Key Benefits:
479 OF 1998
(October 22)
Official Journal No 43,414 of 26 October 1998
By means of which the "Convention between the Republic of Colombia and the Republic of Peru on Judicial Assistance in Criminal Matters" is approved, signed in the city of Lima, the twelve (12) of July of a thousand nine hundred and ninety-four (1994).
COLOMBIA CONGRESS
Having regard to the text of the "Convention 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) of July of a thousand nine hundred and ninety-four (1994), which to the letter reads:
(To be transcribed: photocopy of the full text of the aforementioned International Instrument, duly authenticated by the head of the Legal Office of the Ministry of Foreign Affairs).
" CONVENTION 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, wishing to intensify their cooperation in the field of judicial assistance in criminal matters:
Acknowledging that the fight against crime requires the joint action of the States;
Taking into consideration the bonds of friendship and cooperation that unite them as neighboring countries;
In observance of the constitutional and legal and administrative norms of their States, as well as respect for the principles of international law, in particular that of sovereignty, territorial integrity and non-intervention;
Eager to advance joint actions for the prevention, control and repression of crime in all its forms, through the coordination of actions and implementation of concrete programs and to speed up the traditional mechanisms of assistance judicial;
Aware of the increase in criminal activity in border areas, the widest cooperation in accordance with the following procedure is agreed upon:
GENERAL PROVISIONS.
ARTICLE 1o. OBLIGATIONS OF ASSISTANCE.
1. to one of the Parties undertakes to provide the other Party in accordance with the provisions of this Convention with the widest assistance in the development of criminal judicial proceedings. In addition, the increased collaboration on the expulsion, deportation and delivery of nationals of the Requesting Party persecuted for justice that are irregularly located in the border area of the States Parties shall be provided.
It will be understood as "border zone" for the Republic of Colombia, the following municipal districts: Municipality of Leticia (Amazonas), municipality of Puerto Narino (Amazonas), Puerto Leguizamo (Putumayo), corregimiento of Atacuari, corregimiento El Encanto and corregimiento Arica. For the Republic of Peru: the district of Putumayo, Province of Maynas, department of Loreto. Such a border area shall be governed only for the purposes provided for in this Convention and shall be subject to enlargement according to the will of the Parties.
Such assistance especially includes:
(a) Practice and remission of the evidence and judicial proceedings requested;
(b) Issuance of documents and information in accordance with the terms and conditions of this Convention;
c) Notification of providences, cars, and statements;
(d) Localization and voluntary movement of persons for the purposes of this Convention as witnesses or experts;
e) The execution of experts, seizures, seizures, kidnappings, immobilization of assets, embargoes, as well as identifying or detecting the product of the goods or the instruments of the commission of a crime, eye inspections and records;
(f) The requested State and the requesting State shall distribute in equal parts the goods to be seized or the proceeds of the sale thereof, provided that there is effective collaboration between the two States;
g) Facilitate the entry and permit freedom of movement in the territory of the requested State to officials of the requesting State, subject to the authorization of the competent authorities of the requested State, in order to attend the practice of the actions described in this Convention, provided that the internal order of the requested State so permits;
h) Any other assistance agreed between the Parties.
2. In addition to the judicial assistance described in paragraph 1 of this article, the Parties undertake to provide the most extensive collaboration in the border area in the following terms:
(a) The national of one of the Parties who is requested by the judicial authorities of his or her country, by virtue of a measure that implies his deprivation of liberty, and which, in order to avoid it, has entered the border area of the other State Party, shall be deported or expelled from the territory of the State in which it is located, by the competent authorities, and driven to the border for delivery to the agents of the requesting State.
The above procedure shall be carried out in accordance with the Foreign Regime in force in each State, in such a way that the rights and guarantees of the affected are always respected;
(b) A request for assistance by the central authority of one of the States Parties shall be communicated by the central authority of one of the States to the officials responsible for immigration control, sending the documentation relevant in order to enable them to contest as quickly as possible, for the adoption of the expulsion or deportation measures and the delivery of the alien to the authorities of the requesting State.
For these purposes, they shall act as central authorities, as indicated in Article 4or. of this Convention;
(c) For the purposes of the assistance referred to in this Article, the Border Zone shall be the one referred to in Article 1or. Paragraph 1 of this Convention.
