Statement made by Nilsan Díaz Herrera on December 22, 1998, before the Court of
the Military Criminal Investigation Unit (evidence file, tome 2, folios 647 and 648).
282
Cf. Inspection procedure conducted at the Colombian Air Force Base in Apiay (Meta), minute 1:01:45. National
Human Rights and International Humanitarian Law Unit, Prosecutor General’s Office, Case file No. 419 (evidence file, tome
‐ 59 ‐