ACT 479 OF 1998
Official Journal No 43414 of 26 October 1998
Through which the "Agreement between the Republic of Colombia and the Republic of Peru on assistance approved in criminal matters ", signed in the city of Lima, the twelve (12) July in 1994 (1994). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Agreement between the Republic of Colombia and the Republic of Peru on judicial assistance in criminal matters", signed in the city of Lima, the twelve (12) July thousand hundred ninety-four (1994), which reads:
(to be transliterated: 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).
"AGREEMENT BETWEEN THE REPUBLIC OF COLOMBIA AND THE REPUBLIC OF PERU ON JUDICIAL
ASSISTANCE IN CRIMINAL MATTERS The Republic of Colombia and the Republic of Peru, Desiring to intensify their cooperation in the field of judicial assistance criminal:
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 the constitutional and 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 actions to prevent, control and suppress crime in all its forms, through the coordination of activities and implementation of specific programs and to streamline the traditional mechanisms of 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:
TITLE I. GENERAL PROVISIONS.
ARTICLE 1o. OBLIGATIONS OF ASSISTANCE.
1. to Party undertakes to provide to the other Party in accordance with the provisions of this Convention the broadest possible assistance in the development of criminal judicial proceedings. Also, it is provided greater collaboration on expulsion, deportation and surrender of nationals of the requesting Party prosecuted who are illegally in the border area of the States Parties.
Shall be understood as "border zone" for the Republic of Colombia, the following municipal districts: Municipality of Leticia (Amazonas), municipality of Puerto Nariño (Amazonas), Puerto Leguizamo (Putumayo), village of Atacuarí, corregimiento El Encanto and Arica judges. For the Republic of Peru: the Putumayo district, Maynas province, Loreto department. Such border area governed for the purposes specified in this Agreement and shall be subject to extension by the will of the parties only. Such assistance includes especially
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 relocation of people for the purposes of this Convention as witnesses or experts;
E) The execution of expert opinions, forfeitures, seizures, abductions, asset freeze, embargoes, as well as identifying or tracing proceeds of goods or instruments of a crime, visual inspections and records;
F) The requested State and the requesting State shared equally the property subject to forfeiture or the proceeds of sale thereof, provided that there is effective collaboration between the two states;
G) To facilitate the entry and allow freedom of movement within the territory of the requested State officials requesting State, prior authorization of the competent authorities of the State in order to attend the practice of the actions described in the this Agreement, provided that the domestic law of the requested State so permits;
H) Any other assistance agreed between the Parties.
2. In addition to the legal assistance described in paragraph 1 of this Article, the Parties undertake to provide the broadest cooperation in the border area in the following terms:
A) A national of one of the parties requested by the judicial authorities of his country, under a measure involving deprivation of liberty, and to avoid it has entered the border area of another State Party , it will be deported or expelled from 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;
B) Received a request for assistance by the central authority of a State Party, it shall communicate such request expeditiously to 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 to the authorities of the requesting State.
For those effects will act as central authorities, those listed in Article 4o. of this Convention;
C) For the purposes of the assistance referred to in this article shall mean the Border Area specified in Article 1o. paragraph 1 of this Convention.
. MADE AVAILABLE FOR ASSISTANCE.
1. The assistance is still provided when the act for which proceeds in the requesting Party is not intended as an offense by the requested Party.
2. However, for the execution of personal inspections and searches, seizures, freezing of assets, kidnapping for evidentiary purposes and wiretapping injunctive duly motivated, assistance is provided only if the act for which proceeds in the requesting Party is offense also provided by the law of the requested Party, or if it turns out that the person against whom it is appropriate, they freely expressed their consent in writing.
ARTICLE 3. DENIAL OF SERVICE.
1. The assistance is denied:
a) If the requested actions are prohibited by the law of the requested Party, or are contrary to the fundamental principles of law of that Party;
B) If fact, in relation to which appropriate, is considered by the requested Party political offense or a purely military offense;
C) If the requested Party has reason to assume that considerations of race, religion, sex, nationality, language, political opinions or personal or social conditions of the person accused of the crime can influence negatively on the development of the process or the result thereof;
D) If the person against whom it is applicable in the requesting Party has already been tried for the same offense in the requested Party;
E) If the requested Party considers that the provision of assistance may cause a reasonable prejudice to their sovereignty, national security or other essential interests.
