CCPR/C/114/D/2134/2012
Movimiento de Renovación Nacional (National Renewal Movement), which was later
outlawed. From the mid-1980s onwards, the paramilitary groups grew in the region
and stepped up their criminal activities against the civilian population, turning the
Middle Magdalena region into the paramilitary hub of Colombia. The Inter -American
Court of Human Rights stated that “in the 1980s, it was well known that the goals of
many ‘self-defense groups’ changed and they became criminal groups, usually known
as ‘paramilitary groups’. They operated, above all, in the Magdalena Medio region and
gradually extended to other regions of the country.” 4
2.19 The authors indicate that, in the 1990s, there was a drive to create private armed
groups through the enactment of legislation such as Decree No. 356 of 1994, which
opened the way for private agents to be equipped with restricted-use firearms. In 1995,
the Office of the Superintendent of Private Security and Surveillance issued a decision
establishing special private security and surveillance services, known as Convivir
(Living Together) groups, through which paramilitary activities were developed and
expanded as a clear policy of the State. 5
2.20 The Working Group on Enforced or Involuntary Disappearances has identified
paramilitary groups as having been the main perpetrators of enforced disappearan ces
in Colombia since 1988, acting with the complicity or the passive acquiescence of the
security forces (E/CN.4/1989/18/Add.1, para. 126).
2.21 According to data from the Regional Office of the Attorney General in
Antioquia, between June 1995 and June 1996, 348 allegations of enforced
disappearance were made in the region. This prompted the People ’s Training Institute
in Antioquia to conclude that enforced disappearance is a repressive measure
commonly used in Antioquia by certain groups or members of the security forces and
parastatal bodies to cause anxiety among populations in areas particularly affected by
armed conflict and require the community to take sides, which obliges the civilian
population to become actively involved in the conflict. 6
2.22 The authors point out that there were numerous reports about Autodefensas
Campesinas del Magdalena Medio operating with the acquiescence of the Colombian
army (Infantry Battalion No. 42 of the Fourteenth Brigade) in the Middle Magdalena
region, specifically on the road from Medellín to Bogotá, along which the disappeared
relatives were travelling. According to the accounts of campesino farmers living in the
area, the army battalions present in the area supported Autodefensas Campesinas del
Magdalena Medio by providing it with weapons, training and cover. 7
The complaint
3.1 The authors claim that there has been a violation of article 2, paragraph 3, of the
Covenant, inasmuch as, despite the complaints lodged with the police and the public
__________________
4
5
6
7
6/20
captured Luis Antonio Meneses Báez, a former army officer who had helped create the paramilitary
organization based in Puerto Boyacá in the Middle Magdalena region, which operated under cover
of ACDEGAM and was responsible for widespread abuses against the civilian population, including
numerous killings and disappearances. In his sworn statement before the Directorate of Judicial and
Investigatory Police, Luis Antonio Meneses declared that the groups had been created on the orders
of army high command, were an integral part of the Government’s counter-insurgency strategy and
were controlled by the S-2 intelligence unit of the Bárbula Battalion and by ACDEGAM.
Inter-American Court of Human Rights, Case of the 19 Merchants v. Colombia, judgement of 5 July
2004, series C, No. 109, para. 84 (c).
Database of human rights and political violence, Research and Popular Education Centre (CINEP),
Deuda con la humanidad: Paramilitarismo de Estado en Colombia , 1988-2003, p. 258.
People’s Training Institute, ¿Hacia dónde va Colombia? Una mirada desde Antioquia, Medellín,
May 1997, pp. 132-135.
Report of the Colombia section of the Andean Commission of Jurists, Nordeste Antioqueño y
Magdalena Medio, Bogotá, 1993, p. 106.
GE.15-15601