114. On September 8, 2011, the defense counsel of those convicted filed an application for control of legality against the measure of imprisonment, which was declared unsubstantiated by the Criminal Judge attached to the Saravena Circuit, sitting in Arauca.162 115. On October 10, 2011, the Prosecutor General decided to change the assignment of the investigation under file 419 that was being conducted by the 29th Specialized Prosecutor’s Office of the National Human Rights Unit.163 The following day, the head of the National Human Rights and International Humanitarian Law Unit assigned the 22nd Specialized Prosecutor of the Human Rights Unit to conduct the criminal investigation in relation to the Colombian Air Force pilots and colonels, S.G.V., G.D.L.S. and C.A.G.M.164 116. On November 2, 2011, the 22nd Prosecutor decided to annul the closure of the investigation decided by a ruling of September 7, 2011, in order to continue it and to rule on the admissibility of the evidence requested by the accused during their respective unsworn statements.165 117. On November 18, 2011, the 22nd Prosecutor released Colombian Air Force Colonel S.A.G.M. and Major G.L. because the pertinent time frame had expired.166 118. On January 3, 2012, the National Human Rights and International Humanitarian Law Unit decided the appeal for reconsideration of judgment filed against the ruling of December 9, 2011, ordering some evidence requested by the defense counsel, refusing other evidence, and ordering other evidence ex officio.167 119. Insufficient information was provided to determine whether the State agents sentenced and convicted in second instance have served the sentences imposed on them. F.3. Disciplinary investigation 120. On December 13, 1998, the National Director of Special Investigations of the Attorney General’s Office launched, ex officio, a preliminary disciplinary investigation. 121. On June 13, 2000, the Attorney General’s Office ordered the opening of an investigation against Captain C.R.P., Lieutenant J.J.V., Flight Technician H.M.H.A. and the Commander of the Comuneros 36th Counter-Guerrilla Battalion, National Army Major J.M.G.G.168 122. On October 27, 2000, disciplinary charges were brought against C.R.P., J.J.V. and H.M.H.A. Specifically, Captain C.R.P. was charged with launching an explosive cluster device, while being aware of the danger this represented. The Attorney General’s Office stated that this conduct constitutes a gross violation of international humanitarian law and wanton disregard for human life.169 Flight Technician H.M.H.A. was charged with the fact that, at the time of the military operations in the village of Santo Domingo, heeding the order given by the pilot of the said aircraft, he fired a cluster bomb at a pre-selected target, knowing that this was situation within the village 162 Cf. Criminal Court of the Saravena Circuit sitting in Arauca, Interlocutory decision No. 022-2011 of September 8, 2011 (evidence file, tome 17, folios 9049 to 9056). 163 Cf. Decision No. 0-2706 of October 10, 2011, Prosecutor General’s Office (evidence file, tome 17, folios 9058 and 9059). 164 Cf. Decision No. 000229 of October 11, 2011, Prosecutor General’s Office (evidence file, tome 17, folios 9061 to 9063). 165 Cf. Decision of November 2, 2011, Prosecutor General’s Office, National Human Rights and International Humanitarian Law Unit, Case file 419-A (evidence file, tome 17, folios 9061 to 9063). 166 Cf. Decision of November 2, 2011, Prosecutor General’s Office, National Human Rights and International Humanitarian Law Unit, Case file 419-A (evidence file, tome 17, folios 9061 to 9063). 167 Cf. The 22nd Special Prosecutor of the UNDH-DIH, decided not to reinstate the decision of December 9, 2011, but to grant the appeal against i (evidence file, tome 20, folios 10485 to 10487). 168 Cf. Attorney General’s Office, Special Disciplinary Commission, case file 155-45564-00, October 2, 2002 (evidence file, tome 3, folio 969 to 1034). 169 Cf. Attorney General’s Office, Special Disciplinary Commission, case file 155-45564-00, October 2, 2002 (evidence file, tome 3, folio 969 to 1034). ‐ 33 ‐