1995 and he opened the investigation on November 28, 1997.384 The 2nd Prosecutor’s Office noted that the corpse of the deceased was only 12 meters away from the bicycle he rode, which was an indication that “if he ran as alleged, he failed to move much and wasn’t chased much, as there was neither the time nor the distance to ask him to stop or to shoot to the air.” 273. The Attorney General’s office concluded that it was not proven that the defendants had caused the death of Wilfredo Quiñónez Bárcenas in circumstances what would be self-defense, he “revoked the suspension” and issued an accusation for the defendants to be brought before the Martial Court. In relation with the murders of Albeiro Ramírez Jorge and José Gregorio Romero Reyes, the Attorney General’s office stated that “the circumstances in which the bodies were found” and the reiterative denial of any involvement from the members of the military forces, “constitutes an absolute obstacle that prevents a ruling from the military criminal jurisdiction.”385 274. From August 20, 2004 until January 18, 2005 there was a jurisdiction clash between the Second Court of Division Brigades 386 and the Sixth Court of Brigades387 that was decided in favor of the first by the Military High Court on January 18, 2005.388 275. On May 3, 2005, the Second Specialized Criminal Court of Bucaramanga declined to raise a positive jurisdiction clash requested by the representatives of the next of kin. 389. A tutela action was filed against said order, and it was decided on October 12, 2005 by the Constitutional Section of the High Court of the Judicial District. The High Court denied the tutela action and stated that the assessment of torture no anyway corresponds to a determination via tutela and therefore the tutela did not proceed against a judicial decision.390 276. On December 1, 2005, the Second Brigade Court passed a judgment and sentenced the defendants, Major Prieto Rivera Jairo Alberto and Volunteer soldier, Pineda Matallana Luis Enrique, to 20 months in prison for the murder of Wilfredo Quiñónez. It also determined that the convicted had “the right to continue enjoying from their freedom” and further decided to “acquit the SLV. Ceballos Arboleda Orlando Evelio.”391 277. The aforementioned decision was appealed on December 2005 by the civil plaintiffs.392 On June 1, 2006, Military Criminal Judicial Investigator II sent a letter to the Rapporteur Colonel Judge, explaining that according to the Judicial Investigator, the shots to the back of the deceased were a result of Mr. Wilfredo Quiñónez’s attempt to flee and that is when “when the projectiles hit his back.” 393 384Annex. 121. 2º Office of the Attorney General acting before the Military High Court, Order of May 21, 2002. Annex 17 to the petitioners’ brief received on December 6, 2010. 385Annex. 125. 2º Office of the Attorney General acting before the Military High Court, Order of May 21, 2002. Annex 17 to the petitioners’ brief received on December 6, 2010. 386 Annex. 124. Military High Court, Judgment of January 18, 2005. Annex 18 of the petitioners’ brief received on December 6, 387 Annex. 124. Military High Court, Judgment of January 18, 2005. Annex 18 of the petitioners’ brief received on December 6, 388 Annex. 124. Military High Court, Judgment of January 18, 2005. Annex 18 of the petitioners’ brief received on December 6, 2010. 2010. 2010. 389 Annex. 122. Tutela action filed before the Criminal Section of the Santander High Court in September 2005. Annex 19 of the petitioners’ brief received in December 6, 2010. 390 Annex. 123. District Judicial High Court, Constitutional Section. Judgment of October 12, 2005. Annex 20 of the petitioners’ brief received in December 6, 2010. 391 Annex. 126. Edict of December 6, 2005. Annex 21 of the petitioners’ brief received in December 6, 2010. 392 Annex. 127. Appeal submitted by the civil plaintiffs. Annex 22 of the the petitioners’ brief received in December 6, 2010. Annex. 129. Prosecutors Office 19 Criminal Judicial II Penal, Communicatio of June 1, 2006. Annex 23 of the the petitioners’ brief received in December 6, 2010. 393