-45-
95(17) On February 11, 1994, the State issued Decree No. 356/94 “with the
Surveillance and Private Security Statute.”41
95(18) On December 26, 1997, the State issued 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, 2002.42 The State issued regulations to this law on several occasions:
on January 22, 2003, by Decree No. 128,43 on November 24, 2003, by Decree No.
3360,44 and on August 31, 2004, by Decree No. 2767.45
95(19) 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.”46
95(20) On June 22, 2005, the Congress of the Republic of Colombia adopted Act
No. 975, called the “Justice and Peace Act,” “with provisions for the reincorporation
of members of illegal organized armed groups, who make an effective contribution to
authority.” Cf. Decree No. 2535 issued on December 17, 1993, “issuing norms on weapons, ammunition
and explosives.”
41
Article 1 states that the purpose of this decree “is to establish the rules for individuals to provide
surveillance and private security services.” Article 39 provides for supplying “weapons of restricted” and
activities “with techniques and procedures distinct from those established for other surveillance and
private security services”. Cf. Decree No. 356/94 issued on February 11, 1994, “issuing the Surveillance
and Private Security Statute.”
42
Cf. Act 418 issued on December 26, 1997, “embodying some instruments for seeking coexistence
and effective justice, and ordering other provisions”; Act 548 of December 23, 1999, “extending the
validity of Act 418 of December 26, 1997, and issuing other provisions,” and Act 782 of December 23,
2002, “extending validity of Act 418 of 1997, extended and modified by Act 548 of 1999 and modifying
some of its provisions.”
43
This decree established legal and socio-economic benefits” as well as other types of benefits for
the “illegal armed organizations” that accepted the demobilization program. Article 13 of the decree
establishes that “members of illegal armed organizations who demobilize, and regarding whom the
Operational Committee on the Laying Down of Arms (CODA) has issued a certification, shall have a right
to pardon, conditional suspension of the execution of sentence, cessation of the proceedings, preclusion of
the investigation, or writ of prohibition, according to the status of the proceedings.” Article 21 of this
decree excludes from the enjoyment of these benefits “those who are being prosecuted or have been
convicted of crimes that, according to the Constitution, the law or the international treaties signed and
ratified by Colombia may not receive this type of benefit.” Cf. Decree No. 128 issued on January 22, 2003,
“regulating Act 418 of 1997, extended and modified by Act 548 of 1999, and Act 782 of 2002 on
reincorporation into civil society.”
44
According to one of the preambular paragraphs, “special procedures shall be established to
facilitate the collective demobilization of illegal organized armed groups within the framework of
agreements with the national Government.” Cf. Decree No. 3360 issued on November 24, 2003,
“regulating Act 418 of 1997, extended and modified by Act 548 of 1999 and Act 782 of 2002.”
45
According to one of the preambular paragraphs, “conditions shall be established that precisely and
clearly delineate spheres of competence, assign functions and develop the procedures for acceding to the
benefits referred to in Act [418 of 1997, extended and modified by Act 548 of 1999 and Act 782 of 2002],
once the process of voluntary demobilization has started.” Cf. Decree No. 2767 issued on August 31,
2004, “regulating Act 418 of 1997, extended and modified by Act 548 of 1999, and Act 782 of 2002
concerning reincorporation into civilian life.”
46
Cf. Decree No. 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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