62 Military criminal jurisdiction 96.98 On February 12, 2001 Brigadier General (r) Jaime Humberto Uscátegui Ramírez was convicted by the High Military Court to 40 months in prison, a fine equivalent to 60 minimum monthly wages, loss of rights pertaining to exercise of public office due to the crime of malfeasance of public office by omission, suspension of patria potestas for the same time as the main sentence applied to him, and absolute separation from the military forces. Said Court also decided: […] to acquit him of the crime of falsifying a document during the exercise of his functions [;] ordered the proceeding against him to cease [in his favor] for the crimes of homicide and aggravated kidnappings, terrorism and conspiracy to commit a crime […] due to lack of merit to order a court martial […]. To revoke paragraph one of the May 20, 1999 decision […] in which the Human Rights Unit of the Office of the Attorney General ordered his arrest […] for the crimes of homicide and aggravated kidnappings and for falsifying a document while exercising his functions.100 96.99 On February 12, 2001 Lieutenant Colonel Hernán Orozco Castro was convicted by the High Military Court to 38 months in prison, to a fine equivalent to 55 current legal minimum monthly wages, and collaterally to loss of rights pertaining to exercise of public office, suspension of patria potestas for the same time as the main sentence applied to him and absolute separation from the military forces due to the crime of malfeasance of public office by omission. He was also acquitted of the crime of falsifying a document while exercising his functions and all proceedings against him ceased regarding the crimes of multiple homicide, aggravated kidnapping, terrorism, conspiracy to commit a crime and violation of Decree 1194 of 1989101. 96.100 Subsequently, Lieutenant Colonel Hernán Orozco Castro filed a request for release on bail. On March 16, 2001 the High Military Court found that the case of Lieutenant Colonel Hernán Orozco Castro “d[id] not meet the requirements to conditionally suspend execution of the judgment [as he requested], given the punitive quantum foreseen in the provision breached, which was not alleged during the procedural stage and there is even less reason to do so now if the accused is subject to a first grade conviction which sentences him to 38 months in prison.” Therefore, said Court decided “NOT TO GRANT the request for release on bail filed by LC Hernán Orozco Castro […].”102 96.101 On May 22, 2001 the High Military Court accepted “the impediment stated by General Fernando Tapias Stahelin, General Commander of the Military Forces, with regard to his status as President of the High Military Court to hear the 100 See February 12, 2001 report issued by the Special Trial Court of the War Tribunal of the Armed Forces of Colombia Bogotá (file with appendixes to the application, appendix 48, pages 778 and 779), and Judgment of February 12, 2001, issued by the Special Trial Court of the War Tribunal of the Armed Forces of Colombia Bogotá (file with evidence to facilitate adjudication submitted by the representatives). 101 See February 12, 2001 report, issued by the Special Trial Court of the War Tribunal of the Armed Forces of Colombia Bogotá (file with appendixes to the application, appendix 48, pages 778 and 779), and Judgment of February 12, 2001, issued by the Special Trial Court of the War Tribunal of the Armed Forces of Colombia Bogotá (file with evidence to facilitate adjudication submitted by the representatives). 102 See March 16, 2001 ruling by the High Military Court (file with appendixes to the application, appendix 49, pages 781, 783 and 784).