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By Means Of Which The Convention On The Prevention And Punishment Of Crimes Against Internationally Protected Persons, Including Diplomatic Agents ", Signed In New York On December 14, 1973 Is Approved

Original Language Title: Por medio de la cual se aprueba la Convención sobre la Prevención y el Castigo de Delitos contra personas internacionalmente protegidas, inclusive los Agentes Diplomáticos", suscrita en Nueva York el 14 de Diciembre de 1973

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ACT 169 OF 1994

(December 6)

Official Journal No. 41,631., dated December 9, 1994

"By means of which the Convention on the Prevention and Punishment of Crimes against Persons Internationally Protected, including the Diplomatic Agents, is approved," signed in New York on December 14, 1973.

THE CONGRESS OF COLOMBIA,

Having regard to the text of the "Convention on the Prevention and Punishment of Crimes against Persons Internationally Protected, including the Diplomatic Agents", signed in New York on 14 December 1973:

CONVENTION ON PREVENTION AND PUNISHMENT

CRIMES AGAINST PEOPLE INTERNATIONALLY

PROTECTED, INCLUDING DIPLOMATIC AGENTS

States Parties to this Convention,

Taking into account the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and the promotion of relations of friendship and cooperation between States.

Whereas crimes against diplomatic agents and other persons internationally protected by endangering the security of these persons create a serious threat to the maintenance of normal international relations, which are necessary for cooperation between the States.

Estimating that the commission of these crimes is a cause of grave concern for the international community.

Convinced that there is an urgent need to take appropriate and effective measures for the prevention and punishment of such crimes,

Have agreed to the following:

ARTICLE 1o. For the purposes of this Convention:

1. "internationally protected person" means:

(a) A Head of State, including each member of a collegiate body, when, in accordance with the respective constitution, he fulfils the duties of Head of State, a Head of Government or a Minister of Foreign Affairs, provided that such person is in a foreign State, as well as the members of his/her family who accompany him;

(b) Any representative, official or official personality of a State or any official, official personality or other agent of an intergovernmental organization which, at the time and at the place where a crime is committed against him, his or her local officials, their private residence or their means of transport are entitled, in accordance with international law, to special protection against any attack on their person, freedom or dignity, as well as the members of their family who form part of your house.

2. 'presumed guilty' means the person in respect of whom there are sufficient evidence to establish prima facie evidence that he has committed or participated in one or more of the offences referred to in Article 2

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ARTICLE 2o.

1. They will be qualified by each State party as crimes in their domestic law, when they are done intentionally:

(a) The commission of a homicide, kidnapping or other attack on the physical integrity or freedom of an internationally protected person;

(b) The commission of a violent attack against the official premises, the particular residence or means of transport of an internationally protected person liable to endanger their physical integrity or their freedom;

c) The threat to commit such an attack;

d) The attempt to commit such an attack;

e) The complicity in such an attack.

2. Each State party shall ensure that such offences are punishable by appropriate penalties which take into account the serious nature of the offences.

3. The two preceding paragraphs do not affect in any way the obligations of the States parties, under international law, to take all appropriate measures to prevent further attacks on the person, freedom or dignity of the an internationally protected person.

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ARTICLE 3o.

1. Each State party shall have whatever it needs to establish its jurisdiction over the offences referred to in Article 2, paragraph 1, in the following cases:

(a) Where the offence has been committed in the territory of that State or on board a vessel or aircraft registered in that State;

b) When the alleged culprit is a national of that State;

(c) Where the offence has been committed against an internationally protected person, as defined in Article 1, who enjoys that status by virtue of the functions he or she exercises on behalf of that State.

2. In addition, each State party shall have whatever is necessary to establish its jurisdiction in respect of such offences in the event that the alleged culprit is on its territory and that the State does not grant his/her extradition in accordance with Article 8. to any of the States referred to in paragraph 1 of this Article.

3. This Convention shall not exclude any criminal jurisdiction exercised in accordance with National Law.

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ARTICLE 4. States Parties shall cooperate in the prevention of the offences referred to in Article 2, in particular:

a) Adopting all feasible measures to prevent the commission of such crimes from being prevented in their respective territories both within and outside their territory;

b) Interchanging information and coordinating the adoption of administrative and other measures, as appropriate, to prevent such crimes from being committed.

