“Pantera” operational orders for December 12, 1998, the Commander of the 36th Counter-Guerrilla
Battalion, Major J.M.G., determined that its mission was “to execute military search and control
operations in the sector near the village of Santo Domingo […] in order to capture the subversive
group committing crimes in the sector.”83
65.
In addition, it was not disputed by the State that a partial “Pantera II” operational order was
issued on the same date in which the Commander indicated that the said operation “consist[ed] in
executing an offensive operation against the guerrilla by means of an airborne mission […] to the
area of Santo Domingo” and orders were given to carry out counter-guerrilla offensives to occupy
militarily and search the Santo Domingo sector, Tame municipality, starting at 6 a.m. on December
13, 1998.84
66.
The evidence provided and the arguments presented confirm that the gunfire intensified
during the night, ceased in the early hours, and resumed at approximately 5.30 a.m. on December
13, 1998.85
67.
The representatives added, and the State did not contest, that owing to the proximity of the
hostilities, those who attended the game of football had to spend the night in Santo Domingo.86 As
a preventive measure, during the night some inhabitants kept their lights on to identify themselves
as civilian population.87
C. The bombing of the village of Santo Domingo on December 13, 1998, and
subsequent events
C.1. Undisputed facts
68.
It is an uncontested fact that, on December 13, 1998, several aircraft flew over the area
around Santo Domingo during the morning and in greater numbers after 9 a.m.88 The aircraft were
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 2, folio 327).
83
Cf. Statement of Major J.M.G. (Commander of the 36th Counterinsurgency Battalion) of December 12, 1998, cited
in: 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 2, folio 338).
84
Cf. Operations order (unnumbered), Pantera, Tactical Campaign Plan, 18th Brigade, 1998, Map of the department
of Arauca (evidence file, tome 15, folio 7745). See also: 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 2,
folio 338).
85
Cf. Statement of María Panqueva before the 124th Criminal Court of First Instance in Arauca on December 21,
1998 (evidence file, tome 2, folio 451 and folio 645); Statement of Marcos Neite before the 124th Criminal Court of First
Instance in Arauca on December 21, 1998 cited in: Decision of the Special Military Criminal Investigation Unit of June 14,
2001 (evidence file, tome 2, folios 451 and 452), and Statement of Alba Yanet García during the public hearing of June 27
and 28, 2012. See also: 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 2, folio 327).
86
Cf. Statement of Edwin Fernando Vanegas before the 124th Criminal Court of First Instance in Arauca on December
14, 1998 (evidence file, tome 2, folio 423).
87
Cf. Complaint filed by Luz Nelly Benítez on December 16, 1998, before the Tame Municipal notary (evidence file,
tome 2, folio 3144), and complaint filed by Amalio Neite on December 16, 1998, before the Tame Municipal notary
(evidence file, tome 2, folio 493). In this regard, “that same day, at 3 p.m., on the Santo Domingo football field, the
villages of Caño Verde and Caño Limón began a fiercely-fought game. The players had been struggling to obtain the ball for
five minutes […] when, suddenly, players and their fans saw a small aircraft that was flying over the village. The game
stopped immediately […].” Newspaper article, El Espectador, “Un Partido de muerte” of December 23, 1998 (evidence file,
tome 14, folio 7351). See also: Complaint filed by Luz Nelly Benítez on December 16, 1998, before the Tame Municipal
notary (evidence file, tome 2, folio 3144 ), and complaint filed by Amalio Neite on December 16, 1998, before the Tame
Municipal notary (evidence file, tome 2, folio 493).
88
Cf. Santo Domingo operations report, Special Air Operations Directorate, Colombian Military Forces, Air Force
(evidence file, tome 19, folios 10122 to 10125); Statement of Marcos Neite before the Court 124 of the Military Criminal
Investigation Unit, of December 21, 1998 (evidence file, tome 2, folio 494); Statement of Amalio Neite Gonzalez before the
124th Criminal Court of First Instance, on December 21, 1998 (evidence file, tome 2, folio 493). See also: 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, tome12, folio 6350).
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