Act 285 of 1996
Official Gazette No. 42,811 of June 21, 1996
Through which the Treaty on the Transfer of Sentenced Persons between the Government of the Republic of approving 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:
1. "Sending State" is one who has imposed the sentence and from which the sentenced person must be moved.
2. "Receiving State" is one that will continue the execution of the judgment and which should be transferred sentenced person.
3. "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.
1. 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.
2. The quality of national will, demonstrated at the time of the transfer request.
3. States Parties to this Treaty undertake to provide each other the widest possible collaboration on the transfer of sentenced persons.
ARTICLE 3. JURISDICTION.
1. 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.
2. 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.
3. Effective Jurisprudence
Only the sending State may hear the appeal or review action.
ARTICLE 4. Applicability conditions. This Treaty shall apply only under the following conditions:
1. That the sentenced person is a national of the receiving State.
2. That the sentenced person requests removal or if the request comes from the Transferring State and the Receiving State, the sentenced person consents expressly and in writing.
3. The offense subject of the sentence is not political.
4. The decision to repatriate adoption case by case.
5. That States Receiving Transferring and commit to inform the sentenced person the legal consequences of the transfer.
6. 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.
1. Any sentenced to whom this Treaty may apply shall be informed by the State of conviction under this agreement and the legal consequences of the transfer.
2. If the convicted person has expressed his desire to the Transferring State to be transferred under this Treaty, the State shall informs the receiving State with the greatest possible diligence after the judgment becomes final.
3. 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.
4. 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.
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 request for transfer.
ARTICLE 6o. PETITIONS AND ANSWERS.
1. Requests for transfer and replies shall be made in writing.
2. 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.
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 7. Supporting documentation.
1. The Receiving State, upon request of the Sending State, shall, to 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 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 treaty; 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.
3. The Transferring State and the Receiving State may, either, request that you provide any of the documents or statements referred to in paragraphs 1o. and 2nd. foregoing before requesting a transfer or take the decision to accept or deny the 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 as that attributed to the sentenced person a right to transfer.
ARTICLE 10. BASES FOR THE DECISION.
1. The decisions of each State, accepting or refusing a transfer under this Treaty shall be sovereign.
2. 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 the Justice and meeting the financial responsibilities for the victims.
3. The notification to the other State of the decisions rejecting not need to expose the cause.
ARTICLE 11. TERM AND TERMINATION.
1. This Treaty shall be ratified and enter into force 60 days after the exchange of the instruments of ratification.
2. 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 "
The undersigned Chief in charge of the Legal Office of the Ministry
Foreign DECLARES: That this reproduction
is faithful copy taken from the original of the "Treaty on the transfer of sentenced persons between the Republic of Colombia and the Kingdom of Spain" in Madrid on April 28, 1993, which lies in the archives of the Legal Office of the Ministry. || | Given in Santa Fe de Bogota, DC, at nineteen (19) days
of July in 1995 (1995)
the Chief Legal Office (e)
MARY. PILAR GOMEZ VALDERRAMA.
EXECUTIVE BRANCH PUBLIC POWER
PRESIDENCY oF tHE REPUBLIC Santa Fe de Bogota, DC, October 5, 1993
Approved. Undergo consideration of the honorable National Congress for
(Signed) César Gaviria Trujillo.
the Deputy Minister of Foreign Affairs, responsible
of the functions of the Minister's office.
(Signed) WILMA HARVEST TURBAY. DECREES
ITEM 1A. Approval of the Treaty on Transfer of Sentenced Persons between the Republic of Colombia and the United Kingdom of Spain, signed in Madrid on 28 April 1993. ARTICLE
2A. 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 United Kingdom of Spain, signed in Madrid on April 28, 1993, that the first article of this law is passed, will force the country from date the international link regarding the same is perfected.
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
communication and publication. Run
prior review by the Constitutional Court, under Article 241_10
of the Constitution.
Given in Santa Fe de Bogota, DC, 14 June 1996.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Justice and Law, CARLOS EDUARDO MEDELLIN BECERRA