ACT 450 OF 1998
Official Journal No 43360 of 11 August 1998
Through which the "Agreement on legal assistance and judicial cooperation, mutual between the Government approved the Republic of Colombia and the Government of the Republic of Panama ", made in the city of Panama the nineteen (19) November
in 1993 (1993). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Agreement on mutual legal assistance and judicial cooperation between the Government of the Republic of Colombia and the Government of the Republic of Panama", made in the nineteen Panama City ( 19) November in 1993 (1993), which reads:
(to be transliterated: photocopy of the full text of that instrument, duly authenticated by the Responsible Head of the Legal Office is attached Ministry of Foreign Affairs).
"LEGAL ASSISTANCE AGREEMENT ON COOPERATION AND MUTUAL JUDICIAL
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC
The Government of the Republic of Colombia and the Government of the Republic of Panama;
Inspired by the desire to intensify legal assistance and cooperation in criminal matters;
Recognizing that the fight against crime requires joint action by States;
Considering the ties of friendship and cooperation that bind them together as neighbors;
In observance of constitutional, legal and administrative norms of their States and respect for the principles of international law, especially sovereignty, territorial integrity and nonintervention;
Eager to advance joint action to prevent, control and suppress crime in all its forms, through the coordination of activities and implementation of specific programs; and streamline the traditional mechanisms of legal and judicial assistance;
Aware of the increase in criminal activity in border areas, agree to lend the widest cooperation in accordance with the procedure described below:
ARTICLE 1o. PURPOSE OF THE ASSISTANCE. The Parties, in accordance with the provisions of this Agreement and in strict compliance with their respective legal systems, undertake:
1. Provided legal and judicial assistance on a reciprocal basis.
2. Greater collaboration be provided on the expulsion, deportation and delivery of prosecuted foreigners who are illegally in the border area of the States Parties.
. APPLICATION AND SCOPE OF ASSISTANCE.
1. The Parties shall assist each other in exchanging information and evidence, investigations, prosecutions and proceedings in criminal matters.
Such assistance shall include among others the following acts:
a) Practice and referral of evidence and prosecution requested;
B) Submission of documents and information in accordance with the terms and conditions of this agreement;
C) Notification of rulings, orders and judgments;
D) Location and voluntary transfer of persons for purposes of this agreement, as witnesses or experts;
E) Proceed with the execution of court orders that deal with freezing and confiscation of goods, products and instruments with which the crime was committed or that come from their implementation, in accordance with the domestic law of the Requested State;
F) The Requested State shall give special consideration to the Requesting State decide how much the property subject to confiscation and, if applicable, the proceeds of sale between the two Parties will be distributed. Above, taking into account the degree of cooperation provided, as well as the information provided;
G) To facilitate the entry and allow freedom of internal mobility within the territory of the Requested State officials Requesting State, after authorization by the competent authorities of the State in order to attend the practice of the actions described in this agreement, provided that the domestic law of the Requested State so permits;
H) Any other assistance agreed between the Parties.
ARTICLE 3. ASSISTANCE IN THE BORDER. In addition to the legal and judicial assistance described in Article II, Parties undertake to provide the broadest cooperation in the border area, in the following terms:
1. The National Party that requested by the judicial authorities of your country, under a measure involving deprivation of liberty, and to avoid it has entered the border area of another State Party, will be deported or expelled the territory of the State where you are, by the competent authorities and taken to the border for delivery to agents of the requesting State.
The above procedure is carried out in accordance with the Aliens Regime in force in each State, so that always the rights and guarantees of the affected are respected.
2. Received a request for assistance by the central authority of a State Party, it shall communicate such request expeditiously officials responsible for immigration control, sending the relevant documentation to lend their support as quickly, for the adoption of measures of expulsion or deportation and delivery abroad, the authorities of the requesting State.
For these purposes, they will act as central authorities referred to in Article IV of this Agreement.
3. For the purposes of the assistance referred to in this Article shall mean the border area to determine both Parties.
ARTICLE 4. CENTRAL AUTHORITIES. Requests for assistance under this agreement shall be made through the central competent authorities, as indicated in this statement:
1. For the Republic of Panama the central authority is the Ministry of Government and Justice.
2. a) For the Republic of Colombia the central competent authority shall be the Attorney General's Office;
B) the procedures concerning the freezing of assets, seizure of assets and proceeds of unlawful purposes or activities related to such activities, carried out as a result of this agreement, the Attorney General's Office to inform such requirements Minister of Justice and law.
The 5th ITEM. Principle of dual criminality.
1. Assistance will be provided when the act that gives rise punishable under the laws of both States.
ARTICLE 6o. CONFIDENTIALITY.
1. The Requested State shall keep confidential the request for assistance, unless its disclosure is necessary to execute the request.
2. If for compliance or enforcement of the requirement necessary to lift the reservation, the Requested State shall request the Requesting State approval, without which the order is not executed.
