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.

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