carrying out the “Júpiter”1 operations order in the rural district of Mata de Plátano, had shot Gustavo Giraldo Villamizar and caused his death. They allege that according to the autopsy report Gustavo Giraldo Villamizar had four gunshot wounds to the head, neck, back, and left hand, whose trajectory was posterior-anterior.2 7. The petitioners argue that the objective of the “Júpiter” operations order was “to carry out search and military control operations in the general area of the rural district of Mata de Plátano, jurisdiction of the municipality of Saravena, where a group of narco-bandits from the “Domingo Laín Saenz” squad of the ELN is reported to have a presence, in order to detain and, in case of armed resistance, act in the exercise of legitimate self-defense or defense of third persons.”3 They allege that on that same date, August 11, 1996, on the local radio station “La Voz de Cinaruco,” the National Army announced that a member of the Ejército de Liberación Nacional (ELN), Gustavo Giraldo Villamizar, alias “Cendales,” was killed in combat when he attempted to flee a military checkpoint on his motorcycle. They allege that contrary to the version put out by the National Army, Gustavo Giraldo Villamizar had worked as a merchant.4 8. The petitioners allege that a preliminary investigation was opened into these events on August 25, 1996, in Court of Military Criminal Investigation 124 of Saravena. They allege that on July 8, 1999, the Court of Military Criminal Investigation resolved the legal situation of four members of the National Army allegedly implicated in the events, and refrained from ordering their detention. They allege that the decision of the 124th Court was based on the consideration that the death of Gustavo Villamizar occurred in the context of an operations order and that the conduct of these members of the military was covered by grounds 1 (strict performance of a legal duty) and 4 (legitimate self-defense) for excluding consideration of conduct as unlawful, as set forth in Article 26 of the Military Criminal Code. 1 The petitioners indicate that the Lince 6 Counter-guerrilla Patrol was under the command of Sergeant Gustavo Urbano and was made up of First Corporal José Jiménez Mahecha and volunteer soldiers Reimon Piñeres, José Benavides Liñan, Ariel Méndez Quiripe, Luis Villamizar Anaya, Wilson Díaz Duran, Omar Duarte Herrera, and Leonardo Prieto Cáceres. Petitioners’ brief received at the IACHR March 12, 2001. 2 The petitioners make reference to Autopsy Report 040-96-ULS of the National Institute of Legal Medicine and Forensic Sciences, Arauca Section. Attached to the petitioners’ brief received at the IACHR on March 12, 2001. 3 Petitioners’ brief received at the IACHR on March 12, 2001. 4 The petitioners make reference to the statements by Ludy Lizarazo Vega, companion in consensual union, and other family members of Gustavo Giraldo Villamizar. Petitioners’ brief received at the IACHR on March 12, 2001. 3