By Which Approves The "treaty On The Transfer Of Sentenced Persons Between The Republic Of Colombia And The Kingdom Of Spain", Signed In Madrid On April 28, 1993

Original Language Title: Por la cual se aprueba el "Tratado sobre Traslado de Personas Condenadas entre la República de Colombia y el Reino de España", suscrito en madrid el 28 de abril de 1993

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1996 ACT 285

(June 14)

Official Journal No. 42,811 of June 21, 1996

By means of which the Treaty on the Transfer of Sentenced Persons between the Government of the Republic of Colombia and the Kingdom of Spain, signed in Madrid on April 28, 1993, is approved.

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

DECRETA:

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 ON THE TRANSFER OF CONVICTED PERSONS

BETWEEN THE REPUBLIC OF COLOMBIA AND THE KINGDOM OF SPAIN "

The Republic of Colombia and the Kingdom of Spain.

Eager to establish mechanisms to strengthen international judicial cooperation.

Whereas reinsertion is one of the purposes of the execution of convictions.

Acknowledging that assistance between the Parties for the execution of damning criminal sentences is an important aspect of the bilateral cooperation policy.

Encouraged by the common goal of ensuring the protection of the human rights of those who are condemned, always ensuring respect for their dignity.

Consequently, guided by the principles of friendship and cooperation that prevail in their relations, they have agreed to conclude this Treaty, for which the transfers of persons convicted in one of the two States Parties are regulated, when they are Spanish or Colombian nationals.

ARTICLE 1o. DEFINITIONS. For the purposes of this Treaty it is understood that:

1. "Moving State", is the one who has imposed the sentence of conviction and of which the sentenced person will have to be transferred.

2. "Receiving State" is the one that will continue the execution of the sentence and to which the sentenced person must be transferred.

3. "Sentenced Person" is the person who has been convicted by the Court or the Court of the Traslading State through a final sentence and is in prison, and may be under the regime of conditional conviction, high school or any other another form of freedom subject to surveillance.

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ARTICLE 2o. APPLICATION BOTH.

1. Penalties imposed in one of the Member States, at the other's nationals, may be carried out in penitentiary establishments of the other Member State in accordance with the provisions of this Treaty.

2. The quality of the national will be demonstrated at the time of the transfer request.

3. The States Parties to this Treaty require the widest possible cooperation in the field of the transfer of sentenced persons.

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ARTICLE 3o. JURISDICTION.

1. The Parties designate as central authorities responsible for exercising the functions provided for in this Treaty, the Ministry of Justice by the Republic of Colombia and the General Secretariat of the Ministry of Justice of the Ministry of Justice. of Spain.

2. The sentenced person will continue to comply in the State of the Receiver, the penalty or security measure imposed in the State of the Transformer and in accordance with the laws and procedures of the State Receiver, without the need of exequatur.

3.

Effective Case-law
Previous Legislation

Only the Moving State will be able to know the review action or action.

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ARTICLE 4. CONDITIONS OF APPLICABILITY. This Treaty shall apply only under the following conditions:

1. That the person sentenced is a national of the recipient state.

2. The person sentenced to request his or her transfer, or if such a request comes from the State of the Trasladante or the State Receiver, the person who is sentenced to express his consent expressly and in writing.

3. That the crime of conviction is not political.

4. The decision to repatriate should be taken on a case-by-case basis.

5. That the transferring States and the Receiver commit themselves to communicate to the person the legal consequences of their transfer.

6. May the sentence be firm and no other pending proceedings exist in the Trasladante State.

7. That the acts or omissions that have resulted in the conviction constitute a crime in accordance with the rules of the State Receiver.

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ARTICLE 5o. OBLIGATION TO PROVIDE INFORMATION.

1. Any person sentenced to whom this Treaty may apply shall be informed by the State of condemnation of the terms of this Convention and of the legal consequences arising from the transfer.

2. If the sentenced person has expressed his wish to be transferred to the State in accordance with this Treaty, that State shall inform the receiving State as soon as possible after the judgment is final.

3. The information shall include:

(a) The name, date and place of birth of the sentenced person;

b) Where appropriate, the address in the Receiver State;

c) An exposure of the facts that originated the conviction;

d) The nature, duration and date of commencement of the conviction.

4. If the sentenced person has expressed the wish of the recipient State to be transferred pursuant to this Treaty, the transferring State shall inform that State, at its request, of the information referred to in paragraph 3. (i)

5. Written information shall be given to the sentenced person of any management undertaken by the State of the Recipient or the State in which the preceding paragraphs are applied, as well as any decision taken by one of the two States in respect of a transfer request.

