ACT 409 OF 1997
Official Gazette No. 43164 of 31 October 1997
Through which the "Inter-American Convention to Prevent and Punish Torture" is approved, signed in Cartagena de Indias on 9 December 1985. Summary
THE CONGRESS OF COLOMBIA DECREES:
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 that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs) is attached.
INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE
The American signatories to this Convention states, aware of the provisions of the American Convention on Human Rights, in the sense that no one shall be subjected to torture or to cruel, cruel, inhuman or degrading treatment;
Reaffirming that all acts of torture or other cruel, inhuman or degrading punishment constitute an offense to human dignity and a disavowal of the principles enshrined in the Charter of the Organization of American States and the Charter of Nations United and are violations of human rights and fundamental freedoms proclaimed in the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights;
Noting that, to implement the relevant provisions contained in the aforementioned universal and regional instruments, it is necessary to develop an Inter-American Convention that prevents and punishes torture;
Reiterating its intention to consolidate in this hemisphere the conditions that allow recognition and respect for the inherent dignity of the human person and ensure the full exercise of their fundamental freedoms and rights,
Have agreed as follows: || | Article 1o. States Parties undertake to prevent and punish torture in the terms of this Convention.
. For the purposes of this Convention shall apply torture any act intentionally performed, whereby on a person or physical or mental suffering, for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure infliction, as penalty or any other purpose. It will also be understood as applying torture methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacity, but do not cause physical pain or mental anguish.
ARTICLE 3o. They will be responsible for the crime of torture:
a) Employees or officials who acting in that capacity orders, instigates or induces the commission, commit it directly or that may prevent it, do not;
B) Persons who at the instigation of public officials or employees to in subparagraph a) orders, instigates or induces the commission, commit it directly or are accomplices.
. The fact of having acted under superior orders does not exempt from criminal liability.
The 5th ARTICLE. He did not invoke nor accept as a justification of torture the existence of circumstances such as a state of war, threat of war, siege or emergency, internal disturbance or conflict, suspension of constitutional guarantees, internal political instability or other emergencies or public calamities.
Neither the dangerous character of the detainee or prisoner, nor the insecurity of the prison or penitentiary shall justify torture.
. In accordance with the provisions of article 1, States Parties shall take effective measures to prevent and punish torture within their jurisdiction.
States Parties shall ensure that all acts of torture and attempts to commit such acts are offenses under its criminal law and shall punishable by severe penalties that take into account their grave nature.
Similarly, States Parties shall take effective measures to prevent and punish other cruel, inhuman or degrading punishment within their jurisdiction measures.
Article 7. 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, temporarily or permanently, in interrogations, detentions or arrests, special emphasis is put on banning the use of torture.
Similarly, States Parties shall take similar measures to prevent other cruel, inhuman or degrading punishment.
. States Parties shall guarantee that any person claiming to have been subjected to torture within their jurisdiction the right to have the case examined fairly.
Likewise, when there is an accusation or reasonable grounds to believe has committed an act of torture within their jurisdiction, States Parties shall ensure that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, where appropriate, the corresponding criminal process.
Once the domestic law of the respective State and the resources have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State.
Article 9. States Parties undertake to incorporate into their national laws regulations guaranteeing suitable compensation for victims of torture.
Nothing in this article shall affect the rights they may have the victim or other persons to receive compensation under existing national legislation.
ARTICLE 10. No statement that is verified as having been obtained through torture shall be admissible as evidence in any proceedings, except that it is against a person or persons accused of having elicited it through acts of torture and only as evidence that by this he means the accused obtained such statement.
Article 11. States Parties shall take the necessary steps to extradite anyone accused of having committed the crime of torture or sentenced for commission of that crime, in accordance with their respective national laws on extradition and their international obligations in this area.
Article 12. Each State Party shall take the necessary measures to establish its jurisdiction over the crime described in this Convention in the following cases:
a) When torture has been committed within its jurisdiction;
B) When the alleged criminal is a national; or
c) When the victim is a national of that State considers it appropriate.
Each State Party shall also take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged offender is present in its jurisdiction and not proceed to extradite him in accordance with Article 11. | || this Convention does not exclude criminal jurisdiction exercised in accordance with domestic law.
