41 84(h) On June 8, 1989, the State issued Decree 1194 “extending legislative decree 0180 of 1988, to punish new criminal activities, since this was required in order to re-establish public order.”29 One of the preambular paragraphs of this norm stated that “events that have been occurring in the country have demonstrated that there is a new criminal activity consisting in horrendous acts being committed by armed groups, mistakenly called “paramilitary groups,” formed into death squadrons, bands of hired murderers, self-defense or private justice groups, whose existence and activities gravely affect the social stability of the country, and which should be suppressed in order to re-establish public order and peace.” This decree classified as crimes the promotion, financing, organization, leadership, encouragement and execution of acts “designed to train or provide access of individuals to the armed groups, commonly known as death squadrons, bands of hired murderers or private justice groups, erroneously called paramilitary groups.” It also classified as a crime, having connections to or belonging to such groups, as well as instructing, training or equipping “individuals in military tactics, techniques or procedures for carrying out the criminal activities” of these armed groups. It also stipulated that acts “committed by active or retired members of the Military Forces or National Police or State security agencies” would be considered as aggravating the said conduct. This decree was subsequently converted into permanent legislation by Decree 2266 issued on October 4, 1991.30 85. Regarding the disappearance and death of the 19 alleged victims 85(a) Álvaro Lobo Pacheco, Gerson Javier Rodríguez Quintero, Israel Pundor Quintero, Ángel María Barrera Sánchez, Antonio Flórez Contreras, Víctor Manuel Ayala Sánchez, Alirio Chaparro Murillo, Álvaro Camargo, Gilberto Ortíz Sarmiento, Reinaldo Corzo Vargas, Luis Hernando Jáuregui Jaimes, Luis Domingo Sauza Suárez, Juan Alberto Montero Fuentes, Rubén Emilio Pineda Bedoya, Carlos Arturo Riatiga Carvajal, Juan Bautista, Alberto Gómez (whose second last name was possibly Ramírez) and Huber Pérez (whose second last name was possibly Castaño) made a living by carrying out commercial activities, such as the transport of merchandise or persons, the purchase of merchandise on the border between Colombia and Venezuela, and the sale of this in Bucaramanga, Medellín and other towns on the connecting highway.31 85(b) The “leadership” of the “paramilitary” group that exercised firm control over the municipality of Boyacá (supra para. 84(d)) had a meeting at which they decided to kill the tradesmen and seize their merchandise and vehicles, because the tradesmen did not pay the “taxes” that the said “paramilitary” group charged to transit the region with merchandise and because they considered that the alleged 29 Cf. 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 3570 to 3572). 30 Cf. Decree 2266 of October 4, 1991 (helpful evidence presented by the State on May 26, 2004, requested by the Court in an Order of April 22, 2004, tome II, folios 3573 to 3581). 31 Cf. judgment delivered by the Criminal Court of the San Gil Specialized Circuit on March 23, 2001 (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 3, folio 1083); and copy of the file before the Cúcuta Regional Court in case No. 1728 against Alonso de Jesús Baquero Agudelo for the crimes of extortive kidnapping and aggravated homicide to the detriment of “Alvaro Pacheco and 18 other tradesmen”, “Regional Prosecutor’s File 087” (U.N.D.H.) (helpful evidence presented by the State on May 26, 2004, requested on the instructions of the President of the Court - paragraph 68 of the application).

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