2. However in cases provided by subsections b), c) and d) of paragraph 1, the assistance is provided, if it turns out that the person against whom it proceeds has freely expressed consent in writing.
3. Assistance may be refused or delayed if the execution of the requested actions interfere with the judicial procedure followed in the requested Party, indicating the reasons.
4. The requested State may consider, before refusing or postponing the execution of a request for assistance, it subject to certain conditions which shall be established by the central authorities in each case.
5. In all cases the denial of assistance must be motivated.
ARTICLE 4. PERFORMANCE. Requests for assistance under this Agreement shall be made through the central competent authorities, as indicated in this statement:
1. The Republic of Colombia designated as central authority to the Attorney General's Office and the Republic of Peru designated as central authority to the Ministry National Public Prosecutor's Office. The central authority of the requested Party shall comply expeditiously requests, or when appropriate, shall transmit them to other competent authorities to implement them.
2. For the execution of the requested actions the provisions of the law of the requested Party, except observing the forms and procedures expressly identified by the requesting party are not contrary to the fundamental principles of law of the requested Party shall apply.
3. The requested Party inform the requesting Party has so requested, the date and place of execution of the required actions.
Specific forms of assistance.
The 5th ITEM. NOTIFICATION AND DELIVERY OF DOCUMENTS.
1. At the request of the requesting Party and to the extent possible, the requested Party shall record any summons, notice or delivery of documents related to a request for assistance or that part of it in accordance with its legal system.
2. The application need for notifications of actions must be duly substantiated and sent in reasonable anticipation regarding the date useful for the same notification.
3. The Requested State shall return proof of having completed the due diligence, according to the request for assistance.
ARTICLE 6o. DELIVERY OF DOCUMENTS, INFORMATION AND OBJECTS.
1. When the request for assistance is aimed at sending notices or documents, the requested Party has the power to submit certified copies, unless the requesting Party expressly requests the originals, the requested Party will decide its viability and notify the requesting Party.
2. Documents and objects original notices and sent to the requesting Party shall be returned as soon as possible to the requested Party, unless the latter expressly waived this right.
3. The requested State may provide copies of documents or information in the possession of an office or government agency, but not publicly available, to the same extent and under the same conditions as would provide its own authorities responsible for law enforcement. The requested State may, at its discretion, deny the whole or in part.
4. Documents provided under this Article shall be signed by the official in charge of keeping them in custody and certified by the central authority. other certification or authentication is not required. Certified documents pursuant to the provisions of this paragraph shall be admissible evidence of the truth of the matters set forth therein.
ARTICLE 7. Appearance of persons in the requested Party.
1. If the provision of assistance involves the appearance of persons to give evidence or provide documentary information or objects in the development of legal proceedings in the territory of the requested Party, that Party may require and applying enforcement measures and sanctions provided for by its own law.
2. However, when it comes to the appearance of defendants, the requesting party must indicate on the application, the measures that would be applicable by law and the requested Party can not exceed such measures.
3. The central authority of the requested State shall inform in advance the date and place where the taking of the testimony or expert evidence will be made.
4. If the person summoned or notified to appear or a report or provide documents in the State will 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 a certificate of notification or summons have been made detailing the manner and date it was made.
6. The requested State shall have the presence of the persons named in the request for assistance. During this meeting and, subject to the laws of the State, will allow the same question through the competent authority to the person whose testimony is sought. The requesting State shall be responsible for the acts that hinder or prevent the participation in the proceedings of legitimated persons.
Article 8. Appearance of persons in the requesting Party.
1. If the application concerns the notification of a summons to appear in the requesting State, the accused, the witness or expert who does not attend can not be submitted by the Party requested to sanctions or enforcement measures which exceed those provided for in the legislation of the requesting Party.
2. The witness or expert to comply with the subpoena, the requesting Party shall bear the expenses and compensation according to the provisions of the law. The requested Party shall, at the request of the other Party, may provide an advance. The requested person shall be informed of the kind and amount of expenses that the requesting State has agreed to pay.
3. Any person summoned or notified to appear as a witness or expert in the territory of the requesting State pursuant to a request for assistance, shall be subject to the provisions of the law of the requesting State.