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ARTICLE 5o.

1. The State party to which the commission has taken place of any of the offences referred to in Article 2, where it has reason to believe that the alleged culprit has fled its territory, shall communicate to the other States concerned, directly or through the Secretary-General of the United Nations, all relevant facts relating to the offence committed and all the facts available to him about the identity of the alleged culprit.

2. Where any of the offences referred to in Article 2 have been committed against an internationally protected person, any State party providing information on the victim and the circumstances of the offence shall endeavour to provide it under the conditions laid down in its domestic law, in full and in a timely manner, to the State party on whose behalf that person exercised its functions.

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ARTICLE 6o.

1. If it considers that the circumstances justify it, the State party on whose territory the alleged culprit is located shall take appropriate measures in accordance with its domestic law to ensure its presence for the purposes of its proceedings or extradition. Such measures shall be notified without delay, directly or through the Secretary-General of the United Nations:

(a) To the State in whose territory the offence was committed;

(b) to the State or States that the alleged culprit is a national or, if this is stateless, to the State in whose territory it resides permanently;

(c) to the State or States of which the internationally protected person concerned is a national or in whose name its functions are exercised;

d) To all other interested States, and

(e) to the intergovernmental organisation of which it is an official, official personality or agent, the internationally protected person concerned.

2. Any person in respect of which the measures referred to in paragraph 1 of this Article are taken shall be entitled to:

(a) To be without delay in communication with the nearest competent representative of the State of which he is a national or to whom the protection of his rights is responsible for other reasons or, in the case of a stateless person, of the State which is the same request and be willing to protect your rights, and

b) To be visited by a representative of that State.

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ARTICLE 7o. The State party on whose territory the alleged culprit is located, not to proceed with his extradition, shall, without any exception or unjustified delay, submit the matter to its competent authorities. for the exercise of criminal action, in accordance with the procedure laid down in that State's legislation.

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ARTICLE 8o.

1. To the extent that the offences referred to in Article 2 are not listed among the cases of extradition, in extradition treaties in force between the States parties, they shall be considered as such in those treaties. The States Parties undertake to include such offences as cases of extradition in any extradition treaty which they conclude from each other.

2. If a State party that subordinates extradition to the existence of a treaty receives an extradition request from another State party to which it has no extradition treaty, it may, if it decides to grant it, consider this convention as the basis of The legal basis for extradition is necessary for the extradition of these offences. Extradition shall be subject to the procedural provisions and to the other conditions of the legislation of the requested State.

3. States parties which do not subordinate extradition to the existence of a treaty shall recognise such offences as cases of extradition between them subject to the procedural provisions and other conditions of the law of the State. required.

4. For the purposes of extradition between States parties, the offences shall be deemed to have been committed, not only in the place where they occurred, but also in the territory of the States obliged to establish their jurisdiction in accordance with paragraph 1. Article 3.

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ARTICLE 9o. Any person in respect of which a proceeding is substantiated in relation to one of the offences provided for in Article 2 shall enjoy the guarantees of equal treatment at all stages of the procedure.

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ARTICLE 10.

1. The States Parties shall provide as much assistance as possible with regard to any criminal proceedings relating to the offences referred to in Article 2 including the provision of all the evidence necessary for the proceedings in their possession.

2. The provisions of paragraph 1 of this Article shall not affect the mutual judicial assistance obligations stipulated in any other treaty.

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ARTICLE 11. The State Party in which a criminal action is entered against the alleged guilty of the offence shall communicate the final result of that action to the Secretary-General of the United Nations, who shall transmit information to other States parties.

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ARTICLE 12. The provisions of this Convention will not affect the application of the Treaties on Asylum, which are in force at the date of the adoption of this Convention, as regards the States that are part of the Convention. those Treaties, but a State party to this Convention may not invoke those Treaties in respect of another State party to this Convention which is not a party to those Treaties.

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ARTICLE 13.

1. Any dispute arising between two or more States parties with regard to the interpretation or application of this Convention which is not settled by negotiations 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 of the request, either party may submit the dispute to the International Court. of the Court of Justice, by means of an application lodged in accordance with the Statute of the Court.

