Act 404 1997

Original Language Title: LEY 404 de 1997

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1997 404 ACT

(September 16)

Official Journal No. 43131 of 18 September 1997

By means of which the Treaty on the transfer of sentenced persons for the execution of criminal sentences between the Government of the Republic of Colombia and the Government of the Republic of Costa Rica, signed in Santa Fe de Bogotá, D. C., on March 15, 1996.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

DECRETA:

Having regard to the text of the "Treaty on the Transfer of Sentenced Persons for the Execution of Criminal Sentences between the Government of the Republic of Colombia and the Government of the Republic of Costa Rica," signed in Santa Fe de Bogota, D. C., on March 15, 2001. 1996.

(To be transcribed: attached photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

TREATY ON MOVING PEOPLE CONVICTED

FOR EXECUTION OF CRIMINAL STATEMENTS

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA

AND THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA

The Government of the Republic of Colombia and the Government of the Republic of Costa Rica shall be referred to as "the Parties".

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

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

Whereas the social reinsertion of the offender is one of the purposes of the execution of convictions;

Consequently, guided by the principles of friendship and cooperation that prevail in their relations, they have agreed to conclude the following Treaty, which regulates the transfer of sentenced persons, when they are Colombian nationals or Costa Ricans.

ARTICLE I. APPLICATION SCOPE.

This Treaty shall apply to nationals of a Party, who have been convicted in the other Party, in order that the penalties imposed may be executed in prison or prison establishments, under the supervision of the authorities. the competent authorities of the State of the recipient, in accordance with the laws in force in the respective State, in accordance with this Treaty.

This Treaty may also apply to under-age offenders and persons to whom the competent authority of the transferring State would have declared inimputable, for which the consent of the latter must be obtained. legally authorized to grant it.

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ARTICLE II. DEFINITIONS.

For the purposes of this Treaty:

1. 'State of transfer' means the State in which the judgment is delivered and of which the sentenced person is to be transferred.

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

3. "Judgment" is the final judicial decision imposing on a person, as a penalty for the commission of a crime, the deprivation of liberty or restriction of the same, in a regime of probation, sentence of probation or other forms of supervision without detention. It is understood that a judgment is final when there is no ordinary legal remedy against it in the Trasladante State, and that the intended term for such an appeal has expired.

4. 'convicted person' is the person who has been convicted by a court or court of the transfer by a final judgment.

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ARTICLE III. EXCEPTIONS.

They will not be able to benefit from the transfer of sentenced persons:

1. Nationals of a Party who are permanent residents in the territory of the other Party.

2. Those sentenced for a crime that is not typified in both Parties.

3. Those who have pending in the State move other criminal proceedings.

4. Those who have pending in the State the transfer of compensation for civil liability, unless the applicant demonstrates the absolute inability to comply with the payment of the penalty imposed for reasons of poverty.

5. Persons convicted of an extradition request made by a third State, which is in the process or has been agreed upon.

Notwithstanding the foregoing paragraphs, the persons sentenced to whom the transfer has been denied may submit a new application to the authority which issued the decision, provided that the cause of the decision is not persisted. refusal and compliance with the full of the requirements laid down for that purpose.

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ARTICLE IV. REQUIREMENTS.

Applications submitted by nationals of one of the Parties to be transferred to the country of their nationality shall be made by the sentenced person or by his legal representative, before the Central Authority of the Trasladante State with the full of the Following requirements:

1. May the convicted person be a national of the recipient state.

2. The person who is convicted expressly requests his/her transfer in writing.

3. That the acts or omissions which have given rise to the sentence are not of a political nature.

4. That the conviction to be fulfilled is not the death penalty.

5. That the sentence by which the execution penalty was imposed is firmly established, and that there is no legal case other than the above, which would prevent the sentencing of the national territory from leaving.

6. At the time of filing the transfer request, the sentenced person shall at least prove that he has complied with 50% of the penalty imposed, at least, in the case of the case set out in Article 7 (3).

7. The application of the judgment is not contrary to the internal legal order of the recipient State.

Compliance with the requirements set out in this Treaty does not imply the obligation for States to grant the shipment.

