41
begun.”32
96.16 The Agreement of Santa Fe de Ralito, signed on July 15, 2003, stated the
agreement between the Government and the AUC regarding complete demobilization
of the latter before December 31, 2005. In 2003 there were approximately 13500
members of the AUC. On November 25, 2003 874 members of the “Bloque Cacique
Nutibara” of the AUC turned in their weapons. In early December 2004 about 1400
members of the “Catatumbo” Front demobilized, and including this figure, by the end
of 2004 approximately 3000 members of the AUC had demobilized. In 2005
approximately 7000 members of various blocks of the AUC laid down their weapons,
and therefore to date approximately 10,500 AUC paramilitary have demobilized.33
96.
On June 22, 2005 the Congress of the Republic of Colombia enacted Law No.
975, called “Ley de Justicia y Paz”, “which issues provisions for the reinsertion of
members of organized armed groups outside the law, to effectively contribute to the
attainment of national peace, and issues other provisions for humanitarian
agreements,” given legal force and published on July 25, 2005.34
96.18 The paramilitary groups are believed to be responsible for numerous
politically motivated murders in Colombia and for a major part of the human rights
violations in general.35
96.19 Numerous cases of linkages between the paramilitary and members of the
security forces have been documented in Colombia in connection with events similar
to those of the instant case, as well as remiss attitudes by members of the security
forces regarding actions by said groups. In its reports on the human rights situation
in Colombia since 1997, the Office of the United Nations High Commissioner for
Human Rights has documented cases representative of violations of the Right to Life,
in which the government and the armed forces allegedly collabo rated with the
paramilitary in murdering, threatening, or displacing the civilian population. Said
collaboration between the security forces and the paramilitary has constituted a treat
obstacle to observance of human rights in Colombia, in the opinion of the Office of
the High Commissioner. In her 1997 report, the High Commissioner showed her
concern regarding the possible participation of the armed forces together with the
paramilitary in acts of violence including, among others, the massacre at Mapiripán.
32
See Decree 2767 issued on August 31, 2004 “which regulates Law 418 of 1997, extended and
modified by Law 548 of 1999 and Law 782 de 2002 regarding reentry into civilian life”.
33
See the Report by the United Nations High Commissioner for Human Rights on the human rights
situation in Colombia, E/CN.4/2004/13, February 17, 2004, para. 13; High Commissioner for Peace in
Colombia,
Dialogue
and
Negotiation,
Self-Defense
Groups,
at
http://www.altocomisionadoparalapaz.gov.co/g_autodefensa/dialogos.htm; December 13, 2004 Report by
the Inter-American Commission on Human Rights on the Process of Demobilization in Colombia, OAS
/Ser.L/V/II.120 Doc. 60, paras. 56, 75 and 94, and Report by the United Nations High Commissioner for
Human Rights on the human rights situation in Colombia, E/CN.4/2005/10, February 28, 2005,
introduction.
34
See Law 975 issued on July 25, 2005 “which issues provisions for the reinsertion of members of
organized armed groups outside the law, to effectively contribute to the attainment of national peace, and
issues other provisions for humanitarian agreements” (file with appendixes to the brief submitted by the
representatives with regard to ‘a supervening event constituted by enactment of Law 975 of 2005’).
See Report by the United Nations High Commissioner for Human Rights on the human rights
situation in Colombia, E/CN.4/2005/10, February 28, 2005, para. 8, and Report by the United Nations
High Commissioner for Human Rights on the human rights situation in Colombia, E/CN.4/2001/15, March
20, 2001, paras. 29 and 30 (file with appendixes to the brief containing pleadings and motions, appendix
39, folios 3627, 3628, 3650 and 3651).
35
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