ARTICLE 2o. FACTS THAT RESULT IN ATTENDANCE.
1. The assistance is provided even if the fact that the requesting Party is proceeding is not intended as a crime by the requested Party.
2. However, for the execution of personal inspections and records, seizures, seizure of assets, kidnappings for probative purposes and telephone interception by a duly motivated judicial mandate, the assistance is provided only if the fact is The law of the Requested Party is also intended as a crime, or if it turns out that the person against whom the party proceeds, has freely expressed his consent in writing.
ARTICLE 3o. DENIAL OF ASSISTANCE.
1. 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 the legal order of that Party;
(b) If the fact, in relation to which it is derived, is considered by the required Party, political crime or exclusively military crime;
(c) If the requested Party has reasonable grounds to assume that considerations relating to the race, religion, sex, nationality, language, political views or personal or social conditions of the person imputed to crime can negatively influence the development of the process or the outcome of the process;
(d) If the person against whom is in the Requesting Party has already been judged by the same fact on the requested Party;
e) If the requested Party considers that the provision of assistance may cause reasonable harm to its sovereignty, security or other national essential interests.
2. However, in the cases provided for by points (b), (c) and (d) of point 1, the assistance is provided, if it appears that the person against whom the consent is derived has freely expressed his consent in writing.
3. Assistance may be rejected or deferred if the enforcement of the requested actions interferes with the judicial procedure that is followed in the requested Party, stating the reasons.
4. The requested State may consider, before denying or postponing compliance with a request for assistance, subject to certain conditions, which shall be established by the central authorities in each case.
5. In all cases, the refusal of assistance must be motivated.
ARTICLE 4. IMPLEMENTATION. The requirements for assistance under this Convention shall be made through the competent central authorities, as set out in this statement:
1. The Republic of Colombia designates the Office of the Prosecutor General of the Nation and the Republic of Peru as central authority to the Public Prosecutor's Office of the Nation. The central authority of the requested Party shall promptly address the requests, or where appropriate, transmit them to other competent authorities to implement them.
2. For the enforcement of the requested actions, the provisions of the law of the requested Party apply, except for the observation of the forms and modalities expressly identified by the requesting Party that are not contrary to the principles fundamental of the legal order of the requested Party.
3. The requested Party shall inform the requesting Party that it has so requested, the date and the place of execution of the required actions.
SPECIFIC FORMS OF ASSISTANCE.
ARTICLE 5o. NOTIFICATION AND DELIVERY OF DOCUMENTS.
1. At the request of the requesting Party and as far as possible, the requested Party shall be required to make any summons, notification or delivery of documents relating to or forming part of a request for assistance in accordance with its request. legal order.
2. The application for the purpose of the notification of shares must be duly substantiated and sent reasonably in advance of the date of the same notification.
3. The requested State shall return a record of having carried out the due diligence, according to the request for assistance.
ARTICLE 6o. DELIVERING DOCUMENTS, INFORMATION, AND OBJECTS.
1. Where the request for assistance is intended to send notices or documents, the requested Party has the power to forward certified copies, unless the requesting Party expressly requests the originals, the requested Party shall decide on its request. feasibility and shall communicate it to the requesting Party.
2. The original documents and notices and the objects sent to the requesting Party shall be returned as soon as possible to the requested Party, unless the latter expressly disclaims this right.
3. The requested State may provide copies of documents or information in possession of a government office or institution, but not available to the public, to the same extent and under the same conditions as it would provide to its own authorities responsible for enforcing the law. The requested State may, at its discretion, deny the application in whole or in part.
4. The documents provided under this article will be signed by the official in charge of keeping them in custody and certified by the central authority. No other certification or authentication will be required. Documents certified within the meaning of this paragraph shall be admissible proof of the veracity of the cases in which they are exposed.
ARTICLE 7o. APPEARANCE OF PERSONS AT THE REQUIRED PARTY.
1. If the provision of assistance involves the appearance of persons to provide a declaration or to provide documentary information or objects in the development of judicial proceedings in the territory of the requested Party, that Party may require and apply the coercive measures and the penalties provided for by their own law.