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ARTICLE V. JURISDICTION.

1. The State of the Receiver and the State of the Transfer shall have discretion to grant or deny the transfer of the sentenced person. This decision is sovereign and must be communicated to the person concerned.

2. For the purposes of calculating the sentence, the State of the Receiver shall recognize the legal decisions or measures proposed by the competent authorities of the State of the Transladante, when they involve the reduction of the penalty to the national who has applied for the transfer, by factors such as good conduct, work or study, as long as these decisions or legal measures are recognised in the Decision by which the transferring State manifests its conformity with the transfer.

3. Without Exequatur, the sentenced person will continue to comply in the State of Receivability, the penalty imposed in the State of the Trasladante in accordance with the internal legislation of the State Receiver.

4. The State of Transfer shall retain exclusive jurisdiction with reference to the sentences imposed on those convicted persons who have been transferred.

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

6. The situation of the sentenced person shall not be aggravated by the transfer.

7. 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.

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ARTICLE VI. CENTRAL AUTHORITIES.

The Parties designate as Central Authorities responsible for exercising the functions provided for in this Treaty, the Ministry of Justice and Law by the Republic of Colombia and the Ministry of Justice and Grace by the Republic of Colombia. from Costa Rica.

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ARTICLE VII. CRITERIA.

In accordance with Article 4 of this Treaty, the Parties shall take into account the decision to grant or refuse the transfer, inter alia, of the following criteria:

1. The decision to move people for the enforcement of criminal sentences will be done gradually for which the case-by-case study will be adopted.

2. The Parties shall pay particular attention to those persons who have been fully tested for a disease at their terminal stage or who are of very advanced age.

3. Aggravating and mitigating circumstances of the offences.

4. The chances of reinsertion of the sentenced person, taking into account, among others, the conduct of the sentenced person during the time of imprisonment.

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ARTICLE VIII. PROCESSING.

1. The sentenced person shall submit to the Central Authority of the transferring State the transfer request which shall contain the following information:

a) The name, surname, and identification document of the requester;

(b) If appropriate, the last address in the country of nationality;

c) An exposure of the reasons for requesting the move;

d) Name of the center in which you are being held;

e) Name of the judicial authority that sentenced him;

f) Date of detention or deprivation of liberty;

g) Written statement of the convict in which he or she expresses his consent to be transferred.

2. Upon receipt of the transfer request, the Central Authority of the transferring State shall examine the information entered and if it is not complete, it shall be returned to the data subject for the purpose of completion.

3. In order to verify the nationality of the sentenced person, the Central Authority of the transferring State shall send to the Central Authority of the Receiving State, the printing of the fingerprints of the sentenced person requesting the transfer.

Likewise, it will transmit a copy of the final judgment so that the Central Authority of the Receiver State, certifies if the conduct described in the executed sentence, is also typified as a criminal in its State, so be different name.

4. The Central Authority of the Receiver State shall provide the Central Authority of the Trasladant State:

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

(b) A copy of the legal provisions of the State of the Receiver, based on which acts or omissions that have resulted in the conviction in the State of the transfer, constitute an infringement of the criminal law according to the right of the State Receiver.

5. After the revision of the transfer request and its annexes, the Central Authority of the transferring State shall supplement it and verify it with the following documentation:

a) A report on the existence of other criminal proceedings;

b) A report on the conduct of the penalty, the time that has effectively been deprived of liberty for reason of the process in which he was convicted and the reduction of the penalty to which he has been entitled, until the moment of filing the application, whether for good behavior, reduction for work, study, teaching, among others;

(c) Medical and social report on the sentenced person, as well as the respective recommendations to be taken into account by the State Receiver;

d) A report on whether the convicted person is a permanent resident.

6. Once the required information is complete, the Central Authority of the Translate State will dictate a resolution accepting or denying the request for transfer, which will be communicated to the interested party.

7. The Central Authority of the Trasladante State, shall transmit the resolution and the annexed documentation, to the Central Authority of the State Receiver, in order for it to decide on its feasibility and if any document fails to request its submission.

