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95(4) On December 17, 1986, Colombia issued Decree No. 3664 “ordering
measures for the re-establishment of public order”, which stipulated, inter alia:
Article 1. While public order has been disrupted and there is a state of siege throughout
national territory, the person who without permission from the competent authority
imports, manufactures, transports, stores, distributes, sells, supplies, repairs or carries
personal defense weapons shall be sentenced to imprisonment for one to four years and
the said weapon will be confiscated […]26
95(5) On January 27, 1988, Colombia issued Legislative Decree No. 0180
“complementing some provisions of the Penal Code and ordering other provisions
leading to the re-establishment of public order.” This decree defined, inter alia, the
membership, promotion and leading of groups of hired assassins, and also the
manufacture or trafficking of weapons and ammunition exclusively for the use of the
Armed Forces or the National Police. This decree was later converted into permanent
legislation by Decree No. 2266 of 1991.27
95(6) On April 14, 1988, Decree No. 0678 was issued “ordering measures to restore
public order in the area of Urabá Antioqueño.” This decree was issued, with, inter
alia, the following preambular paragraphs:
[...] That one of the factors that disrupts public order has been the violent activities of
criminal groups [...];
That one of the sectors most affected by these criminal activities has been the
geographical area of Urabá Antioqueño;
That the recent genocides perpetrated by criminal groups in the municipalities of Turbo
and Apartadó have contributed to exacerbating the already disrupted public order,
causing profound concern in the country;
That, in view of the critical nature of this situation, it is the obligation of the Government
to adopt measures to try and restore public order and peace in that troubled part of the
country.
That the situation in Urabá Antioqueño converts it into an emergency zone and an area
where military operations are conducted, and this requires special public order measures
[...]
and decreed:
Article 1. To declare that the region of Urabá Antioqueño is a zone of emergency and of
military operations [...]
Article 2. To create the Military Headquarters of the Urabá Antioqueño based in Carepa,
with jurisdiction in the following municipalities of the Department of Antioquia: Turbo,
Arboletes, Necoclí, Apartadó, Chigorodó, Mutatá, Murindó, Vigía del Fuerte, San Juan de
Urabá, Carepa, San Pedro de Urabá and Dabeiba. The Military Chief of Urabá Antioqueño
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.
26
Cf. Decree No. 3664 of December 17, 1986, “ordering measures to restore public order” (file of
attachments to the requests and arguments brief, tome I, attachment 2(2), folio 886).
27
Cf. Decree No. 0180 of January 27, 1988, by which “complementary elements to some provisions
of the Penal Code are introduced and other provisions leading to the re-establishment of public order are
ordered,” and Decree No. 2266 of October 4, 1991 (file of attachments to the answer to the application,
folio 1764).
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