2. However, when it comes to the appearance of imputed, the requesting Party must indicate in the application, the measures that would be applicable according to its law and the requested Party may not exceed such measures.
3. The central authority of the requested State shall inform in advance the date and place of receipt of the testimony or the expert evidence.
4. If the person cited or notified to appear or report or provide documents in the requested State shall invoke immunity, incapacity or privileges under the laws of the requesting State, his claim shall be made known to him in order to resolve the relevant.
5. The requested State shall send the requesting Party a record of having made the notification or the citation detailing the manner and date of the notification.
6. The requested State shall have the presence of the persons appointed in the request for assistance. During the performance of the latter and, subject to the laws of the requested State, it shall permit the same to interrogate through the competent authority the person whose testimony has been requested. The requesting State shall be responsible for any acts which impede or prevent the participation in the proceedings of persons who are legitimate.
ARTICLE 8o. APPEARANCE OF PERSONS IN THE REQUESTING PARTY.
1. If the application is intended to notify a summons to appear in the requesting State, the person, the witness or the expert who does not attend may not be subjected by the requested Party to sanctions or coercive measures that exceed the provided for in the legislation of the requesting Party.
2. The requesting Party shall bear the costs and indemnities in accordance with the provisions of its law to the witness or expert who complies with the summons. The requested Party, at the request of the other Party, may provide an advance. The requested person shall be informed of the class and amount of the costs that the requesting State has consented to pay.
3. Any person referred to or notified to appear as a witness or expert in the territory of the requesting State in compliance with a request for assistance shall be subject to the provisions of the law of the requesting State.
ARTICLE 9o. COOPERATION FOR THE PRACTICE OF TESTING. At the request of the requesting Party, the requested Party shall provide the necessary facilities and assurances for the conduct of trials and judicial proceedings within its territory.
1. In cases where the application is for the purpose of summoning a person to appear in the requested Party, the person cited, if he appears, cannot be subjected to coercive procedures restricting personal freedom, by facts. prior to notification of the citation.
2. The guarantee provided for in paragraph 1 ceases if the person claimed, having had the possibility, has not left the territory of the requesting Party, after 15 days after his presence is no longer required by the authority If you have left it, you have returned to it voluntarily.
3. The State to which the witness or expert is transferred, when such person has agreed to cooperate with a request for assistance, shall ensure their personal security.
ARTICLE 11. SENDING STATEMENTS AND CERTIFICATES FROM THE JUDICIAL REGISTRY.
1. The requested Party, when sending a criminal sentence, shall also provide the information concerning the respective procedure which has been requested by the requesting Party.
2. The certificates of judicial registration necessary to the judicial authority of the requesting Party for the development of a criminal procedure shall be sent to that Party as soon as possible.
ARTICLE 12. PLAZA. In any request for assistance in which there is a period of time to be carried out, the requesting State shall send the request to the requested State at least 30 days in advance of the established term. In urgent cases, the requested State may waive the deadline for notification.
1. The requested State, in accordance with its domestic law and at the request of the requesting State, may receive a declaration of persons within a process that is followed in the requesting State and request the evacuation of the necessary evidence.
2. Any interrogation shall be submitted in writing and the requested State shall decide on its provenance.
3. All Parties involved in the process may be present in the interrogation that will always be subject to the laws of the requested State.
4. The requested State may provide any evidence which is in its territory and which is linked to any process in the requesting State, provided that the request for assistance is made by the central authority of the requesting State. the terms and conditions of this Convention.
ARTICLE 14. LOCATION AND IDENTIFICATION OF PERSONS. The requested State shall deploy its best efforts in order to locate and identify any persons identified in a request for assistance and shall keep the requesting State informed of progress and results of their investigations.
ARTICLE 15. SEARCH AND APPREHENSION.
1. Any request for the search, apprehension and/or delivery of any object to the requesting State shall be fulfilled if it includes information justifying such action under the laws of the requested State.
2. Officials of the requested State who have custody of apprehended objects shall certify the continuity of custody, the identity of the object and the integrity of their condition; and such document shall be certified by the central authority. No other certification or authentication shall be required. Certificates shall be admissible in the requesting State as evidence of the veracity of the cases in question.
