40
the region not only helped this “self-defense group” defend itself from the guerrilla,
but also supported their adoption of offensive activities.23
84(e) The provisions of legislative decree No. 3398, cited above (supra para. 84(a))
were in force in October 1987, when the facts of this case took place. At that time,
the entire territory of Colombia was under a declared state of emergency.24
84(f) On January 27, 1988, Colombia issued legislative decree 0180 “which
complemented several norms of the Penal Code and established other provisions
designed to re-establish public order.” This decree classified as a crime, inter alia,
being a member of, promoting or leading groups of hired murderers, and also the
manufacture or trafficking in arms and ammunition for the exclusive use of the
Armed Forces of the National Police.25 This decree was subsequently converted into
permanent legislation by Decree 2266 of 1991.26
84(g) On April 19, 1989, Decree 0815 was issued suspending application of
paragraph 3 of article 33 of legislative decree 3398 of 1965 (supra para. 84(a)),
which empowered the Ministry of National Defense to authorize individuals to carry
arms for the exclusive use of the Armed Forces. The preambular paragraphs of
Decree 0815 indicate that “the interpretation of [legislative decree 3398 of 1965,
adopted as permanent legislation by Act 48 of 1968, made] by some sectors of
public opinion has caused confusion regarding its scope and purpose, in the sense
that it could be considered as legal authorization to organize armed groups of
civilians that then operate outside the Constitution and the law.”27 Subsequently, in a
judgment of May 25, 1989, the Supreme Court of Justice declared “unenforceable”
the said paragraph 3 of article 33 of legislative decree 3398 of 1965.28
23
Cf. judgment delivered by the Superior Military Court on March 17, 1998 (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 II, attachment 9, folios 1496 to 1498); judgment delivered by the Criminal
Chamber of the Superior Court of the San Gil Judicial District on October 19, 2001; judgment delivered by
the Criminal Court of the San Gil Specialized Circuit on March 23, 2001; judgment delivered by the Cúcuta
Regional Court on May 28, 1997, file No. 1723 (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,
attachments 2, 3 and 4, folios 1045, 1112, 1113, 1114 and 1223); report of the United Nations Special
Rapporteur on summary or arbitrary executions on a visit to Colombia from October 11 to 20, 1989,
E/CN.4/1990/22/Add.1 of January 24, 1990 (file of attachments to the application, tome II, attachment
B9, folio 968); and report of the Administrative Department of Security (DAS) of May 10, 1988 entitled
“Organización de sicarios que opera en el Magdalena Medio” [Organization of hired murderers who operate
in the Magdalena Medio] (file of attachments to the application, tome I, attachment B2, folios 593 and
594).
24
Cf. Decree 0180 of January 27, 1988 (helpful evidence presented by the State on May 26, 2004,
requested by the Court in an Order of April 22, 2004, tome II, folios 3557 to 3569).
25
Cf. Decree 0180 of January 27, 1988 (helpful evidence presented by the State on May 26, 2004,
requested by the Court in an Order of April 22, 2004, tome II, folios 3557 to 3566).
26
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).
27
Cf. Decree 0815 of April 19, 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 3567 to 3569).
28
Cf. judgment delivered by the Supreme Court of Justice on May 25, 1989 (file of attachments to
the brief with final arguments presented by the Inter-American Commission on June 1, 2004, attachment
6, folios 3943 to 3950).