74 SECOND: To disciplinarily punish with a SEVERE REPRIMAND Major (today Lieutenant Colonel) Hernán Orozco Castro, as acting Commander of Infantry Battalion No. 19 “Joaquín París” of the National Army, at the time of the facts under investigation, for having incurred in disciplinary misconduct […] set forth in Decree 85 of 1989, Article 65, Section C, paragraph a); Section F, paragraphs a) and i), in accordance with the considerations set forth in this decision. THIRD: To disciplinarily punish with DISMISSAL Eduardo Brand Castillo, as Secretary of Government of the Department of Guaviare, at the time of the facts under investigation for having incurred in disciplinary misconduct […] As additional punishment he will be no allowed […] to exercise public functions for two (2) years […] as set forth in Law 200 of 1995, Article 25, number 3, in accordance with the considerations set forth in this decision. FOURTH: […] TO ACQUIT Brigadier General Jaime Humberto Uscátegui Ramírez and Major Hernán Orozco Castro regarding the non-pursuit of the armed group that moved to the inspection of La Cooperativa, after the facts that took place in Mapiripán. FIFTH: […] TO ACQUIT Jaime Calderón Moreno, as Municipal Mayor of Mapiripán at the time of the facts under investigation; Fernando Martínez Herrera, as Municipal Records Officer of the Civil Registry in Mapiripán; Luis Hernando Prieto Cárdenas, as Municipal Police Inspector in Mapiripán; César Augusto León Bermúdez, Municipal Representative and Juan Carlos López Pabón, Captain of the National Police. […] SEVENTH: […] to disciplinarily investigate the facts pertaining to the complaint filed by Pilot Edmundo Schmitz Sicard […] in accordance with what was stated in the point regarding the conduct of officer Juan Carlos López Pabón. EIGHT: To make attested copies for the Attorney General’s Office and the Deputy Public Prosecutor’s Office for the Military Forces to investigate the possible crime of perjury by Colonel Carlos Eduardo Ávila Beltrán.138 96.135 On May 7, 2001 Brigadier General (r) Jaime Humberto Uscátegui Ramírez filed an appeal for reconsideration against the judgment of April 24, 2001.139 orders” and these must be logical, timely, clear, precise, and concise, and in the case under examination, while he did issue orders, they were not timely to address the grave situation faced by the population of Mapiripán, and they were not logical because he knew that the Joaquín París Battalion did not have the means to address that situation. Article 65, Section F, “Against the Service,” paragraph a), for not having dutifully fulfilled the obligations and duties of the service, in a timely manner, because the military career demands a clear concept of fulfillment of duty, “devotion to the fatherland,” a sense of responsibility, in accordance with Article 18 ibidem. […] i) for not having reported on the facts that he should have reported to his superior officers by rank or service. Article 184, “Against Military Honor,” paragraph g), for not entering into combat, when he could and should have done so, and not providing the necessary assistance, when he was able to. Law No. 200 of 1995, “Which adopts the unified disciplinary code.” Article 25, paragraph 3 (also known as Article 25.3 of the Unified Disciplinary Code). Very gross misconduct includes: 3. Acting with manifest negligence in the investigation and punishment of disciplinary misconduct of the employees under him or in filing complaints regarding the punishable facts that he learns about while exercising his functions.” 138 See disciplinary ruling of April 24, 2001 issued by the Deputy Public Prosecutor of the Nation (file with appendixes to the application, appendix 61, pages 1006 and ff.) 139 See October 16, 2001 ruling, issued by the Attorney General’s Office (file with appendixes to the reply to the application, appendix 1, pages 4420 and ff), and appeal for reconsideration filed on May 7, 2001 by Brigadier General (r) Jaime Humberto Uscátegui Ramírez (evidence to facilitate adjudication of the case submitted by the representatives).

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