ACT 291 OF 1996
Official Gazette No. 42834 of July 18, 1996
Through which approved the "Treaty on 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. Summary
THE CONGRESS OF THE REPUBLIC DECREES
having regard to the text of the "Agreement on Transfer of Sentenced Persons between the Government of the Republic of Colombia and the Government of the Republic of Panama", signed in Medellin 23 February 1994.
TRANSFER oF SENTENCED 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.
Desiring to establish mechanisms to strengthen and facilitate international judicial cooperation.
Recognizing that assistance between the Parties to comply with criminal sentences is important aspect of bilateral cooperation policy.
Whereas reintegration is one of the purposes of the enforcement of sentences.
Encouraged by the common goal of ensuring the protection of human rights always ensuring respect for their dignity.
Consequently, guided by the principles of friendship and cooperation that prevail in their relations as neighboring countries, they have agreed to conclude the following Treaty, by which the transfer of those convicted in one of the two States Parties regulate when they be Colombian nationals or Panamanians.
ARTICLE 1o. JUDICIAL COOPERATION. The parties, in strict compliance with their respective legal systems, undertake to provide assistance and legal and judicial cooperation on a reciprocal basis, in accordance with the mechanisms and specific programs they determine.
. DEFINITIONS. For the purposes of this Treaty shall mean:
1. "Sending State" the State which has been handed down the conviction and of which the convicted person shall be transferred.
2. "Receiving State" the State to which the convicted person moves to continue the execution of the judgment handed down in the Sending State.
3. "Person Condemned" is the person who has been convicted by a court or court of the Transferring State by judgment, and that is either in prison, under probation, under any other form of freedom subject to surveillance, or under security measures.
ARTICLE 3. AREA OF APPLICATION.
1. The benefits of this Treaty, may only be applied to nationals of States Parties. The benefits attributable understood and juvenile offenders.
2. The States Parties to this Agreement, the widest possible collaboration on transfers of convictions people will be provided.
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 Transferring State on its own initiative or upon written request of the receiving State may grant benefits or criminal surrogates. Such request shall be reasoned in accordance with domestic law of the Receiving State.
3. Under no circumstances, the sentence imposed in the sending State may be increased by the Receiving State.
4. The convicted person is transferred to the execution of a judgment shall not be investigated, he tried or convicted for the same offense upon which the sentence to be executed.
5. Parties designated as central authorities to perform the functions provided in this Agreement the Ministry of Justice and Law, by the Republic of Colombia and the Ministry of Government and Justice by the Republic of Panama.
The 5th ITEM. PROCESS.
1. The transfer request and its corresponding response shall be in writing and addressed to the designated for that purpose in Article fourth paragraph the 5th central authorities.
2. The aforementioned transfer request must meet the requirements set out in Article 6. and contain the supporting documents mentioned in article 7. of this Treaty.
3. The requested State shall inform the requesting State as soon as possible, its decision to accept or deny the requested transfer.
4. The notification to the other State of the denial of transfer need not be motivated.
5. The penalties imposed on a State by nationals of the other, may be implemented in prison or prisons, or under the supervision of the competent authorities of the receiving State, in accordance with the legal provisions of the respective state, in accordance with this Treaty .
6. The convicted person shall continue to perform in the Receiving State, the sentence imposed in the sending State and in accordance with the laws and procedures of the Receiving State without exequatur.
7. Delivery of the convicted 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.
ARTICLE 6o. REQUIREMENTS. For purposes of performing the transfer of a convicted person must meet the following requirements:
1. That the person is a national of the receiving State.
2. Both the Transferring State and the Receiving State authorized the transfer in each case.
3. The convicted person requests removal or if the request comes from the Transferring State and the Receiving State, it expresses its consent expressly and in writing. If people attributed the consent of the authorized legal representative is required.
4. That actions or omissions that led to the conviction constitutes an offense according to the rules of the Receiving State.
5. That the person is not convicted of a political or military offense.
6. There is conviction and there are no other proceedings pending in the Sending State.
7. At least half the sentence has already been served, or that the sentenced person is in serious condition with proven health.
ARTICLE 7. DOCUMENTATION JUSTIFIED.
