Act 195 1995

Original Language Title: LEY 195 de 1995

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LAW 195 1995
(July 12)
Official Gazette No. 41,928, of July 12, 1995
Through which the Convention was adopted to prevent and punish acts of terrorism set to crimes people and related extortion that are of international significance, signed in New York on 2 February 1971. Summary

Term Notes
THE CONGRESS OF COLOMBIA,
having regard to the text of the "Convention to prevent and punish acts of terrorism Form of Crimes against Persons and Related Extortion that are of International Significance" signed in New York on February 2 1971
Convention to prevent and punish acts of terrorism set in crimes against persons and related extortion that are of international significance.
The Member States of the Organization of American States, CONSIDERING
:
That the defense of freedom and justice and respect for the fundamental rights of the human person, recognized by the American Declaration rights and duties of Man and the Universal Declaration of Human rights are primary duties of states;
That the General Assembly of the Organization, in Resolution 4, of June 30, 1970, strongly condemned the acts of terrorism, especially the kidnapping of persons and extortion in connection with this, those serious common crimes;
Are occurring frequently criminal acts against persons entitled to special protection under the rules of international law and those acts are of international significance because of the possible consequences for relations between states;
It is desirable to adopt standards that will progressively develop international law with regard to international cooperation in the prevention and punishment of such acts;
That in the application of these rules should remain the institution of asylum and that also must be safeguarded the principle of nonintervention,
they Have agreed on the following items:
ARTICLE 1o. Contracting States undertake to cooperate among themselves by taking all measures they consider effective in accordance with their respective laws and especially those established in this convention, to prevent and punish acts of terrorism, especially kidnapping, murder and other attacks on the life and integrity of the persons to whom the State has the duty to give special protection under international law, as well as extortion in connection with these crimes.
Article 2.
. For the purposes of this Convention, are considered common crimes of international significance whatever their mobile, kidnapping, murder and other violence to life and integrity of the persons to whom the State has the duty to give special protection under international law and extortion in connection with these crimes.

ARTICLE 3. People charged or convicted for any of the offenses set forth in article 2 of this Convention shall be subject to extradition in accordance with the provisions of the extradition treaties in force between the parties or, in the case of states that do not make extradition the existence of a treaty, according to its own laws.
In any case solely for the State under whose jurisdiction or protection such persons are located to the nature of the facts and determine whether the rules of this convention are applicable.

ARTICLE 4. All persons deprived of their liberty by application of this Convention shall enjoy the legal guarantees of due process.

The 5th ITEM. When no extradition requested by any of the offenses specified in the 2nd article because the person sought is a national or mediate any other constitutional or legal impediment, the state is obliged to submit the case to the competent authorities for the purposes processing, as if the act was committed in its territory. The decision adopted by these authorities shall be communicated to the requesting State. At the trial it will be fulfilled with the obligation set out in article 4.

ARTICLE 6o. None of the provisions of this Convention shall be interpreted, to impair the right of asylum.


ARTICLE 7. Contracting States undertake to include the offenses set forth in article 2. of this convention among the punishable acts giving rise to extradition in any treaty on the subject that in the future they agree among themselves. Contracting States which do not make extradition to the fact that there is a treaty with the requesting State, considered crimes under article 2. of this Convention as offenses extraditable, in accordance with the conditions established by the laws of the State.

Article 8. In order to cooperate in the prevention and punishment of the offenses set forth in article 2. of this Convention, the contracting states accept the following obligations:
a) take all measures within its scope, in keeping with its own laws, to prevent and prevent in their respective territories the preparation of the offenses referred to in article 2 . and are to be executed in the territory of another Contracting State;
B) To exchange information and consider effective administrative measures for the protection of persons which Article 2 of the Convention refers;
C) Ensure the right to defend any person deprived of liberty for implementation of this Convention;
D) Ensure that included in their penal laws, the criminal acts of this Convention where they be those already provided for;
E) Complementing in the most expeditious manner the requests for extradition concerning the criminal acts set forth in this Convention.

Article 9. This Convention is open for signature by Member States of the Organization of American States, as well as any State member of the Organization of the United Nations or any of its specialized agencies it or party to the Statute of the International Court of Justice and any other State which the General Assembly of the Organization of American States invited to sign it.

ARTICLE 10. The present Convention shall be ratified by the signatory states in accordance with their respective constitutional processes.

Article 11. The original instrument, whose texts in Spanish, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, and that Secretariat shall send certified copies to the signatory governments for purposes ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States, which shall notify such deposit to the signatory governments.

ARTICLE 12. This Convention shall enter into force among the States that ratify it in order to deposit instruments of their respective ratifications.

ARTICLE 13. The present Convention shall remain effective indefinitely, but any of the contracting states may denounce it. The complaint will be forwarded to the General Secretariat of the Organization of American States, and that Secretariat shall inform the other Contracting States. After one year from the denunciation, the Convention shall cease to have effect for the denouncing State, but shall remain in force for the other Contracting States.

Declaration of Panama Panama The delegation of records that nothing in this Convention shall be interpreted as meaning that the right of asylum involves being able to request the authorities of the United States in the Canal Zone Panama, and the recognition that the Government of the United States has the right to grant asylum or political refuge in the territory of the Republic of Panama that is the Panama Canal Zone.
In witness whereof, the undersigned Plenipotentiaries, whose full powers have been found in good and due form, sign this Convention on behalf of their respective governments, in Washington, the two (2 ) February in 1971 (1971).
The undersigned Head of the Legal Office of the Ministry

Foreign DECLARES:
... That this is a true copy taken from the original of the "Convention to prevent and punish acts of terrorism Form of crimes against persons and related extortion that are of international significance "signed in Washington on two (2)
February 1971. Given in Bogota, thirty (30) days of June of in 1993 (1993). MARTHA
HOPE WHEEL MERCHÁN, Chief Legal
office.

Public Power Executive Presidency of the Republic
Santafe de Bogota, DC, June 1993 as Rama.
Approved
, submit for the consideration of honorable
National Congress for constitutional purposes.
(Sgd.) César Gaviria Trujillo
The Minister of Foreign Affairs,
(Sgd.) RUBIO Noemi Sanin. DECREES
:
ARTICLE 1o. Approval of the "Convention to prevent and punish acts of terrorism Form of Crimes against Persons and Related Extortion that are of International Significance" signed in New York on 2 February 1971.
ARTICLE 2o. In accordance with the provisions of article 1. 7a Act 1944, the "Convention to prevent and punish acts of terrorism Form of Crimes against Persons and Related Extortion that are of International Significance" signed in New York on February 2, 1971, that Article 1o. 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 honorable Senate, GUILLERMO JUAN ANGEL MEJIA
.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives
BENEDETTI ALVARO VARGAS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
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, 12 July 1995.

Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Justice and Law, NEIRA
Nestor Humberto Martinez.



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