247. In light of the above considerations, the Commission concludes that the delay in the investigation of the case and the lack of an independent, and impartial investigation to date, about the circumstances in which young man Elio Gelves was taken from his home and killed are not reasonable and its a result of the omissions committed by the authorities in violation of Article 8(1) of the Convention. 3. The rights to a fair trial and judicial protection of the next of kin of Mr. Carlos Arturo Uva a. Facts about the proceedings i) The investigation and the proceedings in the military jurisdiction 248. When Lieutenant Portilla learned that soldier Burgos had taken the life of Mr. Carlos Uva, he called the Commander of the counter-guerrilla Erick Rodríguez Aparicio, to whom he was introduced to by Rodríguez Burgos.342 Both lieutenants informed about the death or Mr. Uva Velandia to the 120 Military Criminal Investigation Court, who opened the criminal investigation on June 23, 1992.343 249. At 4 am on June 21, 1992, the corpse was collected. As stated in the report from said proceeding, the body had a naked chest, blue jeans and no shoes. It was “in supine position, arms separated from the body in less than 80 degrees, inferior limbs bent in angle and together, head to the south.” It was noted that he had wounds, all of them as a result of a sharp weapon: 5 of 1 centimeter on the right ribs; 1 on the right shoulder; 1 in the thorax; 1 in the sternum and marks of ties in his two wrists.344 The same day an autopsy was performed by the Health Service of Casanare.345 250. On August 11, 1992, after practicing a series of proceedings, the Court ordered the preventive detention of Mr. Rodríguez Burgos.346 By decision of February 10, 1993, the Command of the Calvary Group No. 7 “Guías del Casanare,” acting as Criminal military court (of first instance) decided to send the process to the Peace prosecution unit of Paz de Ariporo, due to a lack of jurisdiction. The judge considered that when soldier Burgos “killed civilian Arturo Uva, he was not performing acts of the military service.”347 251. Prosecutors Office 18 took knowledge of the investigation and on March 2, 1993 decided the appeal lodged by Mr. Rodríguez Burgos for parole, which was granted prior bond.348 On August 4, 1993 the Prosecutors Office 18 appointed a defender to assist soldier Alexis Rodríguez.349 The defender took office September 1, 1993.350 On October 19, 1993, Prosecutors Office 18 criminally accused Juan Alexis Rodríguez Burgos for his responsibility as the author of murder against Carlos Arturo Uva Velandia and revoked its probation.351 342 Annex. 104. Statement from Lieutenant Portilla Castro Alfonso at 25th Military Criminal Investigation Court, February 18, 1993, Annex 1. 1992. 343 Annex. 105. Military Armed Forces of Colombia, 127 Military Criminal Investigation Court, Intedrlocutory Order if June 23, 344 Annex. 47. Collection of the corpse proceedings, June 21, 1992. Annex 1. 345 Annex. 71. Casanare Health Service, Autopsy, June 21, 1992. Annex 1. 346 Annex. 106. 120º Military Criminal Investigation Court, Decision of August 11, 1992, that orders preventive detention. Annex. 107. Command of the Cavalry Group No. 7 “Guías del Casanare”, First Instance Judgment, Decision of February 10, 1993. Annex 1 347 348 Annex. 108. Prosecutors Office 18, Decisision of March 2, 1993. Annex 1. 349 Annex. 109. Prosecutors Office 18, Designation of defense attorney, Mr. Juan Alexis Rodríguez, November 4, 1993. Annex 1. 350 Annex. 110. Defense attorney takes office, September 1, 1993, Annex 1. 351 Annex. 111. Prosecutors Office 18, investigation proceeding review, October 19, 1993. Annex 1.