ACT 250 OF 1995
Official Gazette No. 42,171., Of December 29, 1995
Through which approved the "Treaty between the Government of the Republic of Colombia and the government of the Republic of Venezuela on transfer of sentenced persons "signed in Caracas on 12 January 1994. Summary
CONGRESS OF COLOMBIA DECREES
having regard to the text of the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Venezuela on Transfer of Sentenced Persons", signed in Caracas on 12
January 1994. ARTICLE 1A. To approve the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Venezuela on Transfer of Sentenced Persons", signed in Caracas on 12 January 1994.
Treaty between the Government of the Republic of Colombia and the Government of the Republic of Venezuela on the transfer of sentenced persons.
The Government of the Republic of Colombia and the Government of the Republic of Venezuela:
Desiring to promote cooperation in criminal matters.
Whereas this cooperation will improve the effectiveness of the administration of justice and facilitate the social rehabilitation of prisoners of both states.
Persuaded that the execution of the sentence in their country of origin rehabilitation of prisoners will contribute.
Desiring to establish mechanisms to strengthen the administration of justice through international cooperation.
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.
Guided by the principles of friendship and cooperation that prevail in their relations, they have agreed to conclude this Treaty which transfers of convicted persons are regulated in one of the two States Parties when they be national Venezuelans or Colombians.
ARTICLE 1o. AREA OF APPLICATION.
1. Sentences imposed in the Republic of Venezuela to Colombian nationals may be served in the Republic of Colombia in prison or under supervision of establishments Colombian authorities, in accordance with the provisions of this Treaty.
2. Sentences imposed in the Republic of Colombia to Venezuelan nationals may be served in the Republic of Venezuela in penal institutions or under the supervision of Venezuelan authorities in accordance with the provisions of this Treaty.
3. States Parties to this Treaty undertake to provide each other the widest possible collaboration on the transfer of sentenced persons.
4. Applicable Standards: The transfer of persons shall be governed solely by the rules contained in this Treaty.
. DEFINITIONS. For the purposes of this Treaty, the expression:
1. "Sending State" means the State which has been handed down the conviction and which the sentenced person will be transferred.
2. "Receiving State" means the State to which the sentenced person to continue the execution of the judgment rendered in the Transferring State moves.
3. "Persona sentenced" is the person who has been convicted by a court or court of the Transferring State by conviction and who is in prison, may also be under the regime of probation, parole, or any other form of freedom subject to vigilance.
ARTICLE 3. JURISDICTION.
1. 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.
2. The Transferring State or the Receiving State on the basis of the Transferring may grant amnesty, pardon, commutation of sentence or security measure or adopt any decision or legal measure involving an reduction of sentence or security measure. Applications of the Receiving State will be founded and examined benevolently by the sending State.
Only the sending State may hear the appeal or review action.
3. The sentenced person transferred to the execution of a sentence under this Treaty may not be arrested, prosecuted or sentenced in the Receiving State for the same offense upon which the sentence to be executed.
4. Under no circumstances, the sentence imposed in the sending State may be increased by the Receiving State.
ARTICLE 4. Applicability conditions. This Treaty shall apply under the following conditions:
1. That acts or omissions that led to the conviction constitutes an offense according to the rules of the Receiving State.
2. That the sentenced person is a national of the receiving State.
3. That the sentenced person is not convicted of a political or military offense.
4. There is conviction and there are no other proceedings pending in the Sending State.
5. The other provisions of the judgment, out of the deprivation of liberty, but including those relating to liability have been satisfied.
6. That the decision to move people to the enforcement of criminal sentences, if adopted by case basis.
7. That States commit Transferring and receiver to communicate to the person sentenced the legal conditions of their transfer, and turn it expresses the express commitment to collaborate with the justice of the Receiving State.
8. 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.
The 5th ITEM. CENTRAL AUTHORITIES. Parties designated as central authorities to perform the functions provided in this Agreement the Ministry of Justice by the Republic of Venezuela and the Ministry of Justice and Law, by the Republic of Colombia.
ARTICLE 6o. Obligations to provide information.
1. Any sentenced to who can apply this Treaty shall be informed by the United Transferring and receiver under this Convention, as well as the legal consequences of the transfer.