2. Any State party may, at the time of signature or ratification of this Convention or its accession to the Convention, declare that it is not considered bound by the preceding paragraph. The other States Parties shall not be bound by the preceding paragraph to any State party which has made such a reservation.

3. Any State party which has made the reservation provided for in the preceding paragraph may withdraw it at any time by notifying the Secretary-General of the United Nations.

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ARTICLE 14. This Convention shall be open for signature by all States until 31 December 1974 at the United Nations Headquarters in New York.

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ARTICLE 15. This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

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ARTICLE 16. This Convention shall be open for the accession of any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

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ARTICLE 17.

1. This Convention shall enter into force on the 30th day following the date of deposit of the twenty-second instrument of ratification or accession by the Secretary-General of the United Nations.

2. For each of the States ratifying or acceding to the Convention 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 ratified the Convention. deposited its instrument of ratification or accession.

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ARTICLE 18.

1. Any State party may denounce this Convention by written notification to the Secretary-General of the United Nations.

2. The complaint shall take effect six months after the date on which the Secretary-General of the United Nations receives the notification.

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ARTICLE 19. The Secretary-General of the United Nations shall communicate to all States, among other things:

(a) The signatures of this Convention and the deposit of instruments of ratification or accession in accordance with Articles 14, 15 and 16, and the notifications made pursuant to Article 18;

b) The date when this Convention enters into force in accordance with Article 17.

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ARTICLE 20. The original of this Convention, whose Chinese, Spanish, French, English, and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who send certified copies of it to all States.

In testimony to which the undersigned,

duly authorized to do so by your

respective governments, have signed the

present Convention, open to signature

in New York on December 14, 1973.

THE HEAD OF THE LEGAL OFFICE

OF THE FOREIGN MINISTRY

NOTES:

That the present reproduction is faithful photocopy taken from the certified text of the "Convention for the Prevention and Punishment of Crimes against Persons Internationally Protected, including the Diplomatic Agents", adopted in New York on 14 September. December 1973.

Dada en Santafe de Bogotá, at nine (9) days of the month

of July of a thousand nine hundred and ninety-three (1993).

MARTHA ESPERANZA RUEDA MERCHAN,

head Legal Office.

Executive Branch of the Public Power-Presidency of the Republic.

Santafe de Bogota, D. C.

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects,

(Fdo.) CESAR GAVIRIA TRUJILLO

The Foreign Minister,

(Fdo.) NOEMI SANIN DE RUBIO.

DECRETA:

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ARTICLE 1A. Approve the Convention on the Prevention and Punishment of Crimes against Persons Internationally Protected, including the Diplomatic Agents. Signed in New York on December 14, 1973, with the following reserves that form an integral part of this law and which the Government of Colombia will formulate when depositing the respective instrument of ratification of the convention that by this law approves:

RESERVATIONS

1. Colombia is not bound by article 1, 2, 3, and 4 of article 8o., because they are contrary to the article 35 of our Political Constitution, regarding the prohibition of the extradition of Colombians. by birth.

2. Colombia is not required by Article 13 (1), in so far as it objects to Article 35 of the National Constitution.

3. Colombia is not bound by the provisions of the Convention to the extent that it objects to articles 29 of the National Constitution and to the rules governing Colombian criminal law.

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ARTICLE 2A. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the Convention on the Prevention and Punishment of Crimes against Persons Internationally Protected, including the Diplomatic Agents. Signed in New York on 14 December 1973, as provided for in Article 1. of this law shall be adopted, shall force the country from the date on which the international link with respect to it is perfected.

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ARTICLE 3A. This law applies as of the date of its publication.

The President of the honorable Senate of the Republic,

JUAN GUILLERMO ANGEL MEJIA.

The Secretary of the Honourable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

ALVARO BENEDETTI VARGAS.

The Secretary of the Honourable House,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Contact and post.

Execute previous Constitutional Court review

pursuant to article 241-10 of the Political Constitution.

Dada en Santafe de Bogota, D. C., at 6 December 1994.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

The Minister of Justice and Law,

NESTOR HUMBERTO MARTINEZ NEIRA.

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