104. On August 12, 2003, the Prosecutor’s Office conducted a test at the Apiay (Meta) Air Base consisting in the launch of a cluster bomb on a road that had the same parameters as the highway that goes through Santo Domingo.149 105. On December 19, 2003, the Human Rights Unit of the Prosecutor’s Office assessed the merits of the investigation opened against C.R.P, J.J.V., and H.H.A., indicting them as presumed perpetrators of culpable homicide and bodily harm. In addition, the investigator admitted the petition of the civil parties to continue the investigation against other persons presumably responsible and to forward authenticated copies of the investigation in order to investigate the possible perjury committed by the citizen R.V.G.150 106. On August 26, 2004, a prosecutor assigned to the Superior Court of Bogotá confirmed the decision charging C.R.P., J.J.V. and H.H.A. with presumed responsibility for culpable homicide and negligent bodily harm as presumed perpetrators.151 Subsequently, jurisdiction in the case corresponded to the Single Court of the Saravena Circuit, which took it up on October 19, 2004, and set a preparatory hearing for December 16, 2004. The defense counsel for two of the accused requested that the venue for the proceeding be changed to Bogotá and, on February 17, 2005, the Criminal Cassation Chamber of the Supreme Court ordered the venue changed to the criminal courts of the Bogotá Circuit.152 107. On October 19, 2004, the trial stage began in the Single Court of the Saravena Circuit (Arauca) and a date was set for the preparatory hearing on December 16, 2004. The defense counsel for the accused requested that the venue for the proceeding be changed, considering that, in the said location, there were insufficient guarantees for a fair trial.153 108. On February 17, 2005, that petition was admitted by the Criminal Chamber of the Supreme Court of Justice, which ordered that the trial be held in a criminal court of the Bogotá Circuit.154 Following the allocation process, the trial corresponded to the 12th Court.155 109. On September 21, 2007, the 12th Criminal Court of the Bogotá Circuit delivered a first instance judgment in which it sentenced the Air Force servicemen C.R.P., J.J.V and H.M.H.A. to the main punishment of 72 months’ imprisonment and a fine of 270,00 Colombian pesos, together with the ancillary penalty of prohibition from the exercise of public rights and functions during the same period of time as the prison sentence, as guilty of simultaneously committing, with a single act, 17 counts of manslaughter, and 18 counts of negligent bodily harm.156 110. The judgment was appealed by several of those convicted and, on January 30, 2009, the Superior Court of Bogotá annulled the decisions adopted after the closure of the evidentiary stage 149 Cf. Judicial inspection procedure conducted at the Colombian Air Force Base in Apiay, by the National Human Rights and International Humanitarian Law Unit, of the Prosecutor General’s Office (evidence file, tome 17, folios 8849 to 8853). 150 Cf. National Human Rights and International Humanitarian Law Unit, Indictment of December 19, 2003, case file 419 (evidence file, tome 3, folios 836 to 923). 151 Cf. Prosecutor delegated to the Superior Court of Bogotá, decision of August 26, 2004 (evidence file, tome 3, folios 925 to 955). 152 Cf. Supreme Court of Justice, Criminal Cassation Chamber, Reporting Judge Sigifredo Espinosa Pérez, February 17, 2005 (evidence file, tome 3, folios 957 to 965). 153 Cf. Supreme Court of Justice, Criminal Cassation Chamber, Reporting Judge Sigifredo Espinosa Pérez, February 17, 2005 (evidence file, tome 3, folios 957 to 965). 154 Cf. Supreme Court of Justice, Criminal Cassation Chamber, Reporting Judge Sigifredo Espinosa Pérez, February 17, 2005 (evidence file, tome 3, folios 957 to 965). 155 Cf. Supreme Court of Justice, Criminal Cassation Chamber, Reporting Judge Sigifredo Espinosa Pérez, September 5, 2006 (evidence file, tome 17, folio 8882). 156 Cf. 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 17, folios 8893 and ff.). ‐ 31 ‐