44
and 33 of this Legislative Decree provided a legal basis for the creation
defense groups.”36 The main purpose of these groups was to assist
enforcement bodies in anti-subversive operations and to defend themselves
guerrilla groups. The State gave them permits to carry and own weapons,
logistic support.37
of “selfthe law
from the
and also
125(2) 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.38
125(3 ) On January 27, 1988, Colombia issued Legislative Decree No. 0180. This
decree defined as a crime, inter alia, the membership, promotion and leadership 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. The
decree was later converted into permanent legislation by Decree No. 2266 of 1991.39
125(4) On April 19, 1989, Decree No. 0815 was issued, suspending the effects of
Article 33(3) of Legislative Decree No. 3398, which empowered the Ministry of
National Defense to authorize private individuals to carry weapons for the exclusive
use of the Armed Forces (supra para. 125(1)). 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 1965.40
125(5) 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.” This decree defined as a crime, inter alia, the
membership, instruction, training, promotion, financing, organization, leadership,
and encouragement of “armed groups commonly known as death squads, bands of
hired killers or private justice groups, improperly called paramilitary groups.” In
addition, it stipulated that it was an aggravating circumstance of these conducts, if
36
Cf. Legislative Decree 3398 of December 24, 1965; Act 48 of December 16, 1968; judgment
delivered by the Superior Military Tribunal 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.
37
Cf. judgment delivered by the Tribunal Nacional on April 14, 1998; judgment delivered by the
Superior Military Tribunal on March 17, 1998; judgment delivered by Cúcuta Regional Court on May 28,
1997; 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.
38
Cf. Decree 0180 of January 27, 1988, “complementing some norms of the Penal Code and issuing
other provisions leading to the re-establishment of public order”; Decree 0815 of April 19, 1989; Decree
1194 of June 8, 1989, “establishing new criminal categories concerning the armed groups commonly
known as death squads, bands of hired killers or private justice groups”; judgment delivered by the
Superior Military Tribunal 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.
39
Cf. Decree 0180 of January 27, 1988, “complementing some norms of the Penal Code and issuing
other provisions leading to the re-establishment of public order”; and Decree 2266 of October 4, 1991.
40
Cf. Decree 0815 of April 19, 1989; and judgment delivered by the Supreme Court of Justice on
May 25, 1989.
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