41 social origin. Additionally, the suspension of the rights and guarantees set forth under subparagraph 2 of Article 27 of the American Convention on Human Rights shall not be 143 ordered. 157. Colombia’s Constitutional Court reviewed Decree 1837, and found that the state of emergency was constitutional and explained its reasoning.144 In Judgment C-802-02 the Constitutional Court found that the state of emergency is enforceable as the President is exercising “his discretionary authority within the boundaries established by the Constitution”; it also held that there was no manifest error “in the assessment of the severity of the upheaval and its implications for the democratic system of government in Colombia.”145 The Court, however, wrote that the President’s “authority is neither unlimited nor arbitrary,” as the President must observe “the criteria established in the Constitution, the international human rights treaties to which Colombia is party and the Statute on States of Emergency.”146 158. The State extended the state of emergency for the first time on November 8, 2002, 147 and then again on February 5, 2003.148 It notified the OAS Secretary General of the first extension in a note dated November 12, 2002;149 the second was reported on February 12, 2003.150 159. Under the state of emergency and in furtherance of the provisions of Decree 1837, the State also adopted Decree 2002 of September 11, 2002, in which “measures are adopted aimed at controlling public law and order and the areas targeted for rehabilitation and consolidation are defined.”151 In Judgment C-024-02, the Constitutional Court held that some provisions of this decree were enforceable, including those that authorized the police and members of the Army to make arrests, conduct searches and stop persons, without a court order. 143 Annex 50. Colombian State’s Note. DM OJ 29607, August 12, 2002. In its note, the State submits as an annex Decree Number 1837 of 2002. 144 Constitutional Court http://www.corteconstitucional.gov.co/ of Colombia, Judgment 145 Constitutional Court of Colombia, Judgment C 802-02. 146 Constitutional Court of Colombia, Judgment C 802-02. C 802-02, available [in Spanish] at: 147 IACHR, Annual Report 2002, Chapter IV: Colombia, Section VI: The Declaration of the State of Emergency, OEA/Ser.L/V/II.117, Doc. 1 rev. 1, March 7, 2003, paragraph 64; Annex 40. Office of the President of the Republic of Colombia, Decree No. 2555 of 2002, November 8, 2002; Annex 41. Office of the President of the Republic of Colombia, Decree 245 of 2003, February 5, 2003. 148 IACHR, Annual Report 2002, Chapter IV: Colombia. Section VI. The Declaration of the State of Emergency, OEA/Ser.L/V/II.117, Doc. 1 rev. 1, March 7, 2003, paragraph 64. 149 Annex 51. Colombian State’s note to the OAS Secretary General, dated November 12, 2002. With its note, the State attaches Decree No. 2555 of 2002. 150 Annex 52. Colombian State’s note to the OAS Secretary General, dated February 12, 2003. The State attaches Decree No. 245 of 2003 as an appendix to its note. 151 Annex 53. Ministry of the Interior, Decree 2002 of 2002, dated September 9, 2002. The Decree also provides that “some area in the country have been particularly hard hit by the activities of criminal organizations; those areas have to be set apart as areas targeted for rehabilitation and consolidation, to ensure that specific measures are taken there to root out the causes of the disruption to public order and prevent their effects from spreading elsewhere.”

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