47
125(16) In August 2002, some of the leaders of the United Self-Defense Forces of
Colombia (hereinafter “the AUC”) announced their intention of negotiating terms for
the demobilization of their forces.52
125(17) On January 22, 2003, the State issued Decree 128, which established “legal
and socio-economic benefits” as well as other types of benefits for the “illegal armed
organizations” that accepted the demobilization program. Article 13 of the decree
established that:
[…] Members of illegal armed organizations who demobilize and, regarding whom the
Operational Committee on Disarmament (CODA) has issued a certification, shall have a
right to pardon, conditional suspension of the execution of sentence, cessation of the
proceedings, preclusion of the investigation or writ of prohibition, according to the status
of the proceedings […]
125(18) Article 21 of this Decree excluded from the enjoyment of these benefits:
Those who are being prosecuted or who have been convicted of crimes that, according
to the Constitution, the law, or international treaties signed and ratified by Colombia,
may not receive this type of benefit.53
125(19) On November 24, 2003, the State issued Decree 3360 “regulating Act 418
of 1997, extended and modified by Act 548 of 1999 and by Act 782 of 2002.”
According to one of the preambular paragraphs, “special procedures shall be
established to facilitate the collective demobilization of illegal organized armed
groups within the framework of agreements with the national Government.”54
125(20) On August 31, 2004, the State issued Decree 2767. One of the preambular
paragraphs states that “conditions must be established that, clearly and precisely,
allow spheres of competence to be established, functions assigned and procedures
developed for acceding to the benefits referred to in Act [418 of 1997, extended and
modified by Act 548 of 1999 and by Act 782 of 2002], once the voluntary
demobilization procedure starts.”55
125(21) On July 15, 2003, the Santa Fe de Ralito Agreement was signed, in which
the Government and the AUC agreed to the total demobilization of these forces
before December 31, 2005. In 2003, the AUC had approximately 13,500 members.
On November 25, 2003, 874 members of the AUC “Bloque Cacique Nutibara” handed
52
Cf. Report of the United Nations High Commissioner for Human Rights on the situation of human
rights in Colombia of February 17, 2004, E/CN.4/2004/13, para. 13; Alto Comisionado para la Paz en
Colombia,
Diálogos
y
Negociación,
Grupos
de
Autodefensa,
en
http://www.altocomisionadoparalapaz.gov.co/g_autodefensa/dialogos.htm, and Report of the InterAmerican Commission on Human Rights on the demobilization process in Colombia of December 13, 2004,
OEA/Ser.L/V/II.120 Doc. 60, para. 75.
53
Cf. Decree 128 issued on January 22, 2003, “regulating Act 418 of 1997, extended and modified
by Act 548 of 1999 and Act 782 of 2002 concerning reincorporation into civil society”.
54
Cf. Decree 3360 issued el November 24, 2003, “regulating Act 418 of 1997, extended and
modified by Act 548 of 1999 and by Act 782 of 2002”.
55
Cf. Decree 2767 issued on August 31, 2004, “regulating Act 418 of 1997, extended and modified
by Act 548 of 1999 and Act 782 of 2002 concerning reincorporation into civil society.”
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