On 24 February 1996, two of the Brothers to the Rescue Cessna 337 Skymasters (twin-engine civilian light aircraft) were shot down by a Cuban Air Force Mikoyan MiG-29UB, while a second jet fighter, a MiG-23, orbited nearby.

Cuba claimed that the group used "planes previously employed in the wars in Vietnam and El Salvador given to them by the U.S. Air Force from which the "USAF" signs have not been completely erased.

The United States authorities had issued public statements advising of the potential consequences of unauthorized entry into Cuban airspace and had initiated legal actions against Basulto, but had retained his certification to fly during appeal.

After Basulto was warned by an FAA official about the possibility of being shot down, he replied, "You must understand I have a mission in life to perform", disregarding the potential danger involved.

Following that incident, the ICAO report states, the Commander of the Anti-Aircraft Defence of the Air Force of Cuba was instructed to intercept any further flights and was authorized to shoot them down, whether or not they had entered Cuban airspace.

In a reference to the Cuban pilot's understanding that the aircraft they were attacking were the same ones that had been repeatedly and continuously flying directly over the island of Cuba beside all the buildings and over the streets, they also transmitted the following, "He won't give us any more fucking trouble."

"[5] Subsequently, the Inter-American Commission on Human Rights issued a report that concluded, "The fact that weapons of war and combat-trained pilots were used against unarmed civilians shows not only how disproportionate the use of force was, but also the intent to end the lives of those individuals.

It is claimed the extracts from the radio communications between the MiG-29 pilots and the military control tower indicate that they acted from a superior position and showed malice and scorn toward the human dignity of the victims.

[7] The statement by Buchner is directly contradictory to eyewitness testimony and verified radar data documentation provided by Department of the Treasury, Supervisory Detection Systems Specialist J. Houlihan during sworn testimony before an FAA Administrative Hearing in 1996, and the House of Representatives, Subcommittee on the Western Hemisphere, Committee on International Relations, Washington D.C. September 18, 1996.

[8] The ICAO report found that the aircraft shot down were both very near (and, in one case, directly above) a U.S fishing vessel named Tri-Liner which had a recorded position at the time of the incident 9 nautical miles (17 km; 10 mi) outside Cuban territorial airspace.

[10] It is also claimed the Cuban Air Force did not make any attempt to direct the aircraft beyond the boundaries of national airspace, guide them away from a prohibited, restricted or danger area or instruct them to effect a landing.

[12] Dissenting members believed that the resolution was singling out Cuba for condemnation, and instead should have issued a call which urged both states to refrain from shooting down civilian airplanes as well as to prevent the improper use of civil aviation.