Lieutenant J.J.V, and Technician H.H.A., for the presumed crimes of homicide, bodily harm and
damage to the property of others. 141
96.
On June 14, 2001, the UIPME issued a decision on the legal situation imposing preventive
detention with the benefit of release on bail on these individuals for the presumed perpetration of
culpable homicide and bodily harm.142
97.
On the same June 14, 2001, a specialized prosecutor of the National Human Rights Unit of
the Prosecutor General’s Office claimed competence to hear the case, because new evidence had
been provided that pointed to the perpetration of a crime against humanity.143
98.
On June 30, 2001, the 122nd Military Criminal Investigation Court, in its capacity as court of
first instance, rejected the request of the Prosecutor’s Office, refusing to forward the proceedings
on competence, leaving the positive dispute on competences in a state of limbo.144
99.
On October 18, 2001, the Disciplinary Jurisdictional Chamber of the Superior Council of the
Judicature declared that competence in the instant case corresponded to military criminal
justice.145 Alba Janeth García Guevara filed an application for amparo against the decision of the
Superior Council of the Judicature.
100. On November 27, 2001, the 30th Criminal Court of the Bogotá Circuit decided to grant the
amparo and annul the ruling of the Superior Council of the Judicature. On February 12, 2002, the
Superior Court of the Judicial District of Bogotá heard an appeal and decided to annul the first
instance ruling and deny the amparo.146
101. On October 31, 2002, the First Review Chamber of the Constitutional Court delivered
judgment T-932 (2002), in which it revoked the second instance ruling and, instead, confirmed the
judgment delivered on November 27, 2001 (supra para. 100). It also ordered the Disciplinary
Jurisdictional Chamber of the Superior Council of the Judicature to deliver a new judgment within
15 days.147
102. On February 6, 2003, the Disciplinary Jurisdictional Chamber of the Superior Council of the
Judicature, responding to the requirement of the Constitutional Court, decided the positive dispute
on competence in favor of ordinary justice.148
103. On February 17, 2003, in response to the constitutional decision the 121st Judge of the
Military Criminal Investigation forwarded the case file for the Santo Domingo massacre to the
Human Rights Unit of the Prosecutor General’s Office.
F.2
Ordinary criminal jurisdiction
141
Cf. Colombian Military Forces, Air Force, Special Military Criminal Investigation Unit decision of February 9, 2001
(evidence file, tome 17, folios 8697 to 8717; 8671 to 8692).
142
Cf. Decision of the Special Military Criminal Investigation Unit of June 14, 2001 (evidence file, tome 2, folios 386
and ff.).
143
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 6, folio 2956; case file digital, folio 303).
144
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).
145
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).
146
Cf. Constitutional Court of Colombia, First Review Chamber, Judgment T-932/02 of October 31, 2002, Reporting
Judge: Jaime Araujo Renteria (evidence file, tome 3, folios 813 and 834).
147
Cf. Constitutional Court of Colombia, First Review Chamber, Judgment T-932/02 of October 31, 2002, Reporting
Judge: Jaime Araujo Renteria (evidence file, tome 3, folio 813 to 834).
148
Cf. Superior Council of the Judicature, Disciplinary Jurisdictional Chamber, Judgment of February 6, 2003, case file.
No. 2001081701, Bogotá, Judge Leonor Perdomo Perdomo (evidence file, tome 17, folio 8824 to 8847).
‐ 30 ‐