252. The process was referred to the Paz de Ariporo Court which passed its ruling on May 10, 1994. In it, it condemned the defendant of the main sentence of 16 years in prison as the perpetrator of the crime of murder, as well as to the accessory penalties of interdiction of rights and public duties for ten years, together with the payment of 500 grams of gold to the parents of Mr. Uva Velandía.352 253. This decision was appealed by the Prosecutors office as well as by Mr. Rodríguez Burgos. The appeal was decided by the Criminal Section of the Santa Rosa High Court on December 19, 1994, confirming the guilty sentence.353 The Court indicated that the murder was committed outside of the service and the latest version sustained in appealed by soldier Rodríguez Burgos “has no evidence whatsoever to support it” and that “it seems like he invented a series of events that he presents as real to the administration of justice.”354 ii) Proceedings in the Administrative-Law jurisdiction 254. On October 12, 1995, the Casanare Administrative-Law Court355 passed a judgment deciding the direct damages suit filed by the next of kin of Mr. Carlos Uva denying direct damages by denying that the State was liable in the case.356 The Court stated that although a “reprehesive event had happened” “there is no causal relationship with the military service.”357 On March 30, 2000, the Council of State, AdministrativeLaw Court, Section 3rd, upheld the decision on appeal.358 The later states that the Court of first instance that sentenced the soldier Juan Alexis Rodríguez Burgos, was alleging in favor of the appeal when decided the appeal and even though it sent a copy of the criminal proceedings, the witness statements “were not ratified during the proceedings” and the statements received during the administrative-law process do not prove anything about the author of the murder, which prevents it to establish a direct relationship between damages caused and the provision of public service.”359 b. Considerations of the Commission 255. The Commission notes that the process had a total duration of two years and six months. The investigation began when the lieutenants in charge of the counter-guerrillas in which the events took place, gave notice to the 120 Military Criminal Investigation Court. Subsequently, un less than a year the case was sent to the ordinary jurisdiction which concluded the proceedings on December 19, 1994 with the sentence of soldier Burgos to 16 years in prison, among other accessory penalties. In relation to the actions of the domestic authorities, the Commission considers relevant to point out four aspects. 256. First, the investigation was sent to the ordinary jurisdiction when considering that the death of Mr. Carlos Uva was not an act of military service. The Commission underscores the fact that the understanding on the applicable jurisdiction was not grounded on the argument that it dealt with an alleged human rights violation involving a right of military nature, but on the grounds that soldier Burgos was not on active duty or undertook the Army’s responsibility. This interpretation is not compatible to the American Convention accordint to the relevant standards (see supra paras. 214 and following.) 257. Second, the Commission observes that a version from soldier Rodríguez Burgos was brought up during the investigation according to which he had received instructions from lieutenants Portilla and 352 Annex. 55. Circuit Court, Judgment of May 10, 1994. Annex to the initial petition. 353 Annex. 63. District High Court, Judgment of December 19, 1994. See procedural antecedents. Annex to the initial petition. 354 Annex. 63. District High Court, Judgment of December 19, 1994. See procedural antecedents. Annex to the initial petition. 355 Annex. 112. Boyacá Administrative-Law Court, file No. 12. 986, Order of July 12, 1995. Annex 1. 356 Annex. 72. Casanare Administrative-Law Court, Judgement of October 12, 1995. Annex 1. 357 Annex. 72. Casanare Administrative-Law Court, Judgement of October 12, 1995. Annex 1. 358 Annex. 113. Council of State, Administrative-Law Court, Section 3rd, Judgment of March 30, 2000. Annex 1. 359 Annex. 113. Council of State, Administrative-Law Court, Section 3rd, Judgment of March 30, 2000. Annex 1.

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