Act 148 of 1994
Official Gazette No. 41,444., July 15, 1994
Through which approved the "Treaty on the Transfer of Sentenced Persons
between the Republic of Colombia and the Kingdom of Spain"
signed in Madrid on 28 April 1993. Summary
CONGRESS OF COLOMBIA DECREES
having regard to the text of the "Treaty on the Transfer of Sentenced Persons between the Republic of Colombia and the Kingdom of Spain", signed in Madrid on 28 April 1993. | || TREATY
TRANSFER oF SENTENCED PERSONS BETWEEN tHE REPUBLIC oF COLOMBIA aND tHE KINGDOM oF SPAIN
the Republic of Colombia and the Kingdom of Spain,
Desiring to establish mechanisms to strengthen international judicial cooperation;
Whereas reintegration is one of the purposes of the enforcement of sentences;
Recognizing that assistance between the Parties for the execution of criminal sentences is important aspect of bilateral cooperation policy;
Encouraged by the common goal of ensuring the protection of human rights of those facing always ensuring respect for their dignity;
Consequently, guided by the principles of friendship and cooperation that prevail in their relations, have agreed to conclude the present Treaty, by which the transfer of those convicted in one of the two States Parties regulate, where they are nationals Spanish or Colombian.
ARTICLE 1o. DEFINITIONS. For purposes of this Treaty means that:
1o. "Sending State" is one who has imposed the sentence and from which the sentenced person must be moved.
2o. "Receiving State" is one that will continue the execution of the judgment and which must be transferred sentenced person.
3o. "Person Sentenced" is the person who has been convicted by Court or Court of the sending State by a final judgment and that is in prison, may be under the regime of probation, parole or any other form of freedom subject to surveillance.
. AREA OF APPLICATION.
1o. Sentences imposed in one of the States, nationals of the other, may be implemented in prisons latter, in accordance with the provisions of this Treaty.
2o. National quality will be demonstrated at the time of the transfer request.
3o. States Parties to this Treaty undertake to provide each other the widest possible collaboration on the transfer of sentenced persons.
ARTICLE 3. JURISDICTION.
1o. Parties designated as central authorities to perform the functions provided in this Agreement, the Ministry of Justice by the Republic of Colombia and the Technical Secretariat of the Ministry of Justice by the Kingdom of Spain.
2o. The sentenced person shall continue to perform in the Receiving State, the penalty or security measure imposed in the sending State and in accordance with the laws and procedures of the Receiving State without exequatur.
3o. The Transferring State and the Receiving State with the consent of the sending, may grant amnesty, pardon, commutation of sentence or security measure or adopt any decision or legal measure entailing a reduction or total cancellation of the penalty or security measure . Receiving State requests will be founded and examined benevolently by the sending State.
Only the sending State may hear the appeal or review action.
ARTICLE 4. Applicability conditions. This Treaty shall apply only under the following conditions:
1o. That the sentenced person is a national of the receiving State.
2o. That the sentenced person requests removal or if the request comes from the Transferring State and the Receiving State, the sentenced person expressly declares his written consent.
3o. The offense subject of the sentence is not political.
4o. The decision to repatriate adoption case by case.
5O. That States Receiving Transferring and commit to inform the sentenced person the legal consequences of the transfer.
6o. The conviction is final and there are no other proceedings pending in the Sending State.
7. That acts or omissions that led to the conviction constitutes an offense according to the rules of the Receiving State.
The 5th ITEM. OBLIGATION TO PROVIDE INFORMATION.
1o. Any sentenced to whom this Treaty may apply shall be informed by the State of conviction under this Convention, as well as the legal consequences of the transfer.
2o. If the convicted person has expressed his desire to the Transferring State to be transferred under this Treaty, the State shall inform the Receiving State with the greatest possible diligence after the judgment becomes final.
3o. The information shall include:
a) The name, date and place of birth of the convicted;
B) Where applicable, the address in the receiving State;
C) A statement of the facts upon which the sentence;
D) The nature, duration and date of commencement of the sentence.
4o. If the convicted person has expressed to the receiving State his desire to be transferred under this Treaty, the sending State shall inform that State, upon request, information to the 3rd paragraph refers. foregoing.
