46
“individuals may never be allowed the possibility of substituting for law enforcement
personnel.”46
125(11) On October 22, 1997, the Superintendence of Private Security and
Surveillance issued Resolution 7164, revoking its previous Resolution 368 (supra
para. 125(9)), considering that the Superintendence of Private Security and
Surveillance did not have powers to assign a name to the private security and
surveillance services; nevertheless, it maintained the objective of controlling and
monitoring these entities.47
125(12) On November 7, 1997, having examined the provisions of Decree 356 of
1994, the Colombian Constitutional Court found, first, that although the State may
delegate to individuals the provision of public security and surveillance services, the
so-called “special private security and surveillance services” could not use arms of
restricted use; second, that the control of the Superintendence of Private Security
and Surveillance should be obligatory and not optional and, third, that they could not
use “techniques and procedures that differed from those established for other private
security and surveillance services.”48
125(13) On December 16, 1997, the State issues Decree No. 2974, whose purpose
was to establish parameters and criteria for implementation of the activities of
special services and community services of private security and surveillance, which
would allow the Superintendence of Private Security and Surveillance to exercise
effective and timely control over them.49
125(14) On December 26, 1997, the State promulgated Act 418 “embodying various
instruments seeking peaceful coexistence and effective justice, and ordering other
provisions.” This law was extended by Act 548 of December 23, 1999, and Act 782 of
December 23, 2002.50
125(15) On February 25, 2000, Decree No. 324 was issued “establishing the center
for coordinating the fight against the illegal self-defense groups and other illegal
groups.”51
46
Cf. judgment C- 296 delivered by the Colombian Constitutional Court on July 6, 1995 (file of
observations on the affidavits, folio 5369).
47
Cf. Resolution 7164 issued by the Superintendence of Private Security and Surveillance on
October 22, 1997 (file of attachments to the expert evidence given by Hernán Sanín Posada, folio 5232).
48
Cf. judgment C-572 issued by the Colombian Constitutional Court on November 7, 1997 (file of
observations on the affidavits, folio 5373).
49
Cf. Decree 2974 issued on December 16, 1997, “regulating special services and community
services of private security and surveillance” (file of attachments to the expert evidence given by Hernán
Sanín Posada, folio 5224).
50
Cf. Act 418 issued on December 26, 1997, “embodying various instruments seeking peaceful
coexistence and effective justice, and ordering other provisions”; Act 548 of December 23, 1999
“extending the duration of Act 418 of December 26, 1997, and ordering other provisions”; and Act 782 of
December 23, 2002 “extending the duration of Act 418 of 1997, extended and modified by Act 548 of
1999 and modifying some of its provisions.”
51
Cf. Decree 324 issued on February 25, 2000, “establishing the center for coordinating the fight
against the illegal self-defense groups and other illegal groups.”
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