63
proceeding for the crime of malfeasance of public office by omission against
Humberto Uscátegui Ramírez and LC Hernán Orozco Castro […]”103.
BG.
96.102
On June 5, 2001 the High Military Court of the Military Forces of
Colombia accepted the request for release on bail filed by General Jaime Humberto
Uscátegui Ramírez and decided to release him. In this regard it deemed that the
lower court’s conviction of Brigadier Humberto Uscátegui Ramírez had not caused its
material execution; that three fifths of the 40 month sentence is 24 months, which is
the time he has been physically detained, in addition to which there is evidence of
his good behavior while in prison and various types of background which enable the
assumption of social reinsertion. Therefore, it decided:
To recognize and take into account for purposes of the time of imprisonment of the
accused BG (r) Humberto Uscátegui Ramírez, EIGHT (8) months, one (1) day for the
time worked during his incarceration.
[…] to grant [BG (r) Humberto Uscátegui Ramírez] release on bail, after depositing bail
equivalent to one monthly legal minimum wage […] and warn him that it only applies
insofar as he is not accused of a different matter by judicial authorities.104
Amparo remedy to solve the clash over jurisdiction between military criminal
venue and regular criminal venue
96.103
On September 30, 1999, Nory Giraldo de Jaramillo, spouse of victim
Sinaí Blanco Santamaría and a civil party to the proceeding, at that time represented
by Luis Guillermo Pérez, filed an action for the protection of basic rights against the
August 18, 1999 ruling of the Disciplinary Chamber of the High Council of the
Judiciary (supra para. 96.92).105
96.104
On October 15, 1999 the Criminal Chamber of the High Court of the
District of Bogotá rejected the amparo remedy filed by Nory Giraldo de Jaramillo,
deeming that “[her] basic rights ha[d] not been breached.” It also decided that. “if
[said] ruling is not challenged, the records will be remitted to the […] Constitutional
Court for possible review” (infra para. 96.107).106
96.105
On October 22, 1999, Nory Giraldo de Jaramillo appealed the October
15, 1999 ruling issued by the Criminal Chamber of the High Court of the District of
Bogotá before the Criminal Chamber of the Supreme Court of Justice (supra para.
96.104).107
103
See May 22, 2001 ruling by the High Military Court (file with appendixes to the application,
appendix 50, pages 784 and 786).
104
See June 5, 2001 ruling by the High Military Court (file with appendixes to the application,
appendix 51, pages 789 and 790).
105
See application filed before the High Court of Bogotá on December 9, 1999 by Nory Giraldo de
Jaramillo (file with appendixes to the application, appendix 56, page 868), and October 15, 1999 ruling by
the Criminal Chamber of the High Court of the Judicial District of Bogotá (file with appendixes to the
application, appendix 57, page 912).
106
See the October 15, 1999 ruling by the Criminal Chamber of the High Court of the Judicial District
of Bogotá (file with appendixes to the application, appendix 57, pages 912 to 918).
107
See remedy to assert the appeal filed before the Criminal Chamber of the High Court of Bogotá
on October 27, 1999 by Nory Giraldo de Jaramillo (file with appendixes to the application, appendix 58,
pages 921 to 928).
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