ACT 148 OF 1994

(July 13)

Official Journal No. 41,444., July 15, 1994

By means of which the " Treaty on the Transfer of Persons

Condemned between the Republic of Colombia and the Kingdom of Spain, signed in

Madrid on April 28, 1993.

THE CONGRESS OF COLOMBIA,

DECRETA:

Having regard to the text of the "Treaty on the Transfer of Condemned Persons between the Republic of Colombia and the Kingdom of Spain", signed in Madrid on 28 April 1993.

TREATY ON MOVING PEOPLE CONVICTED

BETWEEN THE REPUBLIC OF COLOMBIA AND THE KINGDOM OF SPAIN

The Republic of Colombia and the Kingdom of Spain,

Eager to establish mechanisms to strengthen international judicial cooperation;

Whereas reinsertion is one of the purposes of execution of convictions;

Acknowledging that assistance between the Parties for the execution of damning criminal sentences is an important aspect of bilateral cooperation policy;

Encouraged by the common goal of ensuring the protection of the human rights of those convicted by always ensuring respect for their dignity;

Consequently, guided by the principles of friendship and cooperation that prevail in their relations, they have agreed to conclude this Treaty, for which the transfers of persons convicted in one of the two States Parties are regulated, when they are Spanish or Colombian nationals.

ARTICLE 1o. DEFINITIONS. For the purposes of this Treaty it is understood that:

1o. "Moving State", is the one who has imposed the sentence of conviction and of which the sentenced person will have to be transferred.

2o. "Receiving State" is the one that will continue the execution of the sentence and to which the sentenced person must be transferred.

3o. "Sentenced Person" is the person who has been convicted by the Court or the Court of the Traslading State through a final sentence and is in prison, and may be under the regime of conditional conviction, high school or any other another form of freedom subject to surveillance.

ARTICLE 2o. APPLICATION BOTH.

1o. Penalties imposed in one of the Member States, at the other's nationals, may be carried out in penitentiary establishments of the other Member State in accordance with the provisions of this Treaty.

2o. The quality of the national will be demonstrated at the time of the transfer request.

3o. States Parties to this Treaty require the widest possible collaboration on the transfer of convicted persons to each other.

ARTICLE 3o. JURISDICTION.

1o. The Parties designate as Central Authorities responsible for exercising the functions provided for in this Treaty, the Ministry of Justice by the Republic of Colombia and the General Secretariat of the Ministry of Justice of the Ministry of Justice. of Spain.

2o. The sentenced person will continue to comply in the State of the Receiver, the penalty or security measure imposed in the State of the Transformer and in accordance with the laws and procedures of the State Receiver, without the need of exequatur.

3o. The State of Transfer or the receiving State with the consent of the transfer, may grant amnesty, pardon, commutation of the penalty or measure of security or take any decision or legal measure involving a reduction or cancellation total of the penalty or safety measure. The requests of the recipient state will be well founded and examined in a benevolent manner by the State of the Trasladante.

Only the Moving State can know the review resource or action.

ARTICLE 4. CONDITIONS OF APPLICABILITY. This Treaty shall apply only under the following conditions:

1o. That the person sentenced is a national of the recipient state.

2o. The person sentenced to request his/her transfer or if such request comes from the State of the Transladante or the State of the Receiver, the person sentenced to express his/her consent expressly and in writing.

3o. That the crime of conviction is not political.

4o. The decision to repatriate should be taken on a case-by-case basis.

5o. That the transferring States and the Receiver commit themselves to communicate to the person the legal consequences of their transfer.

6o. May the sentence be firm and no other pending proceedings exist in the Trasladante State.

7. That the acts or omissions that have resulted in the conviction constitute a crime according to the rules of the Receiver State.

ARTICLE 5o. OBLIGATION TO PROVIDE INFORMATION.

1o. Any person sentenced to whom this Treaty may apply shall be informed by the State of condemnation of the terms of this Convention and of the legal consequences arising from the transfer.

2o. If the sentenced person has expressed his wish to be transferred to the State in accordance with this Treaty, that State shall inform the receiving State as soon as possible after the judgment is final.

3o. The information shall include:

(a) The name, date and place of birth of the sentenced person;

b) Where appropriate, the address in the Receiver State;

c) An exposure of the facts that originated the conviction;

d) The nature, duration and date of commencement of the conviction.

4o. If the sentenced person has expressed the wish of the recipient State to be transferred pursuant to this Treaty, the transferring State shall inform that State, at its request, of the information referred to in paragraph 3. (i)

5o. Written information shall be given to the sentenced person of any management undertaken by the State of the Recipient or the State in which the preceding paragraphs are applied, as well as any decision taken by one of the two States in respect of a move request.

ARTICLE 6o. REQUESTS AND RESPONSES.

