24
massacre, was murdered on January 24, 2002, allegedly by members of paramilitary groups in
collaboration with members of the Army. 94
F.
Disciplinary investigation and contentious administrative proceeding
93.
Following the events of December 13, 1998, the National Director of Special
Investigations of the Office of the Procurator General launched, motu propio, a preliminary
disciplinary inquiry, as a result of which, on June 13, 2000, the Office of the Procurator General
ordered an investigation of Capt. César Romero Pradilla, Lieut. Johan Jiménez Valencia, Flight
Technician Héctor Mario Hernández Acosta, and the commander of the Army’s 36th CounterGuerrilla Battalion (“Comuneros”), Maj. Juan Manuel González González. 95
94.
Disciplinary charges were brought against the above mentioned officers on October
27, 2000. Specifically, Capt. Cesar Romero Pradilla was charged with the launch of a cluster
munition, knowing the danger that it entailed, inasmuch as the chosen target was located inside the
village, very close to where the civilian population, who were plainly visible from the helicopter, had
gathered that morning. The Office of the Procurator General held that such behavior constituted a
gross violation of international humanitarian law and wanton disregard for human life. Flight
Technician Héctor Mario Hernández Acosta was charged with the fact that on December 13, 1998,
at the time of the military operations in the village of Santo Domingo, heeding an order given by the
pilot of the aforementioned aircraft, he fired a cluster munition at a preselected target, knowing that
it was situated inside the village near to where the majority of the inhabitants were assembled, a
fact that could be observed from the helicopter under on the local visibility conditions. Such
conduct constituted wanton disregard for human life. 96
95.
Maj. Juan Manuel González González was brought up on a disciplinary charge of
negligent omission of duty for failure to exercise his authority over the troops located in the urban
area of the District of Santo Domingo between December 16 and 22, 1998, during which time he
negligently allowed the soldiers to arbitrarily enter the residences, taking advantage of the fact that
their inhabitants had moved to other municipalities as result of the bombardment on December 13,
1998. Finally, Lieut. Johan Jiménez Valencia was charged with omission of duty because he
knowingly concealed the possibly irregular conduct of his fellow crewmembers. 97
96.
On October 2, 2002, the Special Disciplinary Committee established by the
Procurator General delivered a judgment at first instance in which it punished Capt. César Romero
Pradilla and Flight Technician Héctor Mario Hernández Acosta with suspension from duty for three
months and acquitted Maj. Juan Manuel González González and Lieut. Johan Jiménez Valencia. 98
94
IACHR, Report No. 25/03, Petition 289-02, Admissibility, Santo Domingo, Colombia, March 6, 2003, par. 9.
Available at: http://www.cidh.oas.org/annualrep/2003eng/Colombia.289.02.htm. The State controverted that allegation and
indicated that the petitioners did not provide evidence to support their allegations. Additionally it indicated that those facts
were not declared admissible by the Commission and because of that they should not be taken into consideration in the
merits stage.
95
Annex 21. Office of the Procurator General of the Nation, Special Disciplinary Committee, Case 155-45564-00,
October 2, 2002. Appendix C.1 to the petitioners' brief received at the IACHR on October 28, 2003.
96
Annex 21. Office of the Procurator General of the Nation, Special Disciplinary Committee, Case 155-45564-00,
October 2, 2002. Appendix C.1 to the petitioners' brief received at the IACHR on October 28, 2003.
97
Annex 21. Office of the Procurator General of the Nation, Special Disciplinary Committee, Case 155-45564-00,
October 2, 2002. Appendix C.1 to the petitioners' brief received at the IACHR on October 28, 2003.
98
Annex 21. Office of the Procurator General of the Nation, Special Disciplinary Committee, Case 155-45564-00,
October 2, 2002. Appendix C.1 to the petitioners' brief received at the IACHR on October 28, 2003.