45
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, 1991.41
125(6) On December 14, 1990, the State issued Decree No. 3030/90 “establishing
the requirements for a reduction in sentence as a result of the confession of crimes
committed before September 5, 1990.”42
125(7) On December 17, 1993, Decree No. 2535 was issued “establishing norms
and requirements for the ownership and carrying of weapons, ammunition and
explosives and their accessories [and] indicating the regime for private security and
surveillance services.” Its article 9 establishes that “weapons of restricted use are
weapons of war or for the exclusive use of law enforcement personnel, which,
exceptionally, may be authorized for special personal defense based on the
discretionary powers of the competent authority.”43
125(8) On February 11, 1994, the State issued Decree No. 356/94, the purpose of
which was “to establish the statute for the provision of private surveillance and
security services by private individuals.” Its article 39 considered that a private
security and surveillance service was “special” when it had to use “weapons of
restricted use” and “techniques and procedures that differed from those established
for other private security and surveillance services.” In addition, it established that
control by the Superintendence of Private Security and Surveillance was optional and
the responsibility of the entity protected.44
125(9) On April 27, 1995, the Superintendence of Private Security and Surveillance
issued Resolution 368 establishing technical and legal criteria and procedures for the
implementation of the special private security and surveillance services referred to in
article 39 of Decree 356, calling these entities: “Convivir.”45
125(10) On July 6, 1995, the Colombian Constitutional Court declared, inter alia,
“unenforceable” the expression “of war or for the exclusive use of law enforcement
personnel,” contained in article 9 of Decree 2535 of 1993 (supra para. 125(7)),
finding that this provisions violated article 216 of the Constitution, because
41
Cf. Decree 1194 of June 8, 1989, “establishing new criminal categories concerning the activities
of the armed groups, commonly known as death squads, bands of hired killers or private justice groups”;
Decree 2266 of October 4, 1991, “adopting as permanent legislation some provisions issued in exercise of
the faculties of the stage of siege.”
42
Cf. Decree 3030/90 of December 14, 1990, “establishing the requirements for a reduction in
sentence as a result of the confession of crimes committed before September 5, 1990.”
43
Cf. Decree 2535 issued on December 17, 1993, “establishing norms on weapons, ammunition
and explosives” (file of attachments to the requests and arguments brief, tome 3, Appendix H7, folio 3571
bis).
44
Cf. Decree 356/94 issued on February 11, 1994, “establishing the Private Security and
Surveillance Statute” (file of attachments to the requests and arguments brief, tome 3, Appendix H8, folio
3597).
45
Cf. Resolution 368 issued by the Superintendence of Private Security and Surveillance on April
17, 1995, “establishing technical and legal criteria and indicating procedures for the implementation of the
special private security and surveillance services referred to in article 39 of Decree 356 of 1994” (file of
attachments to the expert evidence given by Hernán Sanín Posada, folio 5230).
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