1. Regarding the paramilitary phenomenon in Colombia 75. The organs of the inter-American system have monitored human rights violation committed in the context of Colombia's internal armed conflict and, in particular, the actions of paramilitary groups. 76. As the IACHR established in its Third Report on the Human Rights Situation in Colombia, the State played a major part in developing the so-called paramilitary or self-defense groups, which it allowed to act with legal protection and legitimacy in the 1970s and 1980s,29 and it is broadly responsible for their existence and strengthening.30. 77. These groups, either sponsored or accepted by sectors of the Armed Forces, were in large part created with the aim of combating armed dissident groups.31 Furthermore, as a result of their counterinsurgency motivation, paramilitary groups formed ties with the Colombian Army that strengthened over more than two decades 32 . Finally, on May 25, 1989, the Supreme Court of Justice declared the unconstitutionality of paragraph 3 of Article 33 of Legislative Decree 3398, which had provided a legal basis for the establishment of self-defense groups33 and withdrew the legal support for their ties to national defense, following which the State adopted a series of legislative measures criminalizing the activities of these groups and of those lending them support.34 In spite of that, the State did little to dismantle the structure it had created and encouraged, particularly when the groups conducted counterinsurgency activities; in fact, the ties remained in place at several levels, with the paramilitaries, in some cases, being asked or allowed to carry out certain illegal acts on the understanding that they would not be investigated, prosecuted, or punished.35 The toleration of these groups by certain sectors in the Army has been denounced even by State bodies.36 78. The Commission notes that initially the State encouraged the creation of “self-defense” groups with specific objectives, but these were overstepped, and they began to function outside the law, on occasion in collaboration with or with the acquiescence of agents of the State. The Court has observed that 29 In fact, Decree 3398 of 1965 (National Defense Act) and Law 48 of 1968 authorized the establishment of civilian patrols that received weapons for the exclusive use of the State's security forces, thanks to authorization by the Ministry of Defense. Article 25 of Decree 3398 of 1965 established that "All Colombian men and women, not bound by obligatory military service requirements, may be used by the Government for activities and work contributing to the restoration of order (la normalidad)." IACHR, Report No. 75/06, Jesús María Valle Jaramillo, October 16, 2006, par. 61. 30 IACHR, Third Report on the Situation of Human Rights in Colombia. OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999, Chapter IV, par. 236. At: http://www.cidh.org/countryrep/Colom99sp/indice.htm. IACHR, Report No. 75/06, Jesús María Valle Jaramillo, October 16, 2006, par. 61. 31 IACHR, Third Report on the Situation of Human Rights in Colombia. OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999, Chapter I, paragraphs 7-19. At: http://www.cidh.org/countryrep/Colom99sp/indice.htm. IACHR, Report No. 75/06, Jesús María Valle Jaramillo, October 16, 2006, par. 62. 32 I/A Court H.R., Case of the “Mapiripán Massacre” v. Colombia. Preliminary objections. Judgment of March 7, 2005. Series C No. 122, pars. 96.1-96.5. 33 Articles 25 and 33 of Legislative Decree 3398 (National Defense Act) and Law 48 of 1968 constituted the legal foundations for the creation of “self-defense groups.” Cf. I/A Court H.R., Case of Blake v. Colombia. Judgment of July 5, 2004. Series C No. 109, par. 84 g). 34 Decrees 1194 of June 8, 1989 and 2266 of 1991. IACHR. Report No. 75/06, Jesús María Valle Jaramillo, October 16, 2006, par. 62. 35 IACHR, Third Report on the Situation of Human Rights in Colombia. OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999. Chapter I, paragraphs 17-19. At: http://www.cidh.org/countryrep/Colom99sp/indice.htm. See also, Report of the United Nations High Commissioner for Human Rights on the Office in Colombia, April 2000, par. 30. See also, IACHR Report No. 75/06, Jesús María Valle Jaramillo, October 16, 2006, par. 62. 36 IACHR, Third Report on the Situation of Human Rights in Colombia. OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999, Chapter IV, paragraphs 37-239. IACHR. Report No. 75/06, Jesús María Valle Jaramillo, October 16, 2006, par. 62. At: http://www.cidh.org/countryrep/Colom99sp/indice.htm.