64
96.106
On December 9, 1999 the Criminal Appellate Chamber of the Supreme
Court of Justice ruled on the appeal filed by Nory Giraldo de Jaramillo (supra para.
96.105), upholding the October 15, 1999 decision of the Criminal Chamber of the
High Court of the District of Bogotá (supra para. 96.104).108
96.107
On January 12, 2000 the General Secretariat of the Constitutional
Court received from the Secretariat of the Criminal Appellate Chamber the amparo
remedy filed by Nory Giraldo de Jaramillo, for its review (supra para. 96.104).109
96.108
On November 13, 2001 the Criminal Chamber of the Constitutional
Court issued a ruling in the review process of the decisions issued during the
processing of the amparo remedy filed by Nory Giraldo de Jaramillo. In this regard it
decided to grant, for disregard of the competent tribunal, protection of the basic
right to due process and, therefore, it revoked the rulings issued by the Criminal
Chamber of the High Court of the Judicial District of Bogotá on October 15, 1999 and
by the Criminal Appellate Chamber of the Supreme Court of Justice on December 9,
1999 (supra paras. 96.104 and 96.106). It also declared the nullity of the August
18, 1999 decision (supra para. 96.92).
Finally, it ordered the Disciplinary
Jurisdictional Chamber of the High Council of the Judiciary to decide on the clash of
jurisdiction within ten days of notification of said judgment.110
96.109
On February 21, 2002 the Disciplinary Jurisdictional Chamber of the
High Council of the Judiciary decided on the clash of jurisdiction, finding that the
proceeding should be heard by regular criminal venue, represented by the Human
Rights Unit of the Office of the Attorney General, where the records were to be sent
immediately.111
Continuation of the proceeding before regular criminal jurisdiction, once the
clash over jurisdiction had been solved
96.110
On June 28, 2002 the National Human Rights and International
Humanitarian Law Unit declared the nullity of the decisions of the criminal military
courts and the case was returned to regular criminal venue, without affecting the
evidence tendered and the actions taken by said Unit. It also granted release on bail
to Brigadier General Jaime Humberto Uscátegui Ramírez, “since the legal
requirements set forth in Article 365 paragraphs 4 and 15 of the Criminal Procedures
Code have been met.”112
108
See December 9, 1999 ruling, issued by the Criminal Appellate Court of the Supreme Court of
Justice (file with appendixes to the application, appendix 59, pages 929 to 941).
109
See application filed before the High Court of Bogotá on December 9, 1999 by Nory Giraldo de
Jaramillo (file with appendixes to the application, appendix 56, page 867).
110
See judgment SU-1184 of November 13, 2001, issued by the Full Court of the Constitutional
Court (file with appendixes to the application, appendix 60, pages 943 and 1005).
111
See February 21, 2002 ruling, issued by the High Council of the Judiciary (file with appendixes to
the application, appendix 55, pages 841 and 857).
112
See June 28, 2002 decision by the National Human Rights Unit (file with appendixes to the
application, appendix 44, pages 755 and 766).
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