subsequently identified as: (i) a UH 60L armed Black Hawk helicopter, under the commanded of Major S.G. (call sign: “Arpía” [Harpy Eagle]); (ii) a UH1H 4407 helicopter with cluster bombs, piloted by Lieutenant C.R.P. (call sign: “Lechuza” [Owl]); (iii) a Hughes–500 armed helicopter under the command of Lieutenant L.S. (call sign: “Hunter”); (iv) a Skymaster plane crewed by two foreigners and the Colombian Air Force Captain C.G. (call sign: “Gavilán” [Hawk]); (v) a UH 60 helicopter, piloted by Captain R.G.G. (call sign: “Spock”), and (vi) a MI 17 helicopter owned by the company Heliandes piloted by a civilian (call sign: “Pegaso” [Pegasus]).89 In its answering brief, the State acknowledged that the UH1H helicopter carried an AN-M1A2 cluster device. 69. In addition it has not been disputed that, during the operations in the area, at 10:02:09 a.m., the crew of the Colombian Air Force UH1H 4407 helicopter composed of the pilot Lieutenant C.R.P., he co-pilot, Lieutenant J.J.V., and the aircraft technician H.M.H.A., launched a cluster device (“AM-N1A2”).90 70. Similarly, it was not disputed that 17 individuals died as a result of the events that occurred between December 12 and 14 in Santo Domingo,91 of whom six were children. In addition, according to the Commission’s Merits Report,92 27 individuals were injured,93 including 10 children.94 89 Cf. Santo Domingo operations 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 2005-102, September 24, 2009 (evidence file, tome 2, folio 2980 and 2994). 90 Cf. Skymaster video at 10:02:09 a.m.; Note No. 226 Diara-Seman 412 Air Force, information on precedence of cluster bombs, of February 22, 2001 (evidence file, tome 15, folio 7811); Communication of December 30, 1998, “Relampago 2” Operation, Colombian Military Forces, Air Force (evidence file, tome 19, folio 10021 to 10026); Statement made by Captain Guillermo Olaya Acevedo (Liaison officer during the operation in Santo Domingo) before the 122nd Military Court of First Instance of the IPM, on March 1, 2001 (evidence file, tome 15, folio 7713), and Santo Domingo operations report, Special Air Operations Directorate, Colombian Military Forces, Air Force (evidence file, tome 19, folio 10124). 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 2998 and 2999). 91 Those who died as a result of the cluster bomb were: Jaime Castro Bello, Luis Carlos Neite Méndez, Egna Margarita Bello, Katherine (or Catherine) Cárdenas Tilano, Oscar Esneider Vanegas Tulibila, Geovani Hernández Becerra, 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. 92 It should be noted that in Admissibility Report 25/03, the Inter-American Commission determined that 25 people had been injured based on the information provided by the petitioners, which was, in turn, based on the number of injured people included in the ruling deciding the legal situation issued by the Special Military Criminal Investigation Unit on June 14, 2001. However, on February 24, 2009, during the merits stage of the matter, the first instance judgment in the criminal proceedings was handed down, which included among the injured persons, two people who were not on the initial list in the Admissibility Report. Consequently, in its Merits Report, the Commission considered the 27 persons named in this Report as victims of injuries caused by the cluster device. 93 The following persons were injured: Marcos Neite, Erinson Olimpo Cárdenas, Hilda Yuraime Barranco, Ricardo Ramírez, Yeimi Viviana Contreras, Maryori Agudelo Flórez, Rosmira Daza Rojas, Neftalí Neite, 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, Ludo Vanegas, Adela Carrillo, Alcides Bonilla and Fredy Mora. 23 of those who were injured were identified during the following judicial proceedings: 12th Criminal Court of the Bogotá Circuit, Judgment of September 24, 2009, p. 64 (evidence file, tome 2, folio 364); Attorney General’s Office. Disciplinary Chamber. Case file 161-01640 (155-45564/2000). December 19, 2002 (evidence file, tome 4, folio 1571); Judgment of the Contentious Administrative Court of Arauca, Mario Galvis Gelvez et al., case file No. 81-001-23-2000-348, May 20, 2004 (evidence file, tome 20, folios 10180 to 10274). In the decision of the Special Military Criminal Investigation Unit of June 14, 2001 (evidence file, tome 2, folio 390 to 392; 420 to 422), based on the Public Denunciation and Declaration of the Town Meeting held in the municipality of Tame on December 17, 1998 (evidence file, tome 15, folio 7677 and ff.), four more victims were identified, for a total of 27 victims. See also, Diplomatic note DDH. GOI/71945 signed by the Director for Human Rights and International Humanitarian Law of the Ministry of Foreign Affairs of December 27, 2005 (evidence file, tome 5, folio 2210); Medical records (evidence file, tome 19, folios 9812 to 9931), and newspaper article, El Espectador, “Lo que dijo la Human Rights Watch”, December 23, 1998 (evidence file, tome 14, folio 7351). 94 Cf. Video procedure of February 11,l 2000 (evidence file, tome 19, folio 9620), and Ballistics and explosives inspection and examination, expanded report of April 28, 2000. Investigation No. 419 UNDH, Prosecutor General’s Office (evidence file, tome 19, folios 9689 to 9691), and Decision issued by the Colombian Military Forces, Air Force, and the Special Military Criminal Investigation Unit on June 14, 2001 (evidence file, tome 2, folios 421 and 422). See also: 12th ‐ 23 ‐    

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