39
called paramilitary.” It also defined the crimes of linkage with and membership in
said groups, as well as that of providing instruction, training or equipment “to
individuals regarding military tactics, techniques or procedures to carry out the
criminal activities” of said armed groups.
It also defined as an aggravating
circumstance of the aforementioned conducts their being “committed by active or
retired members of the Military Forces or of the National Police or of the State’s
security agencies.” This decree subsequently became permanent legislation by
means of Decree 2266 issued on October 4, 1991.23
96.7 On December 14, 1990 the State issued Decree 3030/90 “that established the
requirements for the reduction of sentences due to confession of crimes committed
up to September 15, 1990.”24
96.8 Decree 2535 was issued on December 17, 1993, setting forth provisions on
weapons, munitions, and explosives.” According to its Article 1, “its aim is to set
forth provisions and requirements for owning and bearing arms, munitions,
explosives and their accessories […]; indicating the system of […] private
surveillance and private security.” Its Article 9 provides that “restricted-use weapons
are war weapons or weapons whose use is exclusive of the security forces, which
may exceptionally be authorized based on the discretionary powers of the competent
authorities, for special personal defense.”25
96.9 On February 11, 1994 the State issued Decree 356/94 “that issues the
Statute on Private Surveillance and Security,” the purpose of which, according to its
Article 1, is “that of establishing the statute for providing private surveillance and
security services.” Its Article 39 foresees providing “restricted-use firearms” and
acting “with techniques and procedures other than those established for private
surveillance and security services.”26
96.10 On December 26, 1997 the State issued Law 418 “that sets forth certain
instruments to seek harmonious relations, effective justice and issues other
provisions.” The period for this law to be in force was extended by means of Law
548 of December 23, 1999 and Law 782 of December 23, 2002.27
23
See Decree 1194 of June 8, 1989, “established new types of crimes pertaining to activities of
armed groups, commonly called death squads, groups of hired assassins or private justice groups;”
Decree 2266 of October 4, 1991, “By means of which certain provisions issued under the powers granted
by the State of Siege” are adopted as permanent legislation,” and expert opinion of Federico Andreu
rendered before the Inter-American Court during the public hearing held on March 7, 2005.
24
See Decree 3030/90 of December 14, 1990, “that established the requirements for reduction of
sentences due to confession of crimes committed up to September 5, 1990.”
25
See Decree 2535 issued on December 17, 1993 “that issues provisions regarding weapons,
munitions, and explosives.”
26
See Decree 356/94 issued on February 11, 1994 “that issues the Statute on Private Surveillance
and Security.”
27
See Law 418 issued on December 26, 1997 “which embodied certain instruments to seek
harmonious relations, effective justice, and issues other provisions;” Law 548 of December 23, 1999 “that
extends the period during which Law 418 of December 26, 1997 is in force and issues other provisions,”
and Law 782 of December 23, 2002 “that extends the period during which Law 418 of 1997, extended and
modified by Law 548 of 1999, is in force, and modifies some of its provisions.”
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