1996 ACT 291

(July 16)

Official Journal No. 42,834 of July 18, 1996

By means of which the "Treaty on the Transfer of Sentenced Persons between the Government of the Republic of Colombia and the Government of the Republic of Panama", signed in Medellin on 23 February 1994, is approved.

THE CONGRESS OF THE REPUBLIC,

DECRETA:

Having regard to the text of the "Treaty on the Transfer of Sentenced Persons between the Government of the Republic of Colombia and the Government of the Republic of Panama", signed in Medellin on 23 February 1994.

" TREATY ON MOVEMENT OF CONVICTED PERSONS

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA

AND THE GOVERNMENT OF THE REPUBLIC OF PANAMA. "

The Government of the Republic of Colombia

and the Government of the Republic of Panama.

Eager to establish mechanisms to strengthen and facilitate international judicial cooperation.

Recognising that assistance between the Parties for the enforcement of criminal convictions is an important aspect of the bilateral cooperation policy.

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

Encouraged by the common goal of ensuring the protection of human rights while always ensuring respect for their dignity.

Consequently, guided by the principles of friendship and cooperation that prevail in their relations as neighbouring countries, they have agreed to conclude the following Treaty, whereby the transfers of persons convicted in one of the two States Parties, when they are Colombian or Panamanian nationals.

ARTICLE 1o. JUDICIAL COOPERATION. The parties, with strict compliance with their respective legal systems, undertake to provide mutual legal and judicial assistance and cooperation in accordance with specific mechanisms and programs. which they determine.

ARTICLE 2o. DEFINITIONS. For the purposes of this Treaty:

1. 'State of transfer' means the State in which the sentence has been handed down and of which the sentenced person shall be transferred.

2. 'receiving State' means the State to which the sentenced person is transferred to continue with the execution of the sentence in the transferring State.

3. "Convicted person" is the person who has been convicted by a court or court of the Trasladant State by sentence, and who is already in prison, under the probation regime, under any other form of freedom subject to surveillance, or under security measures.

ARTICLE 3o. APPLICATION BOTH.

1. The benefits of this Treaty may only be applied to nationals of the States Parties. The benefits will comprise the imputable and minor offenders.

2. The States Parties to this Treaty shall provide the widest possible cooperation in the field of transfers of persons.

ARTICLE 4. JURISDICTION.

1. The receiving State and the transferring State shall have discretion to accept or reject the transfer of the sentenced person. This decision is sovereign and must be communicated to the requesting party.

2. The State of Transfer, on its own initiative or upon written request of the receiving State, may grant subrogates or criminal benefits. Such a request shall be reasoned in accordance with the internal legislation of the recipient State.

3. Under no circumstances, the sentence imposed in the Transladante State may be increased in the recipient State.

4. The sentenced person who is transferred for the execution of a sentence may not be investigated, judged or convicted of the same offence which motivated the sentence to be executed.

5. The Parties designate as central authorities responsible for exercising the functions provided for in this Treaty by the Republic of Colombia and the Ministry of Justice and the Ministry of Government and Justice by the Republic of Colombia. of Panama.

ARTICLE 5o. PROCEDURE.

1. The transfer request and its respective response shall be made in writing and shall be addressed to the central authorities designated for that purpose in the article fourth, number 5o.

2. The referred move request shall comply with the requirements set out in Article 6or. and contain the supporting documentation referred to in Article 7or. of this Treaty.

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

4. The notification to the other State of the refusal of the shipment does not need to be substantiated.

5. Penalties imposed in one of the Member States of the other may be carried out in prison or prison establishments or under the supervision of the competent authorities of the recipient State in accordance with the provisions laid down by law. in force of the respective State, in accordance with this Treaty.

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

7. The surrender of the person convicted by the authorities of the State of the transfer to the authorities of the recipient State shall be carried out at the place where the Parties agree in each case.

ARTICLE 6o. REQUIREMENTS. For the purpose of moving a convicted person the following requirements must be met:

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

2. In each case, the transfer state and the recipient state allow the transfer.

3. The person who is convicted applies for his or her transfer, or if such a request comes from the State of the Translate or the State of the Receiver, the person expressly consents and in writing. In the case of persons imputable, the consent of the authorised legal representative shall be required.

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

5. May the person not be convicted of a political or military crime.

6. That there is a conviction and no other pending proceedings in the Trasladante State.

7. That at least half of the sentence imposed has already been met, or that the convicted person is in serious health.

ARTICLE 7o. DOCUMENTATION JUSTIFIED.

1. The receiving State shall, at the request of the transferring State, provide the latter with a transfer request:

(a) Proof of the quality of the national of the sentenced person in accordance with the legislation of the respective State;

(b) A copy of the legal provisions of the recipient State on the basis of which the actions or omissions that have resulted in the conviction in the State of the transfer constitute a crime under the right of the State of the Receiver.

