1997 LAW 409

(October 28)

Official Journal No. 43,164 of 31 October 1997

By means of which the "Inter-American Convention on the Prevention and Punishment of Torture" is approved, signed in Cartagena de Indias on December 9, 1985.

COLOMBIA CONGRESS

DECRETA:

Having regard to the text of the "Inter-American Convention to Prevent and Punish Torture", signed in Cartagena de Indias on 9 December 1985.

(To be transcribed: 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).

INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE

The States Parties to this Convention, aware of the provisions of the American Convention on Human Rights, in the sense that no one should be subjected to torture or cruel, inhuman or degrading treatment or punishment;

Reaffirming that any act of torture or other cruel, inhuman or degrading treatment or punishment constitutes an offense to human dignity and a denial of the principles enshrined in the Charter of the Organization of American States and in the United Nations Charter and are violative of the Human Rights and Fundamental Freedoms proclaimed in the American Declaration of the Rights and Duties of Man and in the Universal Declaration of Human Rights;

Noting that, in order to make effective the relevant norms contained in the universal and regional instruments alluded to, it is necessary to draw up an Inter-American Convention that prevents and sanctions torture;

Reiterating its purpose of consolidating on this continent the conditions that permit the recognition and respect of the dignity inherent to the human person and ensure the full exercise of their fundamental rights and freedoms,

Have agreed to the following:

ARTICLE 1o. States Parties are obliged to prevent and punish torture under the terms of this Convention.

ARTICLE 2o. For the purposes of this Convention, torture shall be understood to mean any act intentionally carried out, by which a person is inflicted physical or mental pain or suffering, for the purposes of criminal investigation, as an intimidating means, as personal punishment, as a preventive measure, as a penalty or for any other purpose. It is also understood as torture the application of a person of methods to nullify the personality of the victim or to decrease his physical or mental capacity, even if they do not cause physical pain or psychic distress.

ARTICLE 3o. They will be responsible for the crime of torture:

(a) Public employees or civil servants acting in such a manner shall order, instigate, induce their commission, commit it directly or otherwise prevent it from doing so;

(b) Persons who, at the instigation of the public servants or employees referred to in (a), order, instigate or induce their commission, make it directly or are complicit.

ARTICLE 4. The fact that you have acted under higher orders will not exempt you from the corresponding criminal liability.

ARTICLE 5o. It shall not be invoked or supported as a justification of the crime of torture the existence of circumstances such as a state of war, threat of war, state of siege or emergency, shock or conflict internal, suspension of constitutional guarantees, internal political instability or other emergencies or public calamities.

Neither the danger of arrest or punishment, nor the insecurity of the prison or prison establishment can justify torture.

ARTICLE 6o. In accordance with the provisions of Article 1, the States Parties shall take effective measures to prevent and punish torture in the field of their jurisdiction.

States parties shall ensure that all acts of torture and attempts to commit such acts constitute offences in accordance with their criminal law, establishing to punish them severe sanctions that take into account their seriousness.

Likewise, States Parties shall take effective measures to prevent and punish, in addition, other cruel, inhuman or degrading treatment or punishment in the field of their jurisdiction.

ARTICLE 7o. States Parties shall take measures to ensure that, in the training of police officers and other public officials responsible for the custody of persons deprived of their liberty, On the other hand, in the case of interrogations, arrests or arrests, special emphasis is placed on the prohibition of the use of torture.

Similarly, States Parties shall take similar measures to prevent other cruel, inhuman or degrading treatment or punishment.

ARTICLE 8o. States Parties shall ensure that any person who claims to have been subjected to torture in the field of his or her jurisdiction has the right to have the case examined impartially.

Likewise, where there is a complaint or reason established to believe that an act of torture has been committed in the field of its jurisdiction, the States Parties shall ensure that their respective authorities proceed on their own initiative and immediately to carry out a investigation into the case and to initiate, where appropriate, the respective criminal proceedings.

Once the internal legal order of the respective State and the resources it provides for, the case may be submitted to international bodies whose competence has been accepted by that State.

ARTICLE 9o. States Parties undertake to incorporate in their national laws rules that ensure adequate compensation for victims of the crime of torture.

Nothing in this article will affect the right of the victim or other persons to receive compensation under existing national legislation.

ARTICLE 10. No statement that is found to have been obtained by torture may be admitted as a means of proof in a process, except in the case of the person or persons accused of having been obtained by acts of torture and only as proof that by that means the defendant obtained such a declaration.

ARTICLE 11. States Parties shall take the necessary steps to grant the extradition of any person accused of having committed the crime of torture or convicted by the Commission of that crime, conformity with their respective national laws on extradition and their international obligations in this field.

ARTICLE 12. Any State Party shall take the necessary measures to establish its jurisdiction over the offense described in this Convention in the following cases:

(a) When the torture has been committed in the field of its jurisdiction;

b) When the alleged offender has his or her nationality; or

c) When the victim is a national of that State and is considered appropriate.

