58 96.87 On May 20, 1999 the National Human Rights Unit decided: […] To order the preventive detention of Brigadier General of the National Army in active service Jaime Humberto Uscátegui Ramírez for the crimes of homicide and aggravated kidnappings and falsifying a public document as reflected in the proceeding. […] To abstain from issuing an arrest warrant against Brigadier General of the National Army in active service Jaime Humberto Uscátegui Ramírez for the crimes of terrorism and conspiracy to commit a crime for which he was investigated. […] to ask the General Command of the National Army to suspend Brigadier General Jaime Humberto Uscátegui Ramírez. Once he has been suspended, a detention order will be sent to the Commander of the military garrison assigned as his detention center.89 96.88 On May 31, 1999 the Public Prosecutor’s Office asked the Regional Deputy Public Prosecutor’s Office to remit the proceeding with regard to General Jaime Humberto Uscátegui Ramírez to military criminal venue. In this regard, it deemed that: […] Both perpetration by omission with regard to the crimes of homicide and aggravated kidnappings, and liability for the crime of falsifying a document, which the Public Prosecutor’s Office attributes to Jaime Humberto Uscátegui Ramírez, have to do with the Officer’s service as a member of the security forces; therefore, in light of Article 221 of the Political Constitution, his prosecution must take place under Military Criminal Justice, for which reason the Public Prosecutor’s Office asks the Regional Public Prosecutor of the National Human Rights Unit in charge of the instant investigation, to generate negative clash over jurisdiction before the Commander of the fourth Brigade of the National Army, arts. 97 and ff. of the P.C. to hear the alleged punishable acts possibly committed by a member of the Security Forces while in active service, in connection with that same Service.90 96.89 The Regional Public Prosecutor’s Office for Human Rights denied the requests filed by the Public Prosecutor’s Office with regard to remitting the proceedings to military criminal justice. Therefore, on May 12, 1999 the Public Prosecutor’s Office asked the Commander of the Fourth Division of the National Army to request from regular criminal justice the criminal investigation against Hernán Orozco Castro and Juan Humberto Uscátegui Ramírez, at the same time generating a positive clash of jurisdiction.91 Jurisdictional clash between military criminal venue and regular criminal venue and other actions in the latter 96.90 On June 2, 1999 the Army Command, acting as a military trial court, invoked before the National Human Rights Unit of the Office of the Attorney General a positive clash of jurisdiction for the case to be remitted to military venue, deeming that the facts regarding which there were accusations against non-commissioned 89 See May 20, 1999 decision by the Prosecutor’s Office of the National Human Rights Unit (file with appendixes to the application, appendix 35, pages 497 and 517). 90 See ruling of August 18, 1999 issued by the High Council of the Judiciary (file with appendixes to the application, appendix 54, pages 811 and 818). 91 See ruling of August 18, 1999 issued by the High Council of the Judiciary (file with appendixes to the application, appendix 54, page 819).