43
United Nations High Commissioner on Human Rights on the situation of human rights
in Colombia of 1998, 2000, 2001, 2002, 2003, 2004 and 2005; the Economic and
Social Council, Report of the Special Rapporteur on adequate housing as a
component of the right to an adequate standard of living, E/CN.4/2005/48, 3 March
2005; Final observations of the Committee on the Rights of the Child: Colombia,
16/10/2000, CRC/C/15/Add.137, twenty-fifty session, Committee on the Rights of
the Child; Report of the Special Representative of the Secretary General for Children
and Armed Conflict. The United Nations General Assembly document A/54/430 of 1
October 1999; Report of the Inter-American Commission on Human Rights on the
Demobilization
Process
in
Colombia
issued
on
December
13,
2004,
OEA/Ser.L/V/II.120 Doc. 60; Displaced Persons’ Register, accumulated number of
persons displaced up until August 31, 2005; Alto Comisionado para la Paz en
Colombia, Diálogos y Negociación, Grupos de Autodefensa; Informe Anual de
Derechos Humanos y Derecho Internacional Humanitario 2002 [High Commissioner
for Peace in Colombia, Dialogue and Negotiation, Self-Defense Groups: Annual
Report on Human Rights and International Humanitarian Law, 2002] and Avances
Período Presidencial 2003 [Progress during the Presidential Mandate, 2003], issued
by the Ministry of National Defense of the Republic of Colombia; and expert opinion
of Federico Andreu given before the Inter-American Court during the public hearing
in the “Mapiripán Massacre” case on March 7, 2005.
Assessment of the testimonial and expert evidence
124. Regarding the statements made by the witnesses proposed by the
Commission, the representatives and the State, and the expert witnesses proposed
by the Commission and the State (supra para. 111), the Court admits them to the
extent they are in keeping with the purpose established by the President in the order
of July 28, 2005 (supra para. 23), and gives them probative value, bearing in mind
the observations made by the parties. This Court considers that the testimony of the
persons who were convened to the public hearing in this case (supra paras. 42) must
be assessed together with all the evidence in the case and not in isolation since they
are alleged victims and have a direct interest in the case.
VIII
PROVEN FACTS
125. Based on the State’s acknowledgement of responsibility (supra paras. 19, 59,
63 and 64) and in accordance with the body of evidence in this case, the Court finds
that the following facts have been proved:35
The internal armed conflict in Colombia and the illegal armed groups, known
as “paramilitary groups”
125(1) Beginning in the 1960s, different guerrilla groups emerged in Colombia and,
owing to their activities, the State declared “that public order had been disrupted and
national territory was in a state of siege.” In view of this situation, on December 24,
1965, the State issued Legislative Decree No. 3398, which was of a transitory
nature, but was adopted as permanent legislation by Act No. 48 of 1968. Articles 25
35
Paragraphs 125(1) to 125(103) of this judgment contain uncontested facts, which the Court
considers have been established based on the State’s acknowledgement of responsibility.
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