20. The State argues that the inter-American system recognizes that military criminal courts have a restricted and exceptional jurisdiction and that the Inter-American Court itself has argued: In a democratic Government of Laws the penal military jurisdiction shall have a restrictive and exceptional scope and shall lead to the protection of special juridical interests, related to the functions assigned by law to the military forces. Consequently, civilians must be excluded from the military jurisdiction scope and only the military shall be judged by commission of crime or offenses that by its own nature attempt against legally protected interests of military order.12 21. The State alleges that on analyzing the record and the decisions handed down by the military criminal courts in the proceeding into the death of Gustavo Villamizar, one finds that the persons tried were active-duty members of the military and that the conduct for which they were investigated and tried correspond to those that may be heard by the military justice system. The State alleges that the National Army forces, in carrying out the military operation known as “Júpiter,” whose objective was to capture members of the ELN guerrilla force who were engaged in criminal activity in the region, had set up a checkpoint on the road on which Gustavo Villamizar was travelling, and that when he became aware of the military presence he attempted to evade the checkpoint, ignored the call of “stop, National Army,” and shot at the members of the Army, who “reacted by shooting the individual.” 13 23826/1221 of the Bureau of Human Rights and International Humanitarian Law, Ministry of Foreign Relations of the Republic of Colombia, June 1, 2009. 12 The State makes reference to the I/A Court H.R., Durand and Ugarte v. Peru Case. Judgment of August 16, 2000. Series C No. 68, para. 117; I/A Court H.R., Cantoral Benavides v. Peru Case. Judgment of August 18, 2000. Series C No. 69, para. 113, and I/A Court H.R., Las Palmeras v. Colombia Case. Judgment of December 6, 2001. Series C No. 90, para. 51. Note DDH.GOI No. 23826/1221 of the Bureau of Human Rights and International Humanitarian Law, Ministry of Foreign Relations of the Republic of Colombia, June 1, 2009. 13 Note DDH.GOI No. 23826/1221 of the Bureau of Human Rights and International Humanitarian Law, Ministry of Foreign Relations of the Republic of Colombia, June 1, 2009. 8