the moment of the launch” that day in the village of Santo Domingo, who they did not identify.
Lastly, the representatives indicated that the errors, obstruction and distortion of the criminal
investigation also constituted violations of the State’s obligations under Article 4 of the Convention,
because “only two perpetrators of the murders have been tried […] even though there is
considerable evidence that establishes the intellectual participation of senior military commanders
in the planning of the operation, as well as in the subsequent cover-up designed to ensure
impunity in this case.”
176. For its part, the State argued that, in this case, none of the structures of State responsibility
are constituted, so that the claim of the Commission and of the representatives should not be
admitted, because it has been proved that there was no causal relationship between the actions
deployed by the State agents and the events that occurred in Santo Domingo. It added that “there
was no type of complicity or collaboration between the FARC and the Armed Forces.” Lastly, the
State affirmed that the civilian population had not been placed in any objective danger because the
AN-M1A2 device had been launched at a distance where it was not possible to cause damage to the
village and that “the destructive force of [this type of] device […] is less than 30 meters.”
A.2. Right to personal integrity
177. The Commission maintained that “in this case several survivors were injured who were also
next of kin of the victims who perished in the bombardment.” In this regard, the Commission
observed that the loss of a loved one in a context such as the one described results in a suffering
incompatible with Article 5(1) of the American Convention.249 In addition, it observed that,
following the explosion of the device, the survivors and injured were attacked from the helicopter,
Arpía.
178. The representatives added to the Commission’s arguments that, following the explosion, “the
State agents not only omitted to provide the injured with the required medical attention, as was
their duty, but rather, when some people tried to help those who were injured, they were again
attacked with machine guns.” They also indicated that the absence of an effective investigation
encouraged numerous opinion articles, newspaper publications and messages in different media
according to which the deaths and injuries were not attributable to the Colombian Air Force, but
rather to the FARC guerrilla, and they indicated that “these versions also [harmed] the moral
integrity of the victims of the massacre, whose testimony [was] questioned, suggesting that it was
false and a lie.”
179. For its part, the State argued that it was not responsible for violating or jeopardizing the
right to physical integrity of the inhabitants of Santo Doming, because it had “proved sufficiently
that the incident was the result of the detonation of a homemade explosive device” because “there
was no causal relationship between the harmful act and the action deployed by the State agents.”
It added that “the Air Force did not carry out attacks using either bombs or machine guns or
missiles on the people who, on December 13, 1998, left Santo Domingo for surrounding villages.”
The State also affirmed that it cannot be accepted that the release of its version of the facts, which
is contrary to the statements of the victims, be considered a violation of the moral integrity of the
inhabitants of Santo Domingo, because “it is based on considerable evidence and constitutes its
legitimate exercise of the right to contradiction and defense.” It added that it had “not [taken]
measures tending to revictimize, harass or stigmatize the presumed victims.”
A.3. Right to measures of protection for the children
180. The Commission considered that the State had violated the rights recognized in Article 19 of
the American Convention,250 in relation to Articles 1(1), 4 and 5 thereof, to the detriment of the six
children who died and the other nine who were injured in the bombardment.
249
Article 5(1) of the American Convention establishes: “Every person has the right to have his physical, mental, and
moral integrity respected.”
250
Article 19 of the American Convention stipulates: “Every minor child has the right to the measures of protection
required by his condition as a minor on the part of his family, society, and the State.”
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