3. The Requesting State shall keep confidential evidence and information provided by the Requested State under this agreement, unless its disclosure is necessary for the investigation or proceedings described in the request.
4. The Requesting State shall not use for purposes other than those stated in a request, evidence or information obtained as a result thereof, without the prior consent of the Requested State.
ARTICLE 7. REFUSAL OF ASSISTANCE. The central authority of the Requested State may deny assistance when in his judgment:
a) the request for assistance is contrary to its law or not in accordance with the provisions of this agreement;
B) Consider that compliance with a request may hinder an investigation or pending criminal proceedings in that State. However, the granting of such request for assistance may be postponed or conditioned in the way deemed necessary. In this case, the central authority of the Requested State shall so notify the central authority of the Requesting State;
C) The request for assistance relates to an offense for which the person has been exonerated of criminal responsibility definitely having been convicted or is extinguished it;
D) The investigation has been initiated with the purpose of prosecuting or discriminating in any way to a person or group of persons because of race, sex, social status, nationality, religion or ideology;
E) The granting of assistance may affect the public order, sovereignty, security or basic public interests of the Requested State;
In any case, the Requested State shall inform in writing the Requesting State of the denial of care.
Article 8. FORMAL REQUIREMENTS.
1. Requests for assistance must be made in writing and contain the following information:
a) The competent authority is responsible for the investigation or prosecution;
B) Purpose of the request and description of the assistance requested;
C) Description of the facts constituting the offense under the assistance, in accordance with the law of the Requesting State. It must be attached or transcribed the text of the relevant statutory provisions;
D) Detail and basis of any particular procedure the Requesting Party wishes to be followed;
E) The term within which the requesting State wishes the request to be met.
2. Depending on the nature of the assistance requested, it will also be included:
a) The available information on the identity and residence or domicile of the person to be located;
B) The identity and residence or domicile of the person to be summoned or notified and the relationship that person has to the process;
C) The identity and residence or domicile of the persons to be requested for taking evidence;
D) A description of the place being registered and the objects to be apprehended;
E) A description of the goods for which immobilization or forfeiture is sought, or considered are available for immobilization or forfeiture, and its relationship to the person against whom legal proceedings initiated or is initiated;
F) Where applicable, a statement of the amount you want to freeze and confiscate;
G) Any other information necessary for the execution of the application.
3. If the Requested State considers that the information contained in the application is not sufficient to enable compliance with it, you may request additional information to the Requesting State.
Article 9. DELIVERY OF DOCUMENTS AND OBJECTS.
1. Any document, record or object that is delivered to the Requesting State, under the terms of this agreement shall be returned to the Requested State after the commission meets for which it was requested, within the shortest possible time, unless the Requested State waives this right explicitly.
2. Both Parties shall protect the interests of bona fide third parties may have on the objects to be delivered under a request for assistance.
ARTICLE 10. LIMITATIONS ON USE OF THIS AGREEMENT.
1. The Requesting State not use any information or evidence obtained under this Agreement for purposes other than those stated in the request without prior consent of the Requested State.
2. This agreement does not empower the Parties to perform in the territory of the State where the proceedings are carried out, functions reserved exclusively for the authorities of that State in accordance with its domestic law.
3. This agreement shall not apply to:
a) The detention of persons in order to be extraditas or extradition requests;
A) The transfer of criminal proceedings;
B) The transfer of prisoners for the purpose of complying sentence;
C) Assistance to individuals or third States.
ARTICLE 11. EXECUTION OF THE REQUEST FOR ASSISTANCE.
1. Under this agreement the tests that are practiced by the authorities of the Party shall be implemented in accordance with the law of that State. The assessment of such evidence shall be governed by the domestic law of the requesting Party.
2. The Requested State shall fix the date and place of the execution of the request for assistance and inform the requesting State, if it be the case.
3. The Requested State in accordance with its domestic law and at the request of the Requesting Party may receive affidavit of people within a process that is followed in the Requesting State and request the evacuation of the necessary tests in accordance with the procedures specified in the request .
4. The interrogation must be submitted in writing, and the Requested State after evaluating it, decide whether or not to proceed.
5. Evidentiary purposes, the Requested State at the request of the Requesting Party may provide copies of official documents, records or information which rest in an agency or government agency of that State.
6. Tests carried out by the competent authorities of the Requested State, in original or certified copies, will be transferred to the Requesting Party through the central authority defined herein.
ARTICLE 12. NOTIFICATION AND DELIVERY OF DOCUMENTS.
1. At the request of the requesting Party and to the extent possible, the Requested State shall record any summons, notice or delivery related to a request for assistance, or part of it, in accordance with their legal documents.
2. The Requested State shall return a proof of having done the diligence, according to the request for assistance.
ARTICLE 13 APPEARANCE OF WITNESSES AND EXPERTS.
