Carlos Gamarra Polo and Carlos Castaño Gil. The State has also mentioned that there has been a stay of proceedings to enable the Human Rights Unit to continue the investigation in order to identify and detain the rest of the alleged culprits.14 22. As for the investigation of retired Brigadier General Jaime Humberto Uscátegui Ramírez and Lieutenant Colonel Hernando Orozco Castro for what the State terms “alleged failure to carry out military duties,” the latter reported that that case was assigned to the Commander of the Air Force as Special Judge of First Instance, since the Commander of the National Army, who was originally presiding, declared that he was prevented from continuing to hear the case by reason of a testimony presented at the Attorney-General’s Office. On July 26, 2000 the Commander of the Air Force issued a warrant for the arrest of Lieutenant Colonel Hernán Orozco Castro and revoked the parole pending criminal sentencing granted to retired Brigadier General Uscátegui Ramírez, who is currently allegedly detained at the headquarters of the Thirteenth Brigade. 23. As regards the assertions of the petitioners regarding the suitability of the military criminal courts as an adequate and effective recourse in the instant case, in its communication of June 14, 2000, the State said that, When the 1991 Constitution entered into force new and strict controls were placed on the military courts designed to prevent proceedings from ending in decisions that run contrary to the Constitution and the law, or that might be described as biased. Indeed, the Justice Department is involved as a matter obligation throughout the process, and has the power to request the taking of evidence, to adduce such evidence as it deems pertinent, to challenge decisions, and to present written arguments [..] Furthermore, the inclusion of a civilian party in a criminal proceeding under this jurisdiction is now recognized as being wholly valid.15 In its communication of November 28, 2000, the State added that, This jurisdiction is a respectful and obedient institution of the Colombian State, which, furthermore, as the Honorable Commission is aware, has undergone significant reforms designed to strengthen it and which are already being applied in proceedings.16 The State also said that the military courts are only hearing the proceedings brought against two of the members of the Army implicated in the events in question, based on a decision of the Superior Council of the Judicature. In this connection it said that, By no means is there a policy to benefit members of the country’s Armed Forces, but, rather, for legal reasons adopted by competent bodies in accordance with Colombian law, it was decided to pursue investigations of some implicated parties in the framework of a jurisdiction different to that which befitted other alleged culprits. The State added that there still remain remedies to be pursued under domestic law for “allaying the petitioners’ concerns regarding the legitimacy of the examination of the case by the military courts.” Specifically, the State referred to a writ for protection [acción de tutela] presented by the petitioners regarding the compatibility of the decision of the Superior Council of the Judicature in the case of retired Brigadier General Uscátegui and Lieutenant Colonel Orozco with the jurisprudence of the Constitutional Court concerning the scope of the jurisdiction of the military courts, which, after being disallowed by the Chamber of Criminal Cassation of the Supreme Court of Justice is pending review by the Constitutional Court, on the initiative of the National Ombudsman. 24. The State also provided information on cases related to the facts in the instant case that are currently being examined in administrative and disciplinary proceedings. In connection 14 Note EE 2733 of the Office of the Director General of Special Affairs of November 28, 2000. 15 Note EE 1176 of the Office of the Director General of Special Affairs of June 14, 2000. 16 Note EE 2733 of the Office of the Director General of Special Affairs of November 26, 2000. 5