Article 9. COOPERATION FOR PRACTICE TEST. At the request of the requesting Party, the requested Party shall provide the facilities and assurances necessary for the performance of tests and prosecution within its territory.
ARTICLE 10. GUARANTEES.
1. In cases where the application concerns the summons a person to appear in the requested Party, the person said, if appears, can not be subjected to restrictive enforcement procedures of personal liberty for acts prior to notification of the citation.
2. The security provided by paragraph 1o., Ceases if the requested person, having had an opportunity, has not left the territory of the requesting Party after fifteen days after his presence is no longer required by the judicial authority or , having left, he has voluntarily returned to him.
3. The state to which the witness or expert is transferred when the person has agreed to cooperate with a request for assistance, ensure their personal safety.
ARTICLE 11. SENDING
JUDGMENTS AND JUDICIAL CERTIFICATES OF REGISTRATION.
1. The requested Party, when you send a criminal sentence also provide indications concerning the respective procedure which have eventually been requested by the requesting Party.
2. Court record certificates necessary for the judicial authority of the requesting Party for the conduct of criminal proceedings, will be sent to the Party as soon as possible.
ARTICLE 12. DEADLINES. A request for assistance in a schedule during exists, the requesting State shall forward the application to the requested State at least 30 days before the term established. In urgent cases, the requested State may waive the deadline for notification.
ARTICLE 13. EVIDENCE.
1. The requested State in accordance with its domestic law and at the request of the requesting State may receive statements of persons within a process followed in the requesting State and request the evacuation of the necessary evidence.
2. Any examination must be submitted in writing and the requested State after evaluating it, decide on its origin.
3. All parties involved in the process may be present during the interrogation that will always be subject to the laws of the State.
4. The requested State may provide any evidence that is in their territory and which is linked to some process in the requesting State, provided that the central authority of the State making the request for assistance in accordance with the terms and conditions of this agreement.
ARTICLE 14. LOCATION AND IDENTIFICATION OF PEOPLE. The requested State use its best efforts to locate and identify any persons named in a request for assistance and keep the requesting State informed of the progress and results of their research.
ARTICLE 15 SEARCH AND ARREST.
1. Any request for search, seizure and / or delivery of any object to the requesting State will be fulfilled if it includes the information justifying such action under the laws of the State.
2. The officials requested State having custody of seized objects shall certify the continuity of custody, the identity of the object and the integrity of its condition; and the document will be certified by the central authority. It will not require further certification or authentication. The certificates shall be admissible in the requesting State as evidence of the truth of the matters set forth therein.
3. The requested State is not obliged to give the requesting State any apprehended object, unless the latter agrees to comply with the conditions that the requested State point to protect the interests of third parties may have on the object to be delivered.
ASSISTANCE ARTICLE 16. SEIZURE AND OTHER PROCEDURES.
1. If one of the Contracting Parties noticing the existence of the means to commit the crime and the fruits from the same located in the territory of the other Contracting Party, which could be seized, confiscated or otherwise apprehended manner consistent with the laws of that State, shall communicate this to the central authority of another State. If that other state has jurisdiction, it shall submit such information to its authorities to determine whether to take any action. These authorities will issue its decision in accordance with the laws of their country and, through its central authority shall inform the other State of the action taken.
2. The Contracting Parties legal assistance will be provided to the extent permitted by their respective laws and this agreement, in proceedings related to the confiscation of the means used in the commission of crimes and the fruits from them, refunds on victims of crime and the payment of fines imposed as sentences in criminal trials.
ARTICLE 17 INFORMATION RELATED SENTENCES. Each Party shall report annually to the other Party regarding the convictions handed down by their own judicial authorities against citizens of the Contracting Parties.
PROCEDURE AND EXPENSES.
ARTICLE 18. PROCEDURES.
1. Assistance will be provided at the request of the requesting Party.
2. The application must contain the following information:
a) the judicial authority intervenes and personal details of the person to whom it is processed, and the purpose and nature of the procedure and rules applicable to the case;
B) The purpose and reason for the request;
C) Description of the facts constituting the offense under the assistance, in accordance with the law of the requesting State. It must be repeated or attached the text of the relevant laws, duly certified;
D) Detail and foundation of any aspect or particular procedure the requesting Party wishes to be followed;
E) The term within which the requesting State wishes the request to be fulfilled
3. Depending on the nature of the assistance requested, it will also include:
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) The description of the location object registration and the objects to be apprehended;
E) Mention the type of goods for which the freezing, seizure, confiscation, sequestration and / or seizure is requested, and their relationship to the person against whom legal proceedings initiated or is initiated;
F) When the case may amount to accuracy amounting involvement of the injunction;
G) The forms and possibly special arrangements required for the implementation of actions and personal details of the authorities or private parties can participate;
H) Any other information necessary for the execution of the application.
If the requested State considers that the information contained in the application is not sufficient to enable compliance with it, may request additional information to the requesting State.
ARTICLE 19. COMMUNICATIONS. Communications between the Parties, shall be made through their respective Ministries of Foreign Affairs.
ARTICLE 20 EXPENSES
1. The ordinary costs of executing the request shall be borne by the requested State, unless the State has decided otherwise. When required for this purpose high or extraordinary expenses, 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 and travel expenses, accommodation, per diem and unforeseen witnesses or experts are moved under a request for assistance, including those of officials accompanying them, borne by the requesting State.
ARTICLE 21. CONFIDENTIALITY. Any processing or evidence provided by reason of this Agreement shall remain strictly confidential, unless they are required in investigations that are part of criminal proceedings described in the request for assistance, or that the requesting State and the requested State agree otherwise .
ARTICLE 22. FINAL PROVISIONS. The central authorities hold consultations agreed dates in order to assess the assistance provided under this agreement.
Assistance and procedures provided for in this Agreement shall prevent any Party to attend the other, in accordance with the provisions of other international agreements to which they are parties or domestic law.
ARTICLE 23. INTERPRETATION. Any dispute that may arise concerning 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.
ARTICLE 24. RATIFICATION AND ENTRY INTO FORCE.
1. This agreement is of indefinite duration and shall enter into force sixty days from the date on which the Contracting Parties notify by diplomatic notes fulfilling their internal requirements.
2. This agreement may be terminated by either Party at any time by a diplomatic note which shall take effect six (6) months after the date of receipt by the other Contracting Party.
3. The request for judicial assistance made within the term of this agreement shall be dealt with even if it has been reported.
Signed in Lima, on the twelfth day of July in 1994, in duplicate, in Castilian language, both being equally authentic.
For the Republic of Colombia, Noemi Sanin
The Minister of Foreign Affairs,
Andrés González Díaz.
The Minister of Justice and Law,
For the Republic of Peru,
The President of the Council of Ministers and Minister of Foreign Affairs, Fernando Vega Santa Gadea
The Minister of Justice,
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs of Colombia, DECLARES
That this play is a photocopy taken from the original text of the "Agreement between the Republic of Colombia and the Republic of Peru on judicial assistance in criminal matters", signed in Lima on twelve (12) July in 1994 (1994), which rests in the archives of the Legal Office of the Ministry of Foreign Affairs.
Given in the city of Santa Fe de Bogota, DC, at seventeen (17) days of July in 1997 (1997).
VARELA HECTOR ADOLFO Sintura.
Chief Legal Office, RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, July 25, 1997 Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
Ernesto Samper Pizano (Sgd.), Maria Emma Mejia Velez.
The Minister of Foreign Affairs, DECREES
ARTICLE 1o. To approve the "Agreement between the Republic of Colombia and the Republic of Peru on judicial assistance in criminal matters", signed in the city of Lima, the twelve (12) July in 1994 (1994). Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Agreement between the Republic of Colombia and the Republic of Peru on judicial assistance in criminal matters", signed in the city of Lima, the twelve (12) July in 1994 (1994), which Article 1o. 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.
Fabio Valencia Cossio.
The President of the honorable Senate,
PUMAREJO PEDRO VEGA.
The Secretary General of the honorable Senate,
EMILIO MARTINEZ ROSALES.
The President of the honorable House of Representatives,
GUSTAVO BUSTAMANTE Moratto.
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, DC, 22 October 1998.
Andres Pastrana Guillermo Fernandez de Soto.
The Minister of Foreign Affairs,
PARMENIO CUÉLLAR BASTIDAS.
The Minister of Justice and Law,