3. The requested State shall not be obliged to provide the requesting State with any object apprehended, unless the latter agrees to fulfil the conditions laid down by the requested State in order to protect the interests which third parties may have in the object to be delivered.
ARTICLE 16. ASSISTANCE IN CONFISCATION PROCEDURES AND OTHERS.
1. If one of the Contracting Parties is aware of the existence of the means for the commission of the offence and of the fruits resulting from it located in the territory of the other Contracting Party, which may be seized, seized or otherwise (a) to be taken into account in accordance with the laws of that State, to communicate this fact to the central authority of another State. If that other State has jurisdiction, it shall submit such information to its authorities in order to determine whether any action should be taken. These authorities shall issue their decision in accordance with the laws of their country and, through their central authority, inform the other State of the action taken.
2. The Contracting Parties shall provide judicial assistance to the extent permitted by their respective laws and by this Convention in the procedures related to the confiscation of the means used in the commission of crimes and fruits. from the same, the refunds to the victims of crimes and the payment of fines imposed as conviction in criminal trials.
ARTICLE 17. INFORMATION RELATING TO CONVICTIONS. Each Party shall report annually to the other Party in respect of sentences of conviction issued by its own judicial authorities, against citizens of those Parties.
PROCEDURE AND EXPENSES.
1. Assistance shall be provided at the request of the requesting Party.
2. The request must contain the following information:
(a) The judicial authority involved and the identifying data of the person to whom it is processed, as well as the object and nature of the procedure and the rules applicable to the case;
b) The object and reason for the request;
(c) Description of the facts constituting the crime subject to the assistance, in accordance with the legislation of the requesting State. The text of the relevant legal provisions, duly certified, must be transcribed or attached;
d) Detail and foundation of any particular aspect or procedure that the Requesting Party wishes to follow;
e) The term within which the requesting State would like the request to be
accomplished.
3. Depending on the nature of the assistance requested, it will also include:
(a) The information available on the identity and residence or address 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 the person has with the process;
(c) The identity and residence or domicile of the persons who are requested for the practice of testing;
d) The description of the place object of the record and the objects to be apprehended;
(e) Mention of the type of goods in respect of which the immobilization, confiscation, seizure, abduction and/or seizure is sought, and their relationship with the person against whom a judicial proceeding was initiated or initiated;
f) Where the case is an accuracy of the amount to which the precautionary measure is affected;
g) The special forms and modalities required for the execution of the actions, as well as the identifying data of the authorities or private parties that may participate;
h) Any other information that is required for the execution of the request.
If the requested State considers that the information contained in the request is not sufficient to permit compliance with it, it may request additional information from the requesting State.
ARTICLE 19. Communications. Communications between the Parties shall be made through their respective Ministries of Foreign Affairs.
1. The ordinary costs incurred in carrying out the application shall be borne by the requested State, unless the States have decided otherwise. Where high or extraordinary expenses are required for this purpose, the States shall consult each other in order to determine the terms and conditions under which the application is to be complied with, as well as the manner in which the expenditure shall be borne.
2. The fees of experts, as well as travel, accommodation, travel expenses and unforeseen expenses of the witnesses or experts to be transferred pursuant to a request for assistance, including those of the officials accompanying them, shall be charged. on behalf of the requesting State.
ARTICLE 21. CONFIDENTIALITY. Any processing or evidence provided by reason of this Convention shall be maintained in strict confidentiality, unless these are required in investigations that form part of a criminal process described in the application. of assistance, or that the requesting State and the requested State agree otherwise.
ARTICLE 22. FINAL PROVISIONS. The central authorities shall hold consultations on agreed dates in order to assess the assistance provided under this Convention.
The assistance and procedures provided for in this Convention shall not prevent either Party from assisting the other Party, in accordance with the provisions of other international agreements of which it is a Party or its domestic law.
ARTICLE 23. INTERPRETATION. Any dispute arising out of the interpretation or application of this Convention shall be settled between the central authorities and in the event of failure to reach an agreement, consultations shall be conducted between the two Parties.
ARTICLE 24. RATIFICATION AND ENTRY INTO FORCE.
1. This Convention shall be for an indefinite period and shall enter into force at the age of 60 days from the date on which the Contracting Parties communicate by diplomatic note the fