40
96.11 Decree 324 was issued on February 25, 2000, “Establishing the Coordination
Center for the struggle against the illegal self-defense groups and other groups that
operate outside the Law.”28
96.12 In August 2002 certain leaders of the Autodefensas Unidas of Colombia
(hereinafter “the AUC”) publicly announced their intention to negotiate the terms for
demobilization of their forces.29
96.13 On January 22, 2003 the State issued Decree 128, “which regulates Law 418
of 1997, extended and modified by Law 548 of 1999 and Law 782 of 2002 as regards
reinsertion into civil society,” establishing “socioeconomic benefits” as well as other
benefits for the “armed organizations outside the Law” that submitted to the
demobilization program. Article 13 of the Decree provides that
[…] demobilized individuals who were part of the armed organizations outside the Law,
with regard to which the Comité Operativo para la Dejación de las Armas –CODA– issues
a certification […] will have the right to pardon, conditional stay of execution of the
sentence, discontinuance of the proceeding, preclusion of the preliminary proceedings or
the restraining orders, according to the state of the proceeding.
Article 21 of said Decree, in turn, excludes from enjoyment of these benefits
[…] those who are being tried or have been convicted for crimes that according to the
Political Constitution, the Law or the international treaties signed and ratified by
Colombia cannot receive this kind of benefits.30
96.14 On November 24, 2003 the State issued Decree 3360 “that regulates Law 418
of 1997, extended and modified by Law 548 of 1999 and by Law 782 of 2002”.
According to one of its Whereas, “it is necessary to set specific procedural conditions
to facilitate collective demobilization of organized armed groups operating outside
the Law, in the framework of agreements with the National Government.”31
96.15
On August 31, 2004 the State issued Decree 2767 “that regulates Law
418 of 1997, extended and modified by Law 548 of 1999 and Law 782 of 2002 as
regards reinsertion into civil life.” According to one of its Whereas, “it is necessary to
precisely and clearly set conditions that will enable the establishment of spheres of
competence, allocation of functions, and development of procedures for access to the
benefits mentioned in the Law [418 of 1997, extended and modified by Law 548 of
1999 and Law 782 of 2002], once the process of voluntary demobilization has
28
See Decree 324 issued on February 25, 2000 “that creates the Center for coordination of the
struggle against the illegal self-defense groups and other groups outside the Law.”
29
See the February 17, 2004 Report by the United Nations High Commissioner for Human Rights on
the human rights situation in Colombia, E/CN.4/2004/13, para. 13; High Commissioner for Peace in
Colombia,
Dialogue
and
Negotiation,
Self-Defense
Groups,
at
http://www.altocomisionadoparalapaz.gov.co/g_autodefensa/dialogos.htm, and the December 13, 2004
Report by the Inter-American Commission on Human Rights on the Process of Demobilization in Colombia,
OAS /Ser.L/V/II.120 Doc. 60, para. 75.
30
See Decree 128 issued on January 22, 2003, “which regulates Law 418 of 1997, extended and
modified by Law 548 of 1999 and Law 782 of 2002 as regards reinsertion into civil society” (file with
appendixes to the brief containing pleadings and motions, appendix 43, page 3832), and expert opinion of
Federico Andreu rendered before the Inter-American Court during the public hearing held on March 7,
2005.
31
See Decree 3360 issued on November 24, 2003 “which regulates Law 418 of 1997, extended and
modified by Law 548 of 1999 and by Law 782 of 2002”.
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