125 violation of the provisions of the Convention regarding the right to judicial protection and to due process.247 a) Actions by the criminal military jurisdiction 199. Since April 20, 1999, in response to a request addressed by the Attorney General’s Office to the Regional Public Prosecutor in charge of the proceeding, and then in connection with other requests by the Public Prosecutor’s Office, there were attempts for a part of the investigations regarding the facts that took place in Mapiripán to be heard under criminal military jurisdiction (supra para. 96.85). On June 2, 1999 the Commander of the Army, as first instance military judge, filed a “positive clash of spheres of competence” before the Human Rights Unit, for the case to be transferred to military jurisdiction (supra para. 96.90). After several rulings of said Human Rights Unit and several appeals, on August 18, 1999 the High Council of the Judiciary decided that criminal military courts would hear the criminal investigation against Brigadier General Jaime Humberto Uscátegui Ramírez and against Lieutenant Colonel Hernán Orozco Castro, and that regular criminal courts would hear the criminal investigation against Colonel Lino Hernando Sánchez Prado, Sergeant Juan Carlos Gamarra Polo and Sergeant José Miller Ureña Díaz (supra para. 96.92). 200. Therefore, the criminal proceeding was divided between the two venues and on February 12, 2001 Brigadier General Jaime Humberto Uscátegui Ramírez was convicted by the High Military Court to 40 months in prison, to a fine amounting to the equivalent of 60 monthly minimum wages for the crime of malfeasance of public office by omission, to suspension of patria potestas for the same time as the main sentence applied to him, and to absolute dismissal from the Military Forces; also, said military officer was acquitted of the crime of falsifying a document while exercising his functions, and discontinuance of the proceeding was ordered in his favor with regard to the crimes of homicide and aggravated kidnappings, terrorism and conspiracy to commit a crime (supra para. 96.98). Likewise, Lieutenant Colonel Hernán Orozco Castro was convicted to 38 months in prison and to a fine of 55 current legal minimum monthly wages, for the crime of malfeasance of public office by omission; he too was acquitted of the crime of falsifying a document while exercising his functions, and discontinuance of the proceeding was ordered in his favor with regard to the crimes of multiple homicide, aggravated kidnappings, terrorism, conspiracy to commit a crime, and violation of Decree 1194 of 1989 (supra para. 96.99). After being convicted and spending 24 months in prison, General Uscátegui was released by a decision of the High Military Court (supra para. 96.102). 201. Allocation of part of the investigation to military criminal jurisdiction has been viewed by the Commission and the representatives as an abridgment of the rights to judicial protection and to due process (supra para. 190 b) and 191 a)). 202. With regard to military criminal jurisdiction, the Court has already established that in a democratic State under the rule of law said jurisdiction must have a restrictive and exceptional scope and must be geared to protection of special legal 247 See Case of the Moiwana Community, supra note 4, para. 143; Case of the Serrano Cruz Sisters, supra note 11, paras. 57 to 58, and Case of Lori Berenson Mejía, supra note 13, para. 133.