ARTICLE 13. The crime referred to in article 2 shall be included among the offenses extraditable offenses in any extradition treaty between States Parties. The State Parties undertake to include the crime of torture as extraditable offenses in any extradition treaty concluded between them in the future.
Any State Party that makes extradition conditional on the existence of a treaty may, if it receives from another State Party with which it has no treaty extradition request, consider this Convention as the legal basis for extradition in respect of the crime of torture. Extradition shall be subject to the other conditions provided by the law of the requested State.
States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offenses as extraditable offenses between them, subject to the conditions provided by the law of the requested State.
Extradition shall not be granted nor shall the return of the person sought when there are grounds that danger his life, which will be subjected to torture, cruel, inhuman or degrading treatment or to be tried by special courts or ad hoc in the Requesting State.
Article 14. Where a State Party does not extradite him, submit the case to its competent authorities as if the offense had been committed within its jurisdiction for investigation and, where appropriate, for criminal action, of accordance with their national legislation.
The decision taken by these authorities shall be communicated to the State requesting extradition.
ARTICLE 15. Nothing in this Convention shall be construed as limiting the right of asylum, when appropriate, nor as altering the obligations of States Parties on extradition.
ARTICLE 16. The present Convention shall the provisions of the American Convention on Human Rights, other conventions on the subject and the status of the Inter-American Commission on Human Rights concerning the crime of torture.
Article 17. States Parties undertake to inform the Inter-American Commission on Human Rights on the legislative, judicial, administrative and other measures they adopt in implementation of this Convention.
In accordance with its mandate, the Inter-American Commission on Human Rights should seek to analyze, in its annual report, the situation prevailing in the Member States of the Organization of American States with regard to the prevention and suppression of torture .
Article 18. This Convention is open for signature by 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 accession by 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 at the time of approval, signature, ratification or accession, provided they are not incompatible with the object and purpose of the Convention and relate to one or more specific provisions .
Article 22. This Convention shall enter into force on the thirtieth day after the date on which the deposit of the second instrument of ratification. For each State ratifying or acceding to it after the deposit of the second instrument of ratification of the Convention, the Convention shall enter into force on the thirtieth day after the date of the deposit of its instrument of ratification or accession.
Article 23. This Convention shall remain effective 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, counted from the date of deposit of the instrument of denunciation, the Convention shall cease to be in effect for the denouncing state and shall remain in force for the other States Parties.
Article 24. The original instrument of this Convention, the texts in Spanish, French, English and Portuguese languages are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy of your text for registration and publication to the Secretariat of the United Nations in accordance with Article 102 of the United Nations Charter. 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 of the signatures, deposits of instruments of ratification, accession and denunciation, and any reservations that any.
The undersigned Head of the Legal Office
Ministry of Foreign Affairs DECLARES
That this is a true copy reproduction, taken from the certificate text of the "Inter-American Convention to Prevent and Punish torture, signed in Cartagena de Indias on December 9, 1985, which lies in the archives of the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, nine (9) days
the month of August in 1996.
Chief EXECUTIVE BRANCH oF POWER Law Office,
VARELA HECTOR ADOLFO Sintura. PUBLIC
PRESIDENCY oF tHE REPUBLIC Santa Fe de Bogota. DC,
consideration of the honorable National Congress for Constitutional effects.
(Sgd.) Ernesto Samper Pizano
the Minister of Foreign Affairs,
(Sgd.) RODRIGO GARCIA-PARDO PEÑA DECREES
ARTICULATE 1o to approve the Inter-American Convention to Prevent and Punish Torture, signed in Cartagena de Indias on 9 December 1985. Article 2.
. In accordance with the provisions of article 1. 7a Act 1944, the Inter-American Convention to Prevent and Punish Torture, signed in Cartagena de Indias on December 9, 1985, that article 1 of this law passed, will force the country from the date international link regarding the same is perfected.
ARTICLE 3o. This law applies from the date of publication.
The President of the honorable Senate,
Amylkar ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communicated and published. Run
prior review by the Constitutional Court,
under Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, 28 October 1997.
Ernesto Samper Pizano Interior Minister,
CARLOS HOLMES TRUJILLO GARCIA.
The Minister of Foreign Affairs, EMMA MEJIA VELEZ MARIA
The Minister of Justice and Law, Almabeatriz
The Minister of National Defense, Gilberto Echeverri Mejía