8. The receiving State shall inform the transferring State as soon as possible of its decision to accept or refuse the requested shipment, through the designated Central Authority.

9. If the decision of the two Central Authorities is favourable, they shall proceed to the transfer of the sentenced person in accordance with the provisions of Article 10 of this Treaty.

10. The competent authority of the recipient State shall determine the prison establishment to which the sentenced person is to be transferred. In any case, account shall be taken, inter alia, of the seriousness of the offence, the capacity of the prison centres and the personal conditions of the transfer.

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ARTICLE IX. OBLIGATIONS OF THE STATES PARTY.

1. The Central Authority of the Trasladante State shall inform the persons sentenced to whom this procedure may be applied of the meaning of this Treaty and of the legal consequences arising therefrom.

2. The person convicted of any management undertaken by the State of the Receiver or the State of transfer under this Treaty, as well as any decision taken by one of the two States in respect of his/her, shall be informed in writing. transfer request.

3. The Central Authorities referred to in Article 6 shall each six months exchange reports on the situation in which the conviction of all persons moved or the execution of a particular sentence is enforced; in accordance with this Treaty.

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ARTICLE X. DELIVERY OF THE CONDEMNED AND ECONOMIC BURDENS.

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 receiving State shall be responsible for the custody of the sentenced person from the time of delivery.

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

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

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ARTICLE XI. 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 accord of the Central Authorities as defined in Article 6 of this Treaty.

3. The Parties may conclude agreements on the development of this Treaty where it is necessary to facilitate compliance with this Treaty.

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ARTICLE XII. 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 State Party 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 at the time of the denunciation of this Treaty shall continue to be processed without prejudice to that complaint.

Signed in Santa Fe de Bogota, D. C., at fifteen (15) days of the month of March of a thousand nine hundred and ninety-six (1996), in two original copies in Spanish, both texts being equally identical.

By the Government of the Republic of Colombia,

The Foreign Minister,

RODRIGO PARDO GARCIA-PENA.

By the Government of the Republic of Costa Rica,

The Minister of Foreign Affairs and Cult,

FERNANDO NARANJO VILLALOBOS.

The Minister of Justice and Law,

CARLOS EDUARDO MEDELLIN BECERRA.

The Minister of Justice and Grace,

MAUREEN CLARKE CLARKE.

The Undersigned Head of the Legal Office

from the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful copy taken from the original of the Treaty on the transfer of sentenced persons for the execution of criminal sentences between the Government of the Republic of Colombia and the Government of the Republic of Costa Rica, signed in Santa Fe de Bogota, D. C., on March 15, 1996, which rests in the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogota, D. C., the first

of August of a thousand nine hundred and ninety-six (1996).

the Chief Legal Officer,

HECTOR ADOLFO SINTURA VARELA.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C.

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

(Fdo.) ERNESTO SAMPER PIZANO

The Foreign Minister,

(Fdo.) MARIA EMMA MEJIA VELEZ.

DECRETA:

ARTICLE 1o. Approve the Treaty on the transfer of sentenced persons for the execution of criminal sentences between the Government of the Republic of Colombia and the Government of the Republic of Costa Rica, signed in Santa Fe de Bogotá, D. C., on March 15, 1996.

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. the Treaty on the transfer of sentenced persons for the execution of criminal sentences between the Government of the Republic of Colombia and the Government of the Republic of Costa Rica, signed in Santa Fe de Bogota, D.C., on 15 March 1996, which by Article 1 of this law is approved, will force the country from the date on which the international link with respect to it is perfected.

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

The President of the honorable Senate of the Republic,

AMYLKAR ACOSTA MEDINA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

CARLOS SQUIRLA BALLESTEROS.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Prior revision of the Constitutional Court, as

to Article 241-10 of the Political Constitution.

Dada en Santa Fe de Bogota, D. C., 16 September 1997.

ERNESTO SAMPER PIZANO

The Foreign Minister,

MARIA EMMA MEJIA VELEZ.

The Minister of Justice and Law,

ALMABEATRIZ RENGIFO LOPEZ.

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