1o. The move requests and responses will be made in writing.

2o. Such claims shall be addressed by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State. The replies shall be communicated in the same way.

3o. The requested State shall inform the requesting State, as soon as possible, of its decision to accept or deny the requested shipment.

ARTICLE 7o. SUPPORTING DOCUMENTATION.

1o. The receiving State shall, at the request of the Trasladante State, provide the latter:

(a) A document or a statement indicating that the sentenced person is a national of that State;

(b) A copy of the legal provisions of the recipient State of which the acts or omissions which have resulted in the conviction in the State of the transfer constitute a criminal offence under the right of the recipient State or the would constitute if it were committed on its territory.

2o. If a shipment is requested, the transferring State shall provide the recipient State with the documents which are then expressed, unless one or the other of the two States has indicated that it does not agree with the shipment:

a) A certified copy of the judgment and the legal provisions applied;

(b) The indication of the duration of the sentence already served, including information concerning any preventive detention, remission of penalty or other circumstance relating to compliance with the sentence;

c) A statement that includes consent for the shipment; and

(d) Where applicable, any medical or social report about the sentenced person, any information about his treatment in the State of transfer and any recommendations for the continuation of his treatment in the receiving State.

3o. The State of Transfer and the Receiving State may, one and the other, request that any of the documents or statements referred to in paragraphs 1 and 2 above before requesting a transfer or taking the decision to accept or take the decision to accept or deny the move.

ARTICLE 8o. ECONOMIC LOADS.

The delivery of the prisoner by the authorities of the State to the State of the Receiver shall be carried out at the place where the Parties agree. The receiving State shall bear the costs of the shipment from the time the sentenced person is in custody.

ARTICLE 9o. INTERPRETING.

None of the provisions contained in this Treaty can be interpreted in the sense that the person is assigned a right to the transfer.

ARTICLE 10. BASES FOR THE DECISION.

1o. The decisions of each State, accepting or rejecting a transfer in application of this Treaty shall be sovereign.

2o. In taking their decisions, each State shall take into account, among other criteria, the seriousness of the offences, their characteristics and, in particular, whether they have been committed with the help of a criminal organisation, the possibilities for reintegration, age and health. of the condemned man, his family situation, his willingness to collaborate with the justice and the satisfaction of the pecuniary responsibilities with respect to the victims.

3o. Notification to the other State of the refusals will not need to expose the cause.

ARTICLE 11. VALIDITY AND TERMINATION.

1o. This Treaty shall be subject to ratification and shall enter into force within 60 days of the exchange of the instruments of ratification.

2o. Any State Party may denounce this Treaty by written notification to the other State. The complaint shall enter into force six months after the date of notification. Applications which have been submitted to the date of denunciation of this Treaty shall continue to be processed in a normal way without prejudice to that complaint.

Signed in Madrid, at twenty-eight days of the month

of April 1993, in two copies in Spanish language,

both texts being equally valid and authentic.

By the Republic of Colombia,

The Ambassador of Colombia,

ERNESTO SAMPER PIZANO.

By the Kingdom of Spain,

The Minister of Justice,

QUADRA-SALCEDO TOMES.

Executive Branch of Public Power

Presidency of the Republic

Santafe de Bogota, D.C.

Approved, subject to Honorable consideration

National Congress for Constitutional Effects.

(Fdo.) CESAR GAVIRIA TRUJILLO

The Deputy Foreign Minister

Responsible for the Functions of the

espacho of the Minister,

(Fdo.) WILMA ZAFRA TURBAY.

DECRETA:

ARTICLE 1o. Approve the "Treaty on the Transfer of Sentenced Persons between the Republic of Colombia and the Kingdom of Spain", signed in Madrid on April 28, 1993.

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the 'Treaty on the Transfer of Persons Condemned between the Republic of Colombia and the Kingdom of Spain', signed in Madrid on 28 April 1993, as provided for in Article 1. of this Law is approved, will force the country from the date on which the international link with respect to it is perfected.

ARTICLE 3o. This Law governs from the date of its publication.

The President of the Honorable Senate of the Republic,

JORGE RAMON ELIAS NADER.

The Secretary General of the Honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the Honorable House of Representatives,

JOSE JATTIN SAFAR.

The Secretary General of the Honorable House of Representatives,

DIEGO VIVAS TAFUR.

REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT.

Contact, publish, and execute.

Prior to your review by the Court

Constitutional, in accordance with the provisions

in article 241-10 of the Political Constitution.

Dada en Santafe de Bogota, D.C., on 13 July 1994.

CESAR GAVIRIA TRUJILLO

The Foreign Minister,

NOEMI SANIN DE RUBIO.

The Minister of Justice and Law,

ANDRÉS GONZÁLEZ DÍAZ.

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