74
SECOND: To disciplinarily punish with a SEVERE REPRIMAND Major (today Lieutenant
Colonel) Hernán Orozco Castro, as acting Commander of Infantry Battalion No. 19
“Joaquín París” of the National Army, at the time of the facts under investigation, for
having incurred in disciplinary misconduct […] set forth in Decree 85 of 1989, Article 65,
Section C, paragraph a); Section F, paragraphs a) and i), in accordance with the
considerations set forth in this decision.
THIRD: To disciplinarily punish with DISMISSAL Eduardo Brand Castillo, as Secretary of
Government of the Department of Guaviare, at the time of the facts under investigation
for having incurred in disciplinary misconduct […] As additional punishment he will be
no allowed […] to exercise public functions for two (2) years […] as set forth in Law 200
of 1995, Article 25, number 3, in accordance with the considerations set forth in this
decision.
FOURTH: […] TO ACQUIT Brigadier General Jaime Humberto Uscátegui Ramírez and
Major Hernán Orozco Castro regarding the non-pursuit of the armed group that moved
to the inspection of La Cooperativa, after the facts that took place in Mapiripán.
FIFTH: […] TO ACQUIT Jaime Calderón Moreno, as Municipal Mayor of Mapiripán at the
time of the facts under investigation; Fernando Martínez Herrera, as Municipal Records
Officer of the Civil Registry in Mapiripán; Luis Hernando Prieto Cárdenas, as Municipal
Police Inspector in Mapiripán; César Augusto León Bermúdez, Municipal Representative
and Juan Carlos López Pabón, Captain of the National Police. […]
SEVENTH: […] to disciplinarily investigate the facts pertaining to the complaint filed by
Pilot Edmundo Schmitz Sicard […] in accordance with what was stated in the point
regarding the conduct of officer Juan Carlos López Pabón.
EIGHT: To make attested copies for the Attorney General’s Office and the Deputy Public
Prosecutor’s Office for the Military Forces to investigate the possible crime of perjury by
Colonel Carlos Eduardo Ávila Beltrán.138
96.135
On May 7, 2001 Brigadier General (r) Jaime Humberto Uscátegui
Ramírez filed an appeal for reconsideration against the judgment of April 24,
2001.139
orders” and these must be logical, timely, clear, precise, and concise, and in the case under
examination, while he did issue orders, they were not timely to address the grave situation faced
by the population of Mapiripán, and they were not logical because he knew that the Joaquín París
Battalion did not have the means to address that situation.
Article 65, Section F, “Against the Service,” paragraph a), for not having dutifully fulfilled the
obligations and duties of the service, in a timely manner, because the military career demands a
clear concept of fulfillment of duty, “devotion to the fatherland,” a sense of responsibility, in
accordance with Article 18 ibidem. […] i) for not having reported on the facts that he should have
reported to his superior officers by rank or service.
Article 184, “Against Military Honor,” paragraph g), for not entering into combat, when he could
and should have done so, and not providing the necessary assistance, when he was able to.
Law No. 200 of 1995, “Which adopts the unified disciplinary code.”
Article 25, paragraph 3 (also known as Article 25.3 of the Unified Disciplinary Code). Very gross
misconduct includes: 3. Acting with manifest negligence in the investigation and punishment of
disciplinary misconduct of the employees under him or in filing complaints regarding the
punishable facts that he learns about while exercising his functions.”
138
See disciplinary ruling of April 24, 2001 issued by the Deputy Public Prosecutor of the Nation (file
with appendixes to the application, appendix 61, pages 1006 and ff.)
139
See October 16, 2001 ruling, issued by the Attorney General’s Office (file with appendixes to the
reply to the application, appendix 1, pages 4420 and ff), and appeal for reconsideration filed on May 7,
2001 by Brigadier General (r) Jaime Humberto Uscátegui Ramírez (evidence to facilitate adjudication of
the case submitted by the representatives).
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