2. The transferring State shall provide the recipient State with the documents which are then expressed:

a) Certified copy of the statement and the legal provisions applied;

b) Certification of the time of conviction served, including information regarding any preventive detention, granting of criminal surrogacy or other circumstance relating to the enforcement of the conviction;

c) Written statement of the sentenced person in which he or she expresses his consent to be transferred;

d) Medical and social report on the sentenced person, as well as the respective recommendations to be taken into account by the recipient State.

3. Prior to the formal request for transfer, the transferring State or the Receiver may request the documents or declaration referred to in the numerals 1. and 2o. of this Article.

ARTICLE 8o. CRITERIA FOR THE DECISION. The decisions of each state to accept or deny the transfer shall be sovereign and may take into account the following criteria:

1. The decision to transfer persons for the enforcement of criminal sentences shall be taken on a case-by-case basis.

2. The transfer of sentenced persons shall be carried out in a gradual manner.

3. Humanitarian reasons as a state of health of the sentenced person, age and their particular family situation.

4. The disposition of the sentenced person to collaborate with the justice of the State Receiver.

5. Aggravating or mitigating circumstances of the offences.

6. The chances of reinsertion of the sentenced person taking into account the conduct of the sentenced person during the time of imprisonment.

ARTICLE 9o. OBLIGATION OF THE STATES PARTIES.

1. The sentenced person to whom this procedure may apply shall be informed of the wording of this Treaty and of the legal consequences arising therefrom.

2. If the sentenced person has expressed the wish to be transferred to the State in accordance with the procedure laid down here, that State shall inform the central authority of the State, through the competent central authority. Receiver.

This information should understand:

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

b) If appropriate, the home address of the person to be transferred;

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

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

3. 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.

ARTICLE 10. DELIVERY OF THE SENTENCED PERSON AND FINANCIAL CHARGES.

1. The surrender of the sentenced person by the authorities of the State in which the State is transferred shall be delivered to the place where the Parties agree.

The definition of the place of delivery should be agreed on a case-by-case basis.

2. The transferring State shall bear the costs of the transfer of the sentenced person up to the time of delivery to the competent authorities of the recipient State.

3. The receiving State shall bear the costs of the transfer from the moment the sentenced person is in its custody.

ARTICLE 11. INTERPRETING.

1. None of the provisions contained in this Treaty can be interpreted as meaning that a right to transfer is attributed to the sentenced person.

2. Any doubts or disputes which may arise in the interpretation or execution of this Treaty shall be resolved directly, and by common agreement by the central authorities defined in Article 4.number 5o. of this Treaty.

ARTICLE 12. VALIDITY AND TERMINATION.

1. This Treaty shall enter into force at sixty (60) days from the date on which the Parties communicate by diplomatic note the fulfilment of their domestic constitutional and legal requirements.

2. Any of the States Parties may denounce this Treaty by written notification to the other State. The complaint shall enter into force six months after the date of notification. Applications which have been submitted on the date of denunciation of this Treaty shall continue to be processed without them being affected by such denunciation.

Signed in the city of Medellin, at 23 days of the month

February 1994 in two copies in Spanish language,

both texts being equally valid and authentic.

By the Government of the Republic of Colombia,

NOEMI SANIN DE RUBIO,

(Unreadable Signature).

Minister of Foreign Affairs.

By the Government of the Republic of Panama,

JOSE RAUL MULINO,

Minister of Foreign Affairs.

The undersigned Head of the Legal Office (E.)

from the Ministry of Foreign Affairs,

NOTES:

That the present is a faithful photocopy taken from the original of the Treaty on the transfer of persons convicted between the Government of the Republic of Colombia and the Government of the Republic of Panama, signed in Medellin on 23 February 1994, which is based in the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogota D.C., a los seventeen (17) dias

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

SONIA PEREIRA PORTILLA,

Chief Legal Officer (E.).

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D.C., at 3 April 1995.

Approved, subject to honorable consideration

National Congress for Constitutional Effects.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

DECRETA:

ARTICLE 1A. Approve the Treaty on the transfer of sentenced persons between the Government of the Republic of Colombia and the Government of the Republic of Panama, signed in Medellin on 23 February 1994.

ARTICLE 2A. Pursuant to item 1o. of Law 7a. In 1944, the Treaty on the transfer of persons convicted between the Government of the Republic of Colombia and the Government of the Republic of Panama, signed in Medellin on 23 February 1994, as provided for in Article 1. of this Law is approved, will force the country from the date on which the international link to it is perfected.

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 comply.

Execute previous Constitutional Court review as

to article 241-10 of the Political Constitution.

Dada en Santa Fe de Bogota, D.C., a 16 de july 1996.

ERNESTO SAMPER PIZANO

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

The Minister of Justice and Law,

CARLOS EDUARDO MEDELLIN BECERRA