-43groups that act outside the Constitution and the law.” Subsequently, in a judgment of May 25, 1989, the Supreme Court of Justice declared “unenforceable” the said Article 33(3) of Legislative Decree No. 3398 of 1965.32 95(10) Decree No. 0814 of April 19, 1989, established the creation of the “Special Armed Corps against death squads, bands of hired killers, or self-defense or private justice groups, erroneously known as paramilitary groups,”33 considering: […] That the declaration of the state of siege was due, among other reasons, to the actions of armed groups who are disturbing the public peace and attempting to destabilize legally established institutions; That, among the armed groups that are jeopardizing public order, there are different criminal categories, including death squads, bands of hired killers, or self-defense or private justice groups, erroneously known as paramilitary groups, whose actions have increased owing to their well-known dependence on or connection with drug-traffickers, which gravely affects the safety of the civilian population and creates an environment of uncertainty and fear; That the alteration of public order caused by these criminal groups is so vast that, in order to restore it, it is necessary to resort to procedures and entities that allow efforts to be combined to eliminate the actions that are disturbing national peace; That it is therefore essential to create a Special Armed Corps to combat these groups.34 95(11) On April 19, 1989 the State issued Decree No. 0815 “suspending some provisions that are incompatible with the state of siege.” This decree established, inter alia: Article 1. [...] to adopt as permanent legislation paragraph 1 of Act 48 of 1968, which states as follows: “Article 33(3). The Ministry of National Defense, through the authorized military commands, may seize, when it deems appropriate, arms considered to be for the exclusive use of the Armed Forces. Article 2. While public order continues to be disrupted and there is a state of siege on national territory, the use referred to in Article 25 of Legislative Decree 3398 of 1965 [(supra para. 95(1)], shall only be admissible by a decree of the President of the Republic, endorsed and communicated by the Ministers of Governance and National Defense. This purpose of this use may only be the collaboration of the civilian population in noncombat activities and, at no time, shall entail providing them with weapons that are for the exclusive use of the Armed Forces, or authorization to carry or use them […]35 32 Cf. Decree No. 0815 of April 19, 1989, and judgment delivered by the Supreme Court of Justice on May 25, 1989. 33 Cf. Decree No. 0814 of April 19, 1989, “creating the Special Armed Unit against death squads, bands of hired killers, or self-defense or private justice groups, wrongly-called paramilitary groups” (file of attachments to the requests and arguments brief, tome I, attachment 2(9), folio 907). 34 Cf. Decree No. 0814 of April 19, 1989, “creating the Special Armed Unit against death squads, bands of hired killers, or self-defense or private justice groups, wrongly-called paramilitary groups” (file of attachments to the requests and arguments brief, tome I, attachment 2(9), folio 907). 35 Cf. Decree No. 0815 of April 19, 1989, “suspending some provisions that are incompatible with the state of siege” (file of attachments to the requests and arguments brief, tome I, attachment 2(10), folio 909).

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