75.
It is an undisputed fact that, as a result of the facts of December 13, 1998, the population of
Santo Domingo had to abandon their homes and move to the village of Betoyes in the municipality
of Tame, and to the towns of Tame and Saravena.108 The displacement began during the early
hours of the morning,109 but increased after 10 a.m., when groups of people left Santo Domingo.110
Starting at 10.21 a.m., as can be seen from the Sky Master video and as indicated by the
testimony of several inhabitants of Santo Domingo,111 the mobilization of the villagers was assisted
by a white truck in which several people – some of them wounded – were taken away from the
village.112
76.
In a statement of December 15, 1998, the secretary of government of the municipality of
Tame at the time called attention to the number of displaced people as a result of the events, and
indicated that "[a]t least 200 people had abandoned hamlets and villages near Santo Domingo and
had arrived in Tame seeking the government’s protection and safety for their children. Those
displaced had left the combat area in trucks fleeing from the armed conflict.”113 The same concern
was expressed by the Governor of the department of Arauca at the time, who indicated that, in the
days following the events of Santo Domingo, “almost 300 people were displaced,” in a critical
situation, especially the children.114
77.
The Court observes, also, that the different inspections carried out in Santo Domingo in
December 1998 reveal that the village was uninhabited following the events of December 13.115
78.
It is also an undisputed fact that several of the villagers began to return in January 1999,116
108
Cf. Decision of the Special Military Criminal Investigation Unit of June 14, 2001 (evidence file, tome 2, folios 422 to
423); Public denunciation and declaration of the town hall meeting in the municipality of Tame, December 17, 1998
(evidence file, tome 15, folio 7681). See also, newspaper article: El Tiempo, “Éxodo a Tame por combates”, December 15,
1998 (evidence file, tome 14, folio 7341), and newspaper article: El Espectador, “Santo Domingo será Reconstruido”,
Judicial news, p. 9-A, December 26, 1998 (evidence file, tome 14, folio 7360; tome 16, folio 8227).
109
Cf. Skymaster video of December 13, 1998 (07:21 a.m.; 07:38 a.m.; 07:42 a.m.; 08:39 a.m.; 09:16 a.m. to
09:36 a.m., and 09:49 a.m.), recording the operation carried out by the Air Force (evidence file, tome 19, folio 9621).
110
Cf. Skymaster video of December 13, 1998 (10:08 a.m.; 10:09 a.m.; 10:11 a.m.; 10:19 a.m., and 10:42 a.m.)
recording the operation carried out by the Air Force (evidence file, tome 19, folio 9621). 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 346).
111
Cf. Testimony of María Panqueva provided on December 21, 1998, before the 24th Military Criminal Court of First
Instance (evidence file, tome 2, folios 643 to 645); Testimony of Nilsa Días Herrera provided on December 16, 1998, before
the Tame municipal notary (evidence file, tome 2, folios 647 and 648); Testimony of Luis Sel Murillo Villamizar provided on
December 22, 1998, before the 24th Military Criminal Court of First Instance (evidence file, tome 2, folios 650 to 652);
Testimony of Amalio Neite provided on December 16, 1998, before the Tame municipal notary (evidence file, tome 2, folios
654 and 655); Testimony of Adán Piñeros provided on December 16, 1998, before the Tame municipal notary (evidence
file, tome 2, folios 656 and 657); Disciplinary Chamber of the Attorney General’s Office, case file 161-01640 (15545564/2000), December 19, 2002 (evidence file, tome 2, folios 609 and ff.); and Decision of the Special Military Criminal
Investigation Unit of June 14, 2001 (evidence file, tome 2, folios 390 to 392; 420 to 422).
112
Cf. Skymaster video of December 13, 1998 (10:21 a.m. to 10:43 a.m.) recording the operation carried out by the
Air Force (evidence file, tome 19, folio 9621).
113
Newspaper article: El Espectador, “La Fuerza Aerea Colombiana dice que no hubo bombardeos”, December 15,
1998 (evidence file, tome 14, folio 7354; tome 16, folio 8226).
114
Newspaper article: El Espectador, “Paro cívico in Arauca por muertes en Santo Domingo”, December 15, 1998
(evidence file, tome XIV, folio 7354; tome 16, folio 8226).
115
Cf. Inspection procedure carried out by the 124th Court of the Military Criminal Investigation Unit in Santo
Domingo, on December 17, 1998, taken from: Decision of the Criminal Investigation Unit, of June 14, 2001, p. 164
(evidence file, tome 2, folio 547). See also: Video of the measure taken of December 17, 1998 (minute 19:08), which
records the first inspection carried out in the village of Santo Domingo. (evidence file, tome 20, folio 10175); Tame Mayor’s
Office, department of Arauca, December 29, 1998, answer to questionnaire of December 22, 1998, sent by the 12th Military
First Instance Court to the Mayor of Tame (evidence file, tome 16, folio 8273 and 8274), and Record of December 28, 1998,
Inspection procedure (evidence file, tome 19, folio 9570).
116
Some of the villagers did not return to Santo Domingo and today they live in other parts of Colombia and even
abroad. In this regard, see affidavit provided Mario Galvis (evidence file, tome 50, folio 27940); Affidavit provided by Hugo
Fernely Pastrana Vargas (evidence file, tome 50, folio 27994), and Affidavit provided by Mónica Alicia Bello Tilano (evidence
file, tome 50, folio 28025).
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