on the basis that, during the trial, evidence had come to light that required the indictment to be changed to include wanton disregard for human life.157 111. Subsequently, the Prosecutor’s Office changed the legal classification and, on September 24, 2009, the 12th Criminal Court of the Bogotá Circuit delivered a new first instance judgment in which it found Captain C.R.P. and Lieutenant J.J.V. guilty of simultaneously committing, with a single act, 17 counts of homicide and 18 counts of bodily harm with wanton disregard for human life, and sentenced them to the principal punishment of 380 months’ imprisonment and a fine of 44,000 Colombian pesos, together with the ancillary penalty of prohibition from the exercise of public rights and functions for 10 years, and disqualification from occupying any position in the public administration for five years. The Court also found Technician H.M.H.A. guilty of the same crimes and sentenced him to the principal punishment of 72 months’ imprisonment and a fine of 181,000 Colombian pesos, with the ancillary penalty of prohibition from the exercise of public rights and function during the same period as the prison term and disqualification from occupying any position in the public administration for five years.158 112. On August 31, 2010, the 29th specialized Prosecutor of the Human Rights Unit ordered the opening of a formal investigation against S.A.G.V. and G.D.L.S., both officials on active service in the Colombian Air Force, deciding to hold a preliminary hearing on their criminal responsibility as co-authors of the simultaneous perpetration of 17 homicides and 18 counts of bodily harm with wanton disregard for human life.159 113. On June 15, 2011, the Superior Court of the Bogotá Judicial District, Criminal Chamber, decided the appeals filed against the first instance judgment convicting C.R.P., J.J.V. and H.M.H.A. It acquitted the latter, declared the prescription of the criminal action for the 18 counts of bodily harm of which the first two had been convicted, deciding that the proceedings should cease for these conducts and amended the sentence imposed on the other two Colombian Air Force officers, imposed on the accused 360 months’ imprisonment finding them guilty of the simultaneous crimes of which they had been accused.160 An appeal for cassation against this judgment was filed before the Supreme Court of Justice, and remains pending a decision.161 157 Cf. Superior Court of the Bogotá Judicial District, Criminal Chamber, Judgment of June 15, 2011, deciding the appeal filed against the First Instance Judgment, Reporting Judge: Luis Mariano Rodríguez Roa (evidence file, tome 16, folio 8416). 158 In addition, the judgment established, with regard to C.R.P. and J.J.V., that the competent authorities be notified to conduct the administrative procedure for absolute separation from the Military Forces under article 111 of Decree 1790 of 2000; declared that the two accused did not merit the alternative of conditional suspension of the punishment or substitution by house arrest, and that it would issue the arrest warrant against them when the judgment was final. With regard to H.M.H.A., it established that he did not merit the alternative of conditional suspension of the punishment, ordered his arrest once the judgment was final and granted him house arrest as a substitute. In addition, the judgment observed that “[…] as, during the proceedings, it was said that this official could be involved in the alteration of a video of the operation, because the videos provided to the Attorney General’s Office did not have the audio part, attested copies of the file must be made in order to investigate whether he has committed the offense of procedural fraud.” 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 17, folios 8893 and ff.). See also, article 111 of Decree 1790 of 2000 "Absolute separation. When an officer or non-commissioned officer of the Military Forces is sentenced to the main punishment of imprisonment by the military or the ordinary criminal justice system, except in the case of a sentence for a culpable offense, or when determined by a disciplinary ruling, he shall be separated absolutely from the Military Forces and may never again belong to them.” 159 Cf. Newspaper article: El Espectador, “Colonel acusado de bombardeo en Arauca se presentara ante la Fiscalía, Sección Judicial,” July 13, 2011. Visited at: http://www.elespectador.com/noticias/judicial/articulo-284214-Colonelacusado-de-bombardeo-arauca-se-presentara-fiscalia (Date visited: October 8, 2012). Electronic link cited by the representatives in the pleadings and motions brief (evidence file, tome 1, folio 180). 160 Cf. Superior Court of the Bogotá Judicial District, Criminal Chamber, Judgment of June 15, 2011, deciding the appeal filed against the First Instance Judgment, Reporting Judge: Luis Mariano Rodríguez Roa (evidence file, tome 16, folios 8414 and ff., and tome 20, folios 10717 and ff.). 161 Cf. Merits Report (merits file, tome 1, folio 203); Answering brief (merits file, tome 2, folio 663), and Final written arguments of the representatives, (merits file, tome 1, folio 1432). ‐ 32 ‐