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ARTICLE 6o. REQUESTS AND RESPONSES.

1. The move requests and responses will be made in writing.

2. Such claims shall be addressed by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State. The replies shall be communicated in the same way.

3. The requested State shall inform the requesting State, as soon as possible, of its decision to accept or refuse the requested shipment.

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ARTICLE 7o. SUPPORTING DOCUMENTATION.

1. The receiving State shall, at the request of the Trasladant State, provide the latter:

(a) A document or a statement indicating that the sentenced person is a national of that State;

(b) A copy of the legal provisions of the recipient State of which the acts or omissions which have resulted in the conviction in the State of the transfer constitute a criminal offence under the right of the recipient State or the would constitute if it were committed on its territory.

2. If a shipment is requested, the transferring State shall provide the recipient State with the documents which are then expressed, unless one or the other of the two States has indicated that it does not agree with the shipment:

a) A certified copy of the judgment and the legal provisions applied;

(b) The indication of the duration of the sentence already served, including information concerning any preventive detention, remission of penalty or other circumstance relating to compliance with the sentence;

c) A statement of consent for the treaty; and

(d) Where applicable, any medical or social report about the sentenced person, any information about his treatment in the State of transfer and any recommendations for the continuation of his treatment in the receiving State.

3. The State of Transfer and the Receiving State may, one and the other, request that any of the documents or statements referred to in paragraphs 1 or 1 be provided to it. and 2o. before requesting a shipment or making a decision to accept or deny the shipment.

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ARTICLE 8o. ECONOMIC BURDENS. The delivery of the reo by the authorities of the State of the Trasladante to those of the State Receiver shall be carried out in the place where the Parties agree. The receiving State shall bear the costs of the transfer from the moment the sentenced person is in his custody.

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ARTICLE 9o. INTERPRETATION. None of the provisions contained in this Treaty can be interpreted as meaning that the person sentenced to the transfer is assigned a right to transfer.

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ARTICLE 10. BASES FOR THE DECISION.

1. The decisions of each State, accepting or rejecting a transfer in application of this Treaty shall be sovereign.

2. In taking their decisions, each State shall take into account, among other criteria, the seriousness of the offences, their characteristics and, in particular, whether they have been committed with the help of a criminal organisation, the possibilities for reintegration, age and health. of the sentenced person, his family situation, his willingness to collaborate with the Justice and the satisfaction of the pecuniary responsibilities with respect to the victims.

3. Notification to the other State of the refusals will not need to expose the cause.

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ARTICLE 11. VALIDITY AND TERMINATION.

1. This Treaty shall be subject to ratification and shall enter into force within 60 days of the exchange of the instruments of ratification.

2. Any of the States Parties may denounce this Treaty by written notification to the other State.

The complaint will take effect six months after the date of notification. Applications which have been submitted to the date of denunciation of this Treaty shall continue to be processed in a normal way without prejudice to that complaint.

Signed in Madrid, at twenty-eight days of the month

of April 1993, in two copies in Spanish language,

both texts being equally valid and authentic.

By the Republic of Colombia,

The Ambassador of Colombia,

ERNESTO SAMPER PIZANO.

By the Kingdom of Spain,

The Minister of Justice,

QUADRA-SALCEDO TOMES "

The Chief Legal Officer in charge of the Legal Office

of the Ministry of Foreign Affairs

NOTES:

That the present reproduction is faithful photocopy taken from the original of the "Treaty on the transfer of persons convicted between the Republic of Colombia and the Kingdom of Spain" made in Madrid on April 28, 1993, which rests in the archives of the Office Legal status of this Ministry.

Dada en Santa Fe de Bogotá, D. C., at nineteen (19) days

of the month of July of a thousand nine hundred and ninety-five (1995).

Chief Legal Officer (e),

MARIA DEL PILAR GOMEZ VALDERRAMA.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C., 5 October 1993

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

(Fdo) CESAR GAVIRIA TRUJILLO.

The Deputy Minister of Foreign Affairs, commissioned

of the functions of the Minister's office.

(Fdo) WILMA ZAFRA TURBAY.

DECRETA:

ARTICLE 1A. Approve 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.

ARTICLE 2A. Pursuant to article 1o. of Law 7a. In 1944, the Treaty on the transfer of persons convicted between the Republic of Colombia and the United Kingdom of Spain, signed in Madrid on 28 April 1993, which, by the first article of this Law, is approved, will force the country from the date on to improve the international link with respect to the same.

ARTICLE 3A. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

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 Santa Fe de Bogota, D. C., on June 14, 1996.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

The Minister of Justice and Law,

CARLOS EDUARDO MEDELLIN BECERRA

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