41
84(h) On June 8, 1989, the State issued Decree 1194 “extending legislative decree
0180 of 1988, to punish new criminal activities, since this was required in order to
re-establish public order.”29 One of the preambular paragraphs of this norm stated
that “events that have been occurring in the country have demonstrated that there is
a new criminal activity consisting in horrendous acts being committed by armed
groups, mistakenly called “paramilitary groups,” formed into death squadrons, bands
of hired murderers, self-defense or private justice groups, whose existence and
activities gravely affect the social stability of the country, and which should be
suppressed in order to re-establish public order and peace.” This decree classified as
crimes the promotion, financing, organization, leadership, encouragement and
execution of acts “designed to train or provide access of individuals to the armed
groups, commonly known as death squadrons, bands of hired murderers or private
justice groups, erroneously called paramilitary groups.” It also classified as a crime,
having connections to or belonging to such groups, as well as instructing, training or
equipping “individuals in military tactics, techniques or procedures for carrying out
the criminal activities” of these armed groups.
It also stipulated that acts
“committed by active or retired members of the Military Forces or National Police or
State security agencies” would be considered as aggravating the said conduct. This
decree was subsequently converted into permanent legislation by Decree 2266
issued on October 4, 1991.30
85.
Regarding the disappearance and death of the 19 alleged victims
85(a) Álvaro Lobo Pacheco, Gerson Javier Rodríguez Quintero, Israel Pundor
Quintero, Ángel María Barrera Sánchez, Antonio Flórez Contreras, Víctor Manuel
Ayala Sánchez, Alirio Chaparro Murillo, Álvaro Camargo, Gilberto Ortíz Sarmiento,
Reinaldo Corzo Vargas, Luis Hernando Jáuregui Jaimes, Luis Domingo Sauza Suárez,
Juan Alberto Montero Fuentes, Rubén Emilio Pineda Bedoya, Carlos Arturo Riatiga
Carvajal, Juan Bautista, Alberto Gómez (whose second last name was possibly
Ramírez) and Huber Pérez (whose second last name was possibly Castaño) made a
living by carrying out commercial activities, such as the transport of merchandise or
persons, the purchase of merchandise on the border between Colombia and
Venezuela, and the sale of this in Bucaramanga, Medellín and other towns on the
connecting highway.31
85(b) The “leadership” of the “paramilitary” group that exercised firm control over
the municipality of Boyacá (supra para. 84(d)) had a meeting at which they decided
to kill the tradesmen and seize their merchandise and vehicles, because the
tradesmen did not pay the “taxes” that the said “paramilitary” group charged to
transit the region with merchandise and because they considered that the alleged
29
Cf. Decree 1194 of June 8, 1989 (helpful evidence presented by the State on May 26, 2004,
requested by the Court in an Order of April 22, 2004, tome II, folios 3570 to 3572).
30
Cf. Decree 2266 of October 4, 1991 (helpful evidence presented by the State on May 26, 2004,
requested by the Court in an Order of April 22, 2004, tome II, folios 3573 to 3581).
31
Cf. judgment delivered by the Criminal Court of the San Gil Specialized Circuit on March 23, 2001
(evidence file presented by the State on April 18, 2002, requested on the instructions of the President of
the Court - paragraph 68 of the application - tome I, attachment 3, folio 1083); and copy of the file before
the Cúcuta Regional Court in case No. 1728 against Alonso de Jesús Baquero Agudelo for the crimes of
extortive kidnapping and aggravated homicide to the detriment of “Alvaro Pacheco and 18 other
tradesmen”, “Regional Prosecutor’s File 087” (U.N.D.H.) (helpful evidence presented by the State on May
26, 2004, requested on the instructions of the President of the Court - paragraph 68 of the application).