-40(supra para. 32), this information does not contradict the statements of the
witnesses, does not respond to the Court’s question, and does not adversely affect
the probative nature of this fact.
VII
PROVEN FACTS
95.
Having examined the probative elements in the case file and the statements
of the parties, the Court finds that the following facts have been proved:
The internal armed conflict in Colombia and the illegal armed groups, called
“paramilitary groups”
95(1) Beginning in the 1960s, different guerrilla groups emerged in Colombia and,
owing to their activities, the State declared “that public order had been disrupted and
national territory was in a state of siege.” In view of this situation, on December 24,
1965, the State issued Legislative Decree No. 3398 “organizing the defense of the
nation”; this decree was of a transitory nature, but it was adopted as permanent
legislation by Act No. 48 of 1968 (with the exception of articles 30 and 34). Articles
25 and 33 of this Legislative Decree provided a legal basis for the creation of “selfdefense groups.” The preambular paragraphs of the decree stated that “the
subversive actions undertaken by extremist groups to alter the legal order called for
a coordinated effort by all law enforcement bodies and the armed forces of the
nation”; in this regard, the said article 25 stipulated that “[a]ll Colombians, men and
women, who were not affected by conscription for obligatory military service c[ould]
be used by the Government in activities and tasks which w[ould] contribute to reestablish normality.” In addition, article 33(3) stated that “[t]he Ministry of National
Defense, through the authorized commands, may seize, when it deemed appropriate,
as its own property, arms considered to be for the exclusive use of the Armed
Force.” “Self-defense groups” were formed legally under these provisions; hence
they had the support of the State authorities.23
95(2) In the context of the fight against the guerrilla groups, the State encouraged
the creation of “self-defense groups” among the civilian population; the main
purpose was to help law enforcement agents during anti-subversive operations and
to defend the civilian population from the guerrilla groups. The State gave them
permission to carry and own weapons, and also logistic support.24
95(3) During the 1980s, mainly as of 1985, it was well-known that many “selfdefense groups” changed their objectives and became criminal groups, usually
known as “paramilitary groups.” This happened first in the Magdalena Medio region
and then extended gradually to other regions of the country.25
23
Cf. Legislative Decree No. 3398 of December 24, 1965; Act 48 of December 16, 1968; judgment
delivered by the Military Superior Court on March 17, 1998, and 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.
24
Cf. judgment delivered by the Tribunal Nacional on April 14, 1998; judgment delivered by the
Military Superior Court on March 17, 1998; judgment delivered by the Cúcuta Regional Court on May 28,
1997; 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, and report of the
Administrative Department of Security (DAS) of March 15, 1989.
25
Cf. Decree No. 0180 of January 27, 1988; Decree No. 0815 of April 19, 1989; Decree No. 1194 of
June 8, 1989, judgment delivered by the Military Superior Court on March 17, 1998, and report of the
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