22
85.
On September 21, 2007, the 12th Criminal Court of the Bogotá Circuit issued a
judgment at first instance in which it found Air Force servicemen César Romero Pradilla, Johan
Jiménez Valencia, and Héctor Mario Hernández Acosta guilty of simultaneously committing, with a
single act, 17 counts of manslaughter and 18 counts of negligent bodily harm and sentenced them
to the principal penalty of 72 months of imprisonment and a fine of $270,000.00 Colombian pesos,
together with the ancillary penalty of prohibition from the exercise of public rights and duties for the
same period of time as the prison sentence. 87 That judgment was appealed and on January 30,
2009, the Superior Tribunal of Bogotá annulled the decisions adopted after the closure of the
evidentiary stage on the basis that in the course of the trial evidence came to light that required the
indictment to be changed to include wanton disregard for human life.
86.
The Prosecutor's Office subsequently changed the legal classification and on
September 24, 2009, the 12th Criminal Court of the Bogotá Circuit issued a new decision at first
instance in which it found Captain César Romero Pradilla and Lieutenant Johan Jiménez Valencia
guilty of simultaneously committing, with a single act, 17 counts of homicide and 18 counts of
bodily harm with wanton disregard for human life, and sentenced them to the principal penalty of
380 months in prison and a fine of $44,000 Colombian pesos, along with the ancillary penalty of
prohibition from the exercise of public rights and duties for 10 years and disqualification from
occupying any position in the public administration for five years. The court also found Technician
Héctor Mario Hernández Acosta guilty of simultaneously committing, with a single act, 17 counts of
manslaughter and 18 counts of negligent bodily harm, and sentenced him to 72 months in prison
and a fine of $181,000 Colombian pesos, together with the ancillary penalty of prohibition from the
exercise of public rights and duties for the same period of time as the prison term and
disqualification from occupying any position in the public administration for five years. 88
87.
In addition, with respect to César Romero Pradilla and Johan Jiménez Valencia, the
judgment provided that official letters be sent to the appropriate authorities with a view to
instituting administrative proceedings for complete separation from the armed forces in accordance
with Article 111 of Decree 1790 of 2000, 89 that the two convicted men were not entitled to parole
or substitution of the sentence with house arrest, and that it would issue a warrant for their arrest
once the judgment became final.
88.
As for Héctor Mario Hernández Acosta, the decision provided that he was not
entitled to parole, ordered his arrest once the judgment became final, and granted him the benefit of
substitution of the sentence with house arrest.
89.
The judgment stated that
87
Annex 4. Twelfth Criminal Court of the Bogotá Circuit, Case 2005-102, September 21, 2007. Appendix to the
communication presented by a third party, received by the IACHR on February 6, 2009, received on March 9, 2009, and
transmitted to both parties on April 21, 2010.
88
Annex 4. Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First
Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009. Appendix 2 to the State’s brief of October 5,
2010, received at the IACHR on October 6, 2010.
89
Annex 4. Twelfth Criminal Court of the Bogotá Circuit with functions under Law 600 of 2000, Judgment at First
Instance, Case 2005-102, César Romero Pradilla et al., September 24, 2009. Appendix 2 to the State’s brief of October 5,
2010, received at the IACHR on October 6, 2010. See also Article 111 of Decree 1790 of 2000. “Complete separation.
When an officer or noncommissioned officer of the armed forces is sentenced to imprisonment as a principal penalty by a
military criminal courts, unless the conviction is for an offense committed with negligence when it is so determined in a
disciplinary ruling, they shall be completely separated from the armed forces and shall not be permitted to belong to them in
the future.”