5O. It should be informed in writing convicted of any management undertaken by the Receiving State or the sending State pursuant to the preceding paragraphs, and any decision taken by one of the two States with respect to a request for transfer.
ARTICLE 6o. PETITIONS AND ANSWERS.
1o. Requests for transfer and replies shall be made in writing.
2o. These demands will be directed by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State. Replies shall be communicated through the same channels.
3o. The requested State shall inform the requesting State with the greatest possible diligence, of his decision to accept or deny the requested transfer.
ARTICLE 7. SUPPORTING DOCUMENTATION.
1o. The Receiving State, upon request of the Sending State, provide the latter:
a) A document or a statement indicating that the offender is a national of that State;
B) A copy of the laws of the receiver which State is that the acts or omissions that led to the conviction in the transferring State constitute a criminal offense under the law of the receiving State or would constitute if committed in its territory.
2o. If a transfer is requested, the Sending State Receiving State shall provide the documents stated below, unless one or other of the two States have already indicated that you do not agree to the transfer:
a) certified copy of the judgment and the legal provisions applied;
B) The indication of the length of the sentence has already been served, including information on any pre-trial detention, remission of sentence or other circumstances relating to the enforcement of the sentence;
C) A statement containing the consent to the transfer; and
d) Where appropriate, any medical or social report on the convicted person, any information about his treatment in the transferring State and any recommendation for continuation of treatment in the Receiving State.
3o. The Transferring State and the Receiving State may, either, request that you provide any of the documents or statements referred to in paragraphs 1 and 2 above before applying for a transfer or take the decision to accept or deny transfer .
Article 8. Economic burdens.
Delivery of the offender by the authorities of the State to those of the Receiving State shall be made in the place agreed upon by the Parties. The Receiving State shall bear the costs of transfer from the time when the sentenced person into its custody.
Article 9. INTERPRETATION.
None of the provisions of this Treaty may be interpreted in the sense that is attributed to the sentenced person a right to transfer.
ARTICLE 10. BASES FOR THE DECISION.
1o. The decisions of each State, accepting or refusing a transfer under this Treaty shall be sovereign.
2o. In making their decisions, each State shall consider, among other criteria, the seriousness of the offenses, their characteristics and especially if committed with the help of a criminal organization, the chances of reintegration, the age and health of the convicted, their situation family, his willingness to cooperate with justice and meeting the financial responsibilities for the victims.
3o. The notification to the other State of the decisions rejecting not need to expose the cause.
ARTICLE 11. TERM AND TERMINATION.
1o. This Treaty shall be ratified and enter into force 60 days after the exchange of the instruments of ratification.
2o. Any of the State Parties may terminate this Agreement by giving written notice to the other State. The denunciation shall enter into force six months after the date of notification. Applications have been submitted to the date of termination of this Treaty shall continue its normal processing without being affected by the complaint.
Signed in Madrid, on the twenty eighth day of the month
April 1993, in duplicate in the Spanish language,
and being equally authentic.
For the Republic of Colombia, Ambassador
Colombia, Ernesto Samper Pizano
For the Kingdom of Spain,
The Minister of Justice,
TOMAS OF QUADRA-SALCEDO.
Power Executive Branch Public
Presidency of the Republic Santafe de Bogota, DC
Approved, submit for consideration by the Honorable
National Congress for constitutional purposes.
(Sgd.) The César Gaviria Trujillo
Deputy Foreign Minister Responsible for espacho
Functions of the Minister,
(Sgd.) WILMA HARVEST TURBAY. DECREES
ARTICLE 1o. I hereby approved the "Treaty on Transfer of Sentenced Persons between the Republic of Colombia and the Kingdom of Spain", signed in Madrid on 28 April 1993. ARTICLE 2.
. In accordance with the provisions of article 1. 7a Act. 1944, 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, that article 1. of this Act is approved, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3. This Law governs from the date of publication.
The President of the Senate of the Republic, JORGE RAMON ELIAS
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives, Francisco Jose Jattin
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT.
Communicate, publish and execute.
After review by the
Constitutional Court, pursuant to Article 241-10
of the Constitution.
Given in Bogota, DC, on 13 July 1994.
César Gaviria Trujillo Minister of Foreign Affairs, Noemi Sanin
The Minister of Justice and Law,
Andrés González Díaz.