60 The High Council of the Judiciary also decided that the criminal investigation against Colonel Lino Hernando Sánchez Prado, Sergeant Juan Carlos Gamarra Polo and Sergeant José Miller Ureña Díaz, would be heard by a regular criminal court, represented by the Deputy Regional Public Prosecutor of the National Human Rights Unit. In this regard it deemed that […] there is evidence against Officer Lino Hernando Sánchez Prado, such as statements and indicia that would indicate that he allegedly sponsored the armed groups outside the law, who arrived at the town of Mapiripán, to commit various crimes, for which reason he was charged with actions amounting to conspiracy to commit a crime, an activity which clearly constitutes a breach of the link with his service role, as said activity was foreign to his military functions, and was carried out since before the facts that took place in Mapiripán, for the effectiveness of which, allegedly being able to avoid said facts, he did not carry out his duty, and only arrived at that place on the 21st, which according to the Public Prosecutor’s Office enabled “the death squad to freely kill, kidnap, terrorize the population, establish its law, and only after they had completed their mortal task did the security forces headed by LC Lino Sánchez arrive”, so this improper remiss assistance is not linked either to his service role, as it is obvious from the considerations that this officer was fully aware of what was going to happen, for which reason he was remiss to thus allow the events to take place against the lives, individual liberty, and public security. […] according to the allegations against officer Lino Hernando Sánchez Prado, these are not based on military jurisdiction, given the lack of a link between providing the military service and the criminal conduct attributed to him. The investigation provides evidence against National Army Sergeants Juan Carlos Gamarra Polo and José Miller Ureña Díaz regarding their alleged participation in the facts that took place in the town of Mapiripán […] given the fact that they were stationed at the San José de Guaviare base, one of them in intelligence and the other at the military base at the airport of San José de Guaviare, which enabled them to have first hand knowledge of what happened, and they nevertheless did not carry out the duties pertaining to their functions, allegedly with the aim of allowing the punishable conduct that took place with their collaboration. There is obviously no link between the unlawful conduct allegedly committed by National Army Sergeants Juan Carlos Gamarra Polo and José Miller Ureña Díaz and the service they provided as military, since their actions and omissions were seemingly agreed upon beforehand, they behaved as private individuals, thus eliminating the link with their official function, for which reason […] the investigation must be heard by Regular 94 Criminal Justice. 96.93 On September 24, 1999 the Special Chamber to expedite proceedings of the Deputy Public Prosecutor’s Office before the High Court of the Judicial District of Santafé de Bogotá, in response to the appeal filed by the Public Prosecutor’s Office against the April 7, 1999 decision by the National Human Rights Unit (supra para. 96.83), decided: FIRST: TO PARTIALLY REVOKE operative paragraph 7 [with regard to the accusation against Jorge Luis Almeira Quiroz] of the April 7, 1999 decision, regarding the charge of disparate treatment against Captain Jorge Luis Almeira. SECOND: TO UPHOLD the April 7, 1999 decision brought before it for review…]95 94 See ruling of August 18, 1999 issued by the High Council of the Judiciary (file with appendixes to the application, appendix 54, pages 811 to 839). 95 See September 24, 1999 decision by the Deputy Prosecutor’s Office before the High Court of the Court Circuit of Santafé de Bogotá (file with appendixes to the brief containing pleadings and motions, appendix 25, pages 3149, 3199 and 3199 bis).