1. At the request of the Requesting State, any person who is in the territory of the Requested State, may be notified or summoned to appear or to report to the competent authority to testify or produce documents, records or evidence, in accordance with the law of Requested State.
2. Upon request of the Requesting State, the central authority of the Requested State shall inform in advance the date and place of the taking of the testimony or expert evidence will be made.
3. When the Requesting State requests the appearance of a person in its territory to give testimony or report, the Requested State shall summon or notify the witness or expert to appear voluntarily before the competent authority of the Requesting State and without using threats or coercive measures. If the central authority of the requested Party is deemed necessary, it shall record in writing the consent of the person to appear in the Requesting State. The central authority of the Requested State shall promptly inform the central authority of the requesting of the response.
4. If the person summoned or notified to appear or a report or provide documents in the Requested State invoke immunity, incapacity or privilege under the laws of the Requesting State, your claim will be made known to it to resolve as appropriate.
5. The Requested State shall send to the Requesting Party proof of notification or summons has been made, detailing the manner and date it was made.
The state to which the witness or expert is transferred, when that person has agreed to cooperate with a request for assistance, shall ensure their personal safety.
ARTICLE 14. TEMPORARY
1. No person summoned or notified to appear as a witness or expert in the territory of the Requesting State pursuant to a request for assistance may be syndicated or prosecuted, detained or subjected to any restriction of personal liberty by reason of acts or omissions he has committed prior to his departure to the Requesting State.
2. The security referred to in this article, except fortuitous event or force majeure, will expire if ten (10) days after notifying that person who has met the diligence which was requested not to leave the Requesting State, or that, having done , returns for his will to that State.
ARTICLE 15. OTHER
probative measures. The Parties may agree to carry out other investigations referred by their legal systems and that have not been mentioned in this agreement. The Registrar shall be processed and executed in accordance with the provisions of this agreement.
ARTICLE 16. COSTS.
1. The ordinary costs of executing a request shall be borne by the Requested State, unless the State has decided otherwise. When required for this purpose substantial or extraordinary expenditures, States shall consult to determine the terms and conditions will be complied with the request, and how the costs will be.
2. Expert witness fees, travel expenses, accommodation and incidental witnesses or experts to be moved under a request for assistance, including those of officials accompanying them, borne by the Requesting State.
ARTICLE 17. FINAL PROVISIONS. The central authorities hold consultations agreed dates in order to assess the assistance in development of this Agreement.
Assistance and procedures provided herein are not intended to prevent any Party to attend the other in accordance with the provisions of other international agreements to which they are parties or domestic law. Parties may also be assisted in accordance with any agreement, treaty, agreement or applicable bilateral current practice.
ARTICLE 18. TERM AND TERMINATION.
1. Any dispute arising from the interpretation or application of this Agreement shall be settled between the central authorities and if they do not reach an agreement, will resort to consultations between the two Parties.
2. This Agreement shall enter into force sixty (60) days from the date days on which the Contracting Parties notify by diplomatic notes fulfilling their internal requirements.
3. This agreement may be terminated by either Party at any time, by diplomatic note which shall take effect six (6) months after the date of receipt by the other Contracting Party.
Done in the city of Panama, nineteen (19) days of the month November 1993, in two copies, each in Spanish language, both being equally valid and authentic.
For the Government of the Republic of Colombia, Noemi Sanin
The Minister of Foreign Affairs,
Andrés González Díaz.
The Minister of Justice and Law,
For the Government of the Republic of Panama, Jose Raul Mulino
The Minister of Foreign Affairs, B.
CHEVALIER JUAN BRAVO. "
The Minister of Government and Justice, RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe Bogotá, DC, June 18, 1997. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
Ernesto Samper Pizano VÉLEZ Maria Emma Mejia.
The Minister of Foreign Affairs, DECREES
ARTICLE 1o. To approve the "Agreement on legal assistance and mutual judicial cooperation between the Government of the Republic of Colombia and the Government of the Republic of Panama", made in the city of Panama the nineteen (19) of November in 1993 (1993 ). Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Agreement on legal assistance and mutual judicial cooperation between the Government of the Republic of Colombia and the Government of the Republic of Panama", made in the city of Panama the nineteen (19) of November in 1993 (1993), which article 1. this law passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3. This law applies from the date of publication. MEDINA ACOSTA Amylkar
The President of the honorable Senate,
PUMAREJO PEDRO VEGA.
The Secretary General of the honorable Senate,
CARLOS ARDILA BALLESTEROS.
The President of the honorable House of Representatives, DIEGO VIVAS
The Secretary General of the honorable House of Representatives,
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY. Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, 4 August 1998.
Ernesto Samper Pizano Camilo Reyes Rodriguez.
The Minister of Foreign Affairs, Almabeatriz
The Minister of Justice and Law,