25
later became paramilitary organizations.52 This legal framework was in force at the time of
the Rochela Massacre. The State both granted the members of such groups the right to bear
and possess arms, and provided them with logistic support.53
83.
Furthermore, the judicial investigations conducted reveal the relationship that existed
between paramilitary groups and State security forces at the time of the events of the
instant case.54 In addition, in his report on the visit to Colombia in October 1989, the United
Nations Special Rapporteur on Summary or Arbitrary Executions explained that:
The paramilitary groups are trained and financed by drug traffickers and possibly, a few
landowners. They operate very closely with elements of the armed forces and the police. Most of
the killings and massacres carried out by the paramilitary groups occur in areas which are heavily
militarized. The paramilitary groups are able to move easily in such areas and commit murders
with impunity. [I]n some cases, the military or police either turn a blind eye to what is being
done by paramilitary groups or give support by offering safe conduct passes to members of the
paramilitary or by impeding investigations. For example, the Director of the National Criminal
Investigation Department at the time The Rochela massacre said that what worried him most was
that inquiries for which he was responsible were turning up more and more evidence of
indulgence, tolerance, and backing of extreme right-wing groups by members of the police and
army. (emphasis supplied)
84.
Since “the 1980’s, particularly since 1985, many ‘self-defense groups’ have changed
their aims and become criminal organizations commonly known as ‘paramilitaries’”.
However, it was not until January 1988 that the State started to respond. Decree 0180 of
January 27, 1988, which classified some conduct as criminal, is the legal instrument that
differentiates the instant case from the Case of the 19 Tradesmen.55
85.
Notwithstanding the abovementioned legal instrument, it should be pointed out that
on January 18, 1989, when the Rochela Massacre was carried out: a) several years had
passed since it became evident that self-defense groups had turned into paramilitary
groups; and b) the relevant provisions of 1965 and 1968 were still in full force and effect.
Such provisions promoted the creation of self-defense groups. For example, paragraph 3 of
Article 33 of Legislative Decree 3398 of 1965, granted powers to the National Defense
order to be disturbed and a state of siege to be imposed throughout the national territory.” Articles 25 and 33 of
Legislative Decree 3398 provided the legal grounds for the creation of “self-defense groups.” The abovementioned
Article 25 provided that “[a]ll Colombians, men and women, who were not affected by the call into mandatory
military service, co[u]ld be required by the Government to perform activities and tasks contribut[ing] to reestablish the normal situation.” Furthermore, paragraph 3 of the abovementioned Article 33 provided that “[th]e
Ministry of National Defense, acting through the authorized commands, may, where it shall deem it convenient, use
as its private property the weapons restricted for the exclusive use of the Armed Forces.” Cf. Case of 19
Tradesmen, supra note 33, para. 84.a).
51
The object of said groups was to mobilize the civil population to help State security forces in antisubversive operations and defense against the guerrilla groups. Cf. Case of the 19 Tradesmen, supra note 33,
para. 84.b).
52
Cf. Case of the 19 Tradesmen, supra note 33, para. 84.c) and 115 to 124.
53
Cf. Case of the 19 Tradesmen, supra note 33, para. 84.b).
54
Cf. Case of the 19 Tradesmen, supra note 33, para. 86.a).
55
Cf. The State issued Decree 0180 of January 27, 1988, whereby “some provisions of the Criminal Code
were supplemented, while others aimed at re-establishing public order were issued.” Such decree was adopted as
permanent legislation by Decree 2266 of October 4, 1991 and classified, inter alia, as criminal offenses the
belonging to, promoting, and directing groups of hired gunmen, as well as the manufacture or traffic of arms and
ammunition for the exclusive use of Military or National Police Forces. Cf. Case of the 19 Tradesmen, supra note
33, para. 84.f).
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