-4495(12) On June 8, 1989, the State issued Decree No. 1194, “which added to
Legislative Decree No. 0180 of 1988, penalizing new criminal activities, in the
interests of restoring public order.” The preambular paragraphs of the decree state
that “the events occurring in our country have shown that there is a new criminal
activity consisting of the perpetration of horrendous acts by armed groups, wrongly
called ‘paramilitary groups,’ which set themselves up as death squads, bands of
hired killers, or self-defense or private justice groups, whose existence and activities
severely affect the country’s social stability and which must be eliminated in order to
restore public peace and order.” This decree defined as a crime the promotion,
financing, organization, leading, encouragement and execution of acts “designed to
train individuals or enroll them in armed groups commonly known as death squads,
bands of hired killers or private justice groups, erroneously known as paramilitary
groups.” It also defined as a crime, connection with and membership in such groups,
as well as instructing, training or equipping “individuals in military procedures,
techniques or tactics to carry out the criminal activities” of the said armed groups. In
addition, it stipulated that it was an aggravating circumstance of these conducts, if
they were “committed by active or retired members of the Armed Forces, the
National Police or State security agencies.” The decree subsequently became
permanent legislation by Decree No. 2266 issued on October 4, 1991.36
95(13) On July 31, 1990, Decree No. 1685 was issued, annulling Legislative
Decrees No. 678 (supra para. 95(6)) and No. 679/1988.37
95(14) On December 14, 1990, the State issued Decree No. 3030/90 “establishing
the requirements for reducing sentences as a result of the confession of crimes
committed before September 5, 1990.”38
95(15) On October 4, 1991, Decree No. 2266 was issued “adopting as permanent
legislation several provisions issued in exercise of the powers of the state of siege”;
namely: Legislative Decrees Nos. 3664/1986, 1198/1987, 1631/1987, 180 of 1988,
2490/1988, 1194/1989, 1856/1989, 1857/1989, 1858/1989, 1895/1989, 2790/1990
and 099/1991.39
95(16) On December 17, 1993, Decree No. 2535 was issued “with provisions
concerning weapons, ammunition and explosives.”40
36
Cf. Decree No. 1194 of June 8, 1989, “which added to Legislative Decree No. 180 of 1988,
penalizing new criminal activities, because the restoration of public order required it” (file of attachments
to the requests and arguments brief, tome I, attachment 2(11), folio 911), and Decree No. 2266 of
October 4, 1991, “adopting as permanent legislation, several provisions issued in exercise of the attributes
of the state of siege” (file of attachments to the answer to the application, folio 1764).
37
Cf. Decree No. 1685 of July 31, 1990, “derogating legislative Decrees Nos. 678 and 769/1988”
(file of attachments to the requests and arguments brief, tome I, attachment 2(12), folio 913).
38
Cf. Decree No. 3030/90 of December 14, 1990, “establishing the requirements for the reduction
of sentences owing to the confession of crimes committed before September 5, 1990.”
39
Cf. Decree No. 2266 of October 4, 1991, “adopting as permanent legislation several provisions
issued in exercise of the attributes of the state of siege” (file of attachments to the requests and
arguments brief, tome I, attachment 2(13), folio 914).
40
Article 1 states that the purpose of this decree “is to establish norms and requirements for
owning and carrying weapons, ammunition and explosives and their accessories […]; to establish the
regime for […] surveillance and private security services.” Article 9 stipulates that “weapons of restricted
use are combat weapons or those exclusively for the use of law enforcement bodies, which may be
authorized, exceptionally, for special personal defense based on the discretional powers of the competent
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