Any State Party shall also take the necessary measures to establish its jurisdiction over the offence described in this Convention when the alleged offender is within the scope of his or her jurisdiction and does not proceed to extradite him or her. in accordance with Article 11.

This Convention does not preclude criminal jurisdiction exercised in accordance with domestic law.

ARTICLE 13. The offence referred to in Article 2o shall be deemed to be included among the offences that result in extradition in any extradition treaty concluded between States Parties. The State Parties undertake to include the crime of torture as an extradition case in any extradition treaty that they celebrate with each other in the future.

Any State party that subordinates extradition to the existence of a treaty may, if it receives from another State Party with which it does not have an extradition request, consider this Convention as the necessary legal basis for the extradition concerning the crime of torture. Extradition shall be subject to the other conditions required by the right of the requested State.

States Parties that do not subordinate extradition to the existence of a treaty shall recognize such crimes as cases of extradition between them, subject to the conditions required by the right of the requested State.

No extradition shall be granted or the return of the requested person shall be granted where there is a presumption that his life is in danger, that he shall be subjected to torture, cruel, inhuman or degrading treatment or that he shall be judged by The Court of Justice of the European Union

ARTICLE 14. When a State Party does not grant extradition, it shall submit the case to its competent authorities as if the offence had been committed in the field of its jurisdiction, for the purposes of investigation and, where appropriate, criminal proceedings, in accordance with their national law.

The decision taken by those authorities will be communicated to the State that has requested the extradition.

ARTICLE 15. Nothing in this Convention may be construed as limiting the right of asylum, where appropriate, or as a modification to the obligations of the States Parties to this Convention. extradition.

ARTICLE 16. This Convention leaves to the exception of the provisions of the American Convention on Human Rights, other conventions on the matter and the status of the Inter-American Commission on Human Rights. Humans with regard to the crime of torture.

ARTICLE 17. States Parties undertake to inform the Inter-American Commission of Human Rights about the legislative, judicial, administrative and other measures they have adopted in the implementation of this Convention.

In accordance with its powers, the Inter-American Commission on Human Rights will seek to analyze, in its annual report, the situation prevailing in the Member States of the Organization of American States regarding the prevention and suppression of torture.

ARTICLE 18. This Convention is open to the signature of the Member States of the Organization of American States.

ARTICLE 19. This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

ARTICLE 20. This Convention is open to the accession of any other American State. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.

ARTICLE 21. States Parties may make reservations to this Convention when it is approved, signed, ratified or adhered to, provided that they are not incompatible with the object and purpose of the Convention. Convention and deal with one or more specific provisions.

ARTICLE 22. This Convention shall enter into force on the 30th day from the date on which the second instrument of ratification has been deposited. For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after the date on which the Convention has deposited its instrument of ratification or accession.

ARTICLE 23. This Convention shall govern indefinitely, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year, starting from the date of deposit of the instrument of denunciation, the Convention shall cease in its effects for the reporting State and shall remain in force for the other States Parties.

ARTICLE 24. The original instrument of this Convention, whose texts in Spanish, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of the American States, which shall send a certified copy of its text for registration and publication to the Secretariat of the United Nations, in accordance with Article 102 of the Charter of the United Nations. The General Secretariat of the Organization of American States shall notify the Member States of that Organization and the States that have acceded to the Convention, the signatures, the deposit of instruments of ratification, accession and denunciation, as well as the reservations which it has.

The undersigned Head of the Legal Office

from the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful copy, taken from the certified text of the " Inter-American Convention to Prevent and Punish the Torture, signed in Cartagena de Indias, on December 9, 1985, which rests in the archives of the Office Legal status of this Ministry.

Dada en Santa Fe de Bogotá, D. C., at nine (9) days

of the month of August of a thousand nine hundred and ninety-six.

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.) RODRIGO PARDO GARCIA-PENA

DECRETA:

ARTICLE 1o. Approve the Inter-American Convention to Prevent and Punish Torture, signed in Cartagena de Indias on December 9, 1985.

ARTICLE 2o. In accordance with the provisions of Article 1o. Law 7a of 1944, the Inter-American Convention on the Prevention and Punishment of Torture, signed in Cartagena de Indias on December 9, 1985, which is approved by Article 1 of this Law, will force the country from the date it is perfected. the international link with respect to the same.

ARTICLE 3o. This law applies as of 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

Contact and Publish.

Execute previous Constitutional Court review,

pursuant to Article 241-10 of the Political Constitution.

Dada en Santa Fe de Bogotá, D. C., on October 28, 1997.

ERNESTO SAMPER PIZANO

The Minister of the Interior,

CARLOS HOLMES TRUJILLO GARCIA.

The Foreign Minister,

MARIA EMMA MEJIA VELEZ.

The Minister of Justice and Law,

ALMABEATRIZ RENGIFO LOPEZ.

The Minister of National Defense,

GILBERTO ECHEVERRI MEJIA.