LAW 169 1994
Official Gazette No. 41,631., Of 9 December 1994
"Through which the Convention on the Prevention and Punishment of Crimes against persons approved internationally protected Persons, including Diplomatic Agents ", signed in New York on 14 December 1973. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the "Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents", signed in New York on December 14, 1973: || | CONVENTION oN PREVENTION aND PUNISHMENT oF CRIMES AGAINST
INTERNATIONALLY PROTECTED PERSONS, iNCLUDING DIPLOMATIC AGENTS
the States parties to this Convention,
Considering the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and the promotion of friendly relations and cooperation among States.
Considering that crimes against diplomatic agents and other internationally protected persons jeopardizing the safety of those people in danger create a serious threat to the maintenance of normal international relations which are necessary for cooperation among States.
Believing that the commission of such crimes is a matter of grave concern to the international community.
Convinced that there is an urgent need to adopt appropriate and effective for the prevention and punishment of such crimes,
Have agreed as follows: ARTICLE 1o
. For the purposes of this Convention:
1. It is meant by "internationally protected person"
a) A Head of State, including each of the members of a collegial body, when, in accordance with the respective constitution, to perform the functions of Head of State, Head of government or foreign Minister, provided that such person is in a foreign state, as well as members of his family who accompany him;
B) Any representative or official of a State or any official or other agent of one that, at the time and place where a crime is committed against him, local officials intergovernmental organization, his private accommodation or means of transport, have the right, under international law, to special protection from any attack on his person, freedom or dignity, as well as members of his family forming part of his household.
2. It is meant by "suspect" the person against whom there is sufficient evidence to determine prima facie that he has committed or participated in one or more of the offenses set forth in Article 2.
1. They will be qualified by each state party as offenses under their domestic law, when conducted intentionally:
a) The commission of a murder, kidnapping or other attack upon the person or liberty of an internationally protected person;
B) Committing a violent attack upon the official premises, the private accommodation or the means of transport of an internationally protected person likely to endanger their physical integrity or liberty;
C) The threat to commit such attack;
D) An attempt to commit such attack;
E) Complicity in such an attack.
2. Each State Party shall make these offenses punishable by appropriate penalties which take into account the grave nature of them.
3. The two preceding paragraphs do not affect in any way the obligations of States parties under international law to take all appropriate measures to prevent other attacks on the person, freedom or dignity of an internationally protected person.
1. Each State Party shall take the necessary measures to establish its jurisdiction over the offenses set forth in paragraph 1 of Article 2 in the following cases:
a) When the offense is committed in the territory of that State or on board a ship or aircraft registered in that State;
B) When the alleged offender is a national of that State;
C) When the crime is committed against an internationally protected person as defined in Article 1 who enjoys his status under the functions exercised on behalf of that State.
2. Likewise, each State party shall take the necessary measures to establish its jurisdiction over such crimes in the event that the alleged offender is present in its territory and that State does not grant extradition in accordance with article 8. any of the States referred to in paragraph 1 of this Article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national legislation.
ARTICLE 4. States Parties shall cooperate in the prevention of offenses under Article 2, in particular:
a) Taking all practicable measures to prevent the prepase in their respective territories for the commission of those crimes within or outside his territory;
B) Exchanging information and coordinating the taking of administrative measures and other measures, as appropriate, to prevent these crimes.
The 5th ITEM.
1. The State party has taken place the commission of any of the offenses set forth in Article 2, if it has reason to believe that an alleged offender has fled from its territory, shall communicate to the other States concerned, directly or through the Secretary General of the United Nations, all the pertinent facts regarding the crime committed and all the data available about the identity of the alleged offender.
2. When is committed against an internationally protected person any of the offenses set forth in Article 2, any State Party which has information concerning the victim and circumstances of the crime shall endeavor to provide it as provided by its domestic law, in the form complete and timely, the State party on whose behalf he was exercising his functions.
1. If it considers that the circumstances so warrant, the State Party in whose territory the alleged offender is found shall take appropriate measures under its domestic law to ensure his presence for the purpose of prosecution or extradition. Such measures shall be notified without delay directly or through the Secretary General of the United Nations:
a) The State in whose territory the crime was committed;
B) The State or States of nationality of the suspect or, if he is a stateless person, in whose territory he permanently resides;
C) The State or States of nationality of the internationally protected person concerned or on whose behalf he was exercising his functions;
D) All other States concerned, and
e) the international organization of which is an official or an agent, the internationally protected person concerned.
2. Any person regarding whom the measures adopted mentioned in paragraph 1 of this Article shall be entitled:
a) A made immediately in communication with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to protect his rights or, in the case of a stateless person, the State which requests and which is willing to protect their rights and
b) to be visited by a representative of that State.
ARTICLE 7. The State Party in whose territory the alleged offender, not to proceed with his extradition is, submit the case, without exception whatsoever and without undue delay to its competent authorities for the purpose of prosecution, according to the procedure laid down in legislation that State.
1. To the extent that the crimes set forth in article 2 are not listed as extraditable offenses in extradition treaties between States parties they shall be deemed to be included as such therein. States Parties undertake to include such offenses as extraditable offenses in any extradition treaty concluded between them in the future.
2. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may, if it decides to extradite, consider this Convention as the legal basis for extradition with respect to these offenses. Extradition shall be subject to the procedural provisions and the other conditions of the law of the requested State.
3. States parties which do not make extradition conditional on the existence of a treaty shall recognize such offenses as extraditable offenses between themselves subject to the procedural provisions and the other conditions of the law of the requested State.
4. For the purposes of extradition between States Parties, it shall be considered offenses have been committed not only in the place where they occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 3 states.
Article 9. Any person regarding whom proceedings are carried out in connection with one of the offenses set forth in article 2 shall be guaranteed fair treatment at all stages of the procedure.
1. States parties the greatest possible assistance in regard to any criminal proceedings relating to offenses under article 2, including the supply of all evidence necessary for the proceedings in their possession will be provided.
2. The provisions of paragraph 1 of this Article shall not affect the obligations of mutual judicial assistance embodied in any other treaty.
ARTICLE 11. The State Party where criminal proceedings against the alleged offender communicate the final outcome of the proceedings to the Secretary General of the United Nations, who shall transmit the information to the other States Parties engage.
ARTICLE 12. The provisions of this Convention shall not affect the application of the Treaties on Asylum, in force at the date of adoption of this Convention, which states that are part of those Treaties, but a State part of this Convention may not invoke those Treaties with respect to another State party to this Convention which is not part of those Treaties.
1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which is not settled by negotiation shall be submitted to arbitration at the request of one of them. If within six months from the date of submission of the request for arbitration the parties are unable to agree on the form thereof, either party may refer the dispute to the International Court of Justice by application submitted in accordance with the Statute of the Court.
2. Each State Party at the time of signature or ratification of this Convention or accession thereto, declare that it is considered not bound by the preceding paragraph. The other States Parties shall not be bound by the preceding paragraph with respect to any State Party that has made such a reservation.
3. Any State Party having made a reservation under the preceding paragraph may withdraw it at any time by notifying the Secretary General of the United Nations.
ARTICLE 14. The present Convention shall be open for signature by all States until 31 December 1974 at the headquarters of the United Nations in New York.
ARTICLE 15. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary General of the United Nations.
ARTICLE 16. The present Convention shall be open to accession by any State. The instruments of accession shall be deposited with the Secretary General of the United Nations.
1. This Convention shall enter into force on the thirtieth day after the date of deposit of the twenty-second instrument of ratification or accession with the Secretary General of the United Nations.
2. For each State ratifying the Convention or acceding to it after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date on which that State has deposited its instrument of ratification or accession.
1. Any State Party may denounce this Convention by written notification addressed to the Secretary General of the United Nations.
2. The denunciation shall take effect six months after the date on which the Secretary General of the United Nations notification.
ARTICLE 19. The Secretary General of the United Nations shall inform all States, inter alia:
a) Signatures of this Convention and the deposit of instruments of ratification or accession in accordance with Articles 14, 15 and 16, and of notifications made under Article 18;
B) The date on which the Convention enters into force in accordance with Article 17.
ARTICLE 20. The original of this Convention, of which the Chinese, Spanish, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary General of the United Nations, who shall send certified copies thereof to all States .
In witness whereof the undersigned, being duly authorized thereto
by their respective
governments, have signed
this Convention, opened for signature in New York
1973. SIGNED THE HEAD OF THE OFFICE OF LEGAL
MINISTRY OF FOREIGN AFFAIRS DECLARES:
That this faithful reproduction is taken photocopy of the certificate text of the "Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents", adopted in New York on 14 December 1973.
given in Bogota, nine (9) days of the month
July in 1993 (1993). MARTHA
HOPE WHEEL MERCHÁN,
Chief Legal Office. Presidency of the Republic -
Public Power Executive Branch.
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes,
(Sgd.) César Gaviria Trujillo
The Minister of Foreign Affairs,
(Sgd.) RUBIO Noemi Sanin. DECREES
ITEM 1A. Approval of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. Signed in New York on December 14, 1973, with the following reservations which form an integral part of this law and that the Government of Colombia will make when depositing its instrument of ratification of the convention by this law is approved:
1. Colombia by the numerals 1, 2, 3 and 4 of Article 8 is not obligate., Because they are contrary to Article 35 of our Constitution, concerning the prohibition on extraditing Colombians by birth.
2. Colombia is not bound by paragraph 1 of Article 13, as oppose to Article 35 of the Constitution.
3. Colombia is not bound by the provisions of the Convention to the extent that oppose Article 29 of the Constitution and the guiding principles of Colombian criminal law.
ARTICLE 2A. In accordance with the provisions of article 1. 7a Act. 1944, the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents. Signed in New York on December 14, 1973, that article 1. this law passed, they will force the country from the date the international link is perfect therefrom.
ARTICLE 3A. This law applies from the date of publication.
The President of the honorable Senate, GUILLERMO JUAN ANGEL MEJIA
The Secretary of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives
BENEDETTI ALVARO VARGAS.
The Secretary of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court
accordance with Article 241-10 of the Constitution.
Given in Bogota, DC, on December 6, 1994.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Justice and Law, NEIRA
Nestor Humberto Martinez.