39
84(b) In the context of the struggle against the guerrilla groups, the State
encouraged the creation of such “self-defense groups” among the civilian population;
their purpose was to help the law enforcement personnel in anti-subversive
operations and defend themselves against the guerrilla groups. The State granted
them permission to own and bear arms, and gave them logistic support.20
84(c) In the 1980s, principally after 1985, it was notorious that the goals of many
“self-defense groups” changed and they became criminal groups, usually known as
“paramilitary groups.”21 The operated, above all, in the Magdalena Medio region and
gradually extended to other regions of the country.22
84(d) In 1984, a “self-defense group” known as the Asociación de Campesinos y
Ganaderos del Magdalena Medio [Association of Peasants and Livestock Owners of
Magdalena Medio] (ACDEGAM) was established in the municipality of Puerto Boyacá.
At its inception, it was formed for social purposes and for defense against possible
guerrilla attacks. With time, the group became a “paramilitary” or criminal group,
which, not only sought to defend itself from the guerrilla, but also attack and
eradicate it. This group kept a firm control in the municipalities of Puerto Boyacá,
Puerto Berrío and Cimitarra, and was led by Gonzalo Pérez and his sons Henry and
Marcelo Pérez. At the time of the events in this case, the Magdalena Medio was a
region where there was considerable activity in the struggle between the Army and
the “self-defense” groups against the guerrilla, in which the senior military leaders of
19
Cf. judgment delivered by the Superior Military Court on March 17, 1998 (evidence file presented
by the State on April 18, 2002, requested on the instructions of the President of the Court - paragraph 68
of the application - tome II, attachment 9, folios 1496 to 1498); and report of the United Nations Special
Rapporteur on summary and arbitrary executions on a visit to Colombia from October 11 to 20, 1989,
E/CN.4/1990/22/Add.1 of January 24, 1990 (file of attachments to the application, tome II, attachment
B9, folio 965).
20
Cf. judgment delivered by the National Court on April 14, 1998; judgment delivered by the
Superior Military Court on March 17, 1998 (evidence file presented by the State on April 18, 2002,
requested on the instructions of the President of the Court - paragraph 68 of the application - tome II,
attachments 5 and 9, folios 1276 to 1279 and 1496 to 1498); judgment delivered by the Cúcuta Regional
Court on May 28, 1997 (evidence file presented by the State on April 18, 2002, requested on the
instructions of the President of the Court - paragraph 68 of the application - tome I, attachment 4, folios
1221 and 1223); report of the United Nations Special Rapporteur on summary or arbitrary executions on a
visit to Colombia from October 11 to 20, 1989, E/CN.4/1990/22/Add.1 of January 24, 1990 (file of
attachments to the application, attachment B9, tome II, folio 965); and report of the Administrative
Department of Security (DAS) of March 15, 1989 (file of attachments to the application, tome I,
attachment B3, folio 614).
21
Cf. public hearing held at the seat of the Court on April 21 and 22,, 2004, the State’s reply to a
question posed by the Court; Decree 0180 of January 27, 1988; Decree 0815 of April 19, 1989; Decree
1194 of June 8, 1989 (helpful evidence presented by the State on May 26, 2004, requested by the Court
in an Order of April 22, 2004, tome II, folios 3557 to 3572); judgment delivered by the Superior Military
Court on March 17, 1998 (evidence file presented by the State on April 18, 2002, requested on the
instructions of the President of the Court - paragraph 68 of the application - tome II, attachment 9, folios
1496 to 1498); and report of the United Nations Special Rapporteur on summary and arbitrary executions
on a visit to Colombia from October 11 to 20, 1989, E/CN.4/1990/22/Add.1 (file of attachments to the
application, tome II, attachment B9, folios 965, 968, 978, 991, 992 and 994).
22
Cf. Report of the United Nations Special Rapporteur on summary or arbitrary executions on a visit
to Colombia from October 11 to 20, 1989, E/CN.4/1990/22/Add.1 of January 24, 1990 (file of attachments
to the application, tome II, attachment B9, folio 965).