1. The receiver, at the request of the Sending State State shall provide the latter, except upon a transfer request:
a) Proof of the quality of the national convicted under the law of the respective state;
B) Copy of the laws of the Receiving State on the basis of which actions or omissions that led to the conviction in the transferring State constitute an offense under the law of the Receiving State.
2. The sending State, the Receiving State shall provide the documents stated below:
a) A certified copy of the judgment and the legal provisions applied;
B) Certification of time of sentence served, including information on any pre-trial detention, granting criminal surrogates or other circumstances relating to the enforcement of the sentence;
C) A written statement of the convicted person expresses its consent to be transferred;
D) medical and social report on the convicted and the respective recommendations to be considered by the Receiving State.
3. Prior to the formal request for transfer, the Sending State or Receiver documents or statements referred may request the 1st numerals. and 2nd. of this Article.
Article 8. CRITERIA FOR THE DECISION. The decisions of each state to accept or deny the transfer will be sovereign and may take into account the following criteria:
1. The decision to move people to the enforcement of criminal sentences shall be taken in case.
2. The transfer of sentenced persons will take place gradually.
3. humanitarian reasons and health of the convicted, their particular age and family situation.
4. The disposition of the person convicted to collaborate with the law of the Receiving State.
5. aggravating or mitigating circumstances of the crimes.
6. The possibility of social rehabilitation of the convicted person considering among other condemned behavior during the time of detention.
Article 9. OBLIGATION OF STATES PARTIES.
1. The condemned man who can apply this procedure must be informed of tenor of this Treaty and the legal consequences arising from it.
2. If the convicted person has expressed his desire to the Transferring State to be transferred under the procedure provided herein, that state shall inform, through the competent central authority, the central authority of the Receiving State.
Such information shall include:
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) A statement of the facts upon which the sentence.
D) The nature, duration and date of commencement of the sentence.
3. 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 10. DELIVERY OF CONVICTED and economic burdens.
1. The transfer of the convicted by the authorities of the State to those of the Receiving State shall be made in the place agreed upon by the Parties.
The definition of the place of delivery must be agreed case by case.
2. The sending State shall bear the costs of the transfer of the sentenced person until the time of delivery to the competent authorities of the receiving State.
3. The Receiving State will pay the costs of transfer from the time the convicted person into its custody.
ARTICLE 11. INTERPRETATION.
1. None of the provisions of this Treaty may be interpreted as that attributed to the convicted person a right to transfer.
2. Any doubts or disputes that may arise in the interpretation or implementation of this Treaty shall be resolved directly by mutual agreement by the central authorities as defined in Article 4o., The 5th paragraph. of this Treaty.
ARTICLE 12. TERM AND TERMINATION.
1. This Treaty shall enter into force sixty (60) days from the date on which the Parties notify by diplomatic notes fulfill its constitutional and domestic legal requirements.
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 filed on the date of termination of this Treaty shall continue its proceedings without being affected by the complaint.
Signed in the city of Medellin, the 23 days of the month
February 1994 in duplicate in the Spanish language,
and being equally authentic.
For the Government of the Republic of Colombia, Noemi Sanin
Minister of Foreign Affairs.
For the Government of the Republic of Panama, Jose Raul Mulino
Minister of Foreign Affairs.
The undersigned Head of the Legal Office (E.)
Ministry of Foreign Affairs DECLARES
That this is a true copy taken from the original of the Treaty on transfer of sentenced persons between government of the Republic of Colombia and the government of the Republic of Panama, signed in Medellin on February 23, 1994, which lies in the archives of the Legal Office of the Ministry.
Given in Santa Fe de Bogota DC, seventeen (17) days
of March in 1995 (1995).
SONIA PORTILLA PEREIRA,
Chief Legal Office (E.). RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, on April 3, 1995. Approved
, submit to the consideration of the honorable National Congress for
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA. DECREES
ITEM 1A. Approval of the Treaty on 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. In accordance with article 1. 7a Act. 1944, the Treaty on Transfer of Sentenced Persons between the Government of the Republic of Colombia and the Government of the Republic of Panama, signed in Medellin on February 23, 1994, that article 1. of this Act is approved, it will force the country from the date the international link about 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
transmittal and enforcement. Run
prior review by the Constitutional Court under Article 241-10
of the Constitution.
Given in Santa Fe de Bogota, DC, on 16 July 1996.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Justice and Law, CARLOS EDUARDO MEDELLIN BECERRA