2. If the sentenced 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 care.
3. The information shall include:
a) The name, date and place of birth of the sentenced person;
B) Where applicable, the home address of the person to be transferred;
C) A statement of the facts upon which the sentence;
D) The nature, duration and date of commencement of the sentence;
4. If the convicted person had expressed to the receiving State his desire to be transferred under this Treaty, the sending State shall inform that State, at its request, the information in paragraph 3 above concerns.
5. 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 transfer request.
ARTICLE 7. PETITIONS AND ANSWERS.
1. Transfer requests and the response must be in writing and addressed to the designated central authorities this Treaty.
2. The Receiving State and the Transferring State shall have discretion to refuse the transfer of the sentenced person, and shall communicate its decision to the requesting party. The notification to the other State of the decision to reject the transfer, need not be motivated.
3. The requested State shall inform the requesting State with the greatest possible diligence, of his decision to accept or deny the requested transfer.
Article 8. BASIS FOR THE DECISION.
1. In making the decision on the transfer of the sentenced person, each Party shall consider, inter alia, the following criteria in the application of this Treaty.
A) The Agreement shall apply gradual and progressive;
B) Decisions of each State, accepting or refusing a transfer under this Treaty shall be sovereign;
C) 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, age and health convicted, their family situation, their willingness to collaborate with justice and meeting the financial responsibilities for the victims.
Article 9. Supporting documentation.
1. The receiver, at the request of the Sending State State shall 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.
2. If a transfer is requested, the Sending State Receiving State shall provide the documents stated below, unless one or other of the two States has indicated that it is no longer agree to the transfer:
a) certified copy of the judgment and the legal provisions applied;
B) The indication of the length of sentence already served, including information on any pre-trial detention, granting criminal surrogates or other circumstances relating to the enforcement of the sentence;
C) A statement containing the consent of the person sentence for relocation, 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 the continuation of such treatment in the Receiving State.
3. The Transferring State and the Receiving State may, either request to be provided with any of the documents or statements referred to the paragraphs 1 and 2 above, before requesting a transfer or take the decision to accept or deny transfer.
economic burdens. Delivery of the sentenced person by the authorities of the sending State to the authorities of the Receiving State shall be effected in the place agreed upon by the Parties in each case.
The Receiving State shall bear the costs of transfer from the time when the sentenced person into its custody.
ARTICLE 11. INTERPRETATION.
1. None of the provisions of this Treaty may be interpreted as that attributed to the sentenced person a right to transfer.
2. Any doubts or disputes that may arise in the interpretation or implementation of this Treaty shall be settled through diplomatic channels.
ARTICLE 12. TERM AND TERMINATION.
1. This Treaty shall enter into force sixty (60) days from the date of the last notification in which the Parties notify by diplomatic note fulfilling its constitutional and domestic legal requirements.
2. Either State may terminate this Agreement by written notification to the other State. The denunciation shall take effect six (6) months after the date of notification.
Applications have been submitted to the date of termination of this Treaty, will continue its normal processing without being affected. Signed in Caracas
twelve (12) days of January
of in 1994 (1994), in two
in Spanish language, both equally valid and authentic texts.
For the Government of the Republic of Colombia.
For the Government of the Republic of Venezuela.
The undersigned Head of the Legal Office
Ministry of Foreign Affairs DECLARES
That this faithful reproduction is taken photocopy of the original "Treaty between the Government of the Republic of Colombia and the government of the Republic of Venezuela on transfer of sentenced persons ", signed in Caracas on January 12, 1994, which lies in the archives of the Legal Office of the Ministry.
Given in Bogota, DC, on the twenty (22) days
of August in 1994 (1994).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura. Presidency of the Republic -
Public Power Executive Branch.
Bogota, DC, March 18, 1994. Approved
. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(FDO). César Gaviria Trujillo.
The Minister of Foreign Affairs, Noemi Sanin
ARTICLE 2A. In accordance with the provisions of article 1. 7a Act. 1994, the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Venezuela on Transfer of Sentenced Persons", signed in Caracas on January 12, 1994, that article 1. of this Act is approved, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate, JULIUS CAESAR
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute. Run
prior review by the Constitutional Court under Article 241-10
of the Constitution.
Given in Bogota, DC, 29 December 1995.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Ministry of Justice and Law, NEIRA
Nestor Humberto Martinez.