“fragments recovered from the autopsies of some victims of the explosions of December 13, 1998,”132 and “information relating to the cluster bomb in the warehouse of the Apiay Air Base”133 were taken into account. 90. On May 30, 2000, the Human Rights Unit of the Prosecutor General’s Office decided to revoke the decision in which the military criminal jurisdiction abstained from opening an inquiry and, instead, ordered that an investigation be opened, indicated that the military criminal jurisdiction had competence to investigate the events of Santo Domingo as they concerned servicerelated acts.134 91. On August 23, 2000, Captain A.V. was again appointed to continue the proceedings. On August 28, 2000, the judge of the Military Criminal Investigation of the Apiay Air Base decided to take over the investigation “in order to analyze the supervening evidence sent by the prosecutor’s office, ordering the reception of testimony.”135 At the same time an order was given to attach the measures taken by the prosecutor’s office to those archived, thus constituting a single proceeding.136 92. On September 21, 2000, the Superior Court of Bogotá decided an application for amparo filed by the Colombian Air Force Captain C.R.P.,137 who alleged that his right to due process had been violated. The ruling declared the partial nullity of the judicial decision of May 30, 2000, and the decision not to open an investigation against the crew of the UH1H helicopter was reinstated.138 93. On November 21, 2000, by Ministerial Decision No. 38, the Commander-in-Chief of the Military Forces, F.T.S., set up a special Military Preliminary Criminal Investigation Unit (hereinafter “UIPME”) to investigate the facts, composed of a Colombian Air Force captain and two military preliminary criminal investigation judges. On February 9, 2001, the UIPME decided to revoke the writ of prohibition issued on May 20, 2000, by the military criminal courts and ordered formal proceedings to be instituted against the helicopter crew.139 94. On December 11, 2000, when the judge of Military Criminal Investigations of Apiay forwarded her the case file, the director of the UIPME took over the investigation and assigned it the number 001-J121.140 95. On February 9, 2001, the 121st Military Criminal Investigation Judge, director of the UIPME, decided to revoke the writ of inhibition issued on May 20, 1999, and ordered the opening of formal criminal proceedings against the crew of the UH1H helicopter, composed of Captain C.R.P., 132 Ballistics and explosives inspection and examination, expanded report of April 28, 2000. Investigation No. 419 UNDH, Prosecutor General’s Office (evidence file, tome 19, folio 9689). 133 Ballistics and explosives inspection and examination, expanded report of April 28, 2000. Investigation No. 419 UNDH, Prosecutor General’s Office (evidence file, tome 19, folios 9689 to 9691). 134 Cf. 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First Instance Judgment, Case file 2005-102, September 24, 2009 (evidence file, tome 2, folio 302). 135 Decision revoking the writ of inhibition and re-opening of investigation, 121st Judge and Director, Military Investigation Unit, February 9, 2001 (evidence file, tome 16, folios 8671 to 8692). 136 Cf. 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First Instance Judgment, Case file 2005-102, September 24, 2009 (evidence file, tome 2, folio 302). 137 Cf. 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First Instance Judgment, Case file 2005-102, September 24, 2009 (evidence file, tome 2, folio 303). 138 Cf. 12th Criminal Court of the Trial Circuit of Bogotá D.C. with functions under Law 600 of 2000, First Instance Judgment, Case file 2005-102, September 24, 2009 (evidence file, tome 2, folio 303). 139 Cf. Decision revoking the writ of inhibition and re-opening of investigation, 121st Judge and Director, Military Investigation Unit, February 9, 2001 (evidence file, tome 16, folios 8671 to 8692). 140 Cf. Colombian Military Forces, Air Force, Special Military Criminal Investigation Unit, decision of December 11, 2000, taking over the investigation under case file number 001-J121 (evidence file, tome 17, folios 8694 and 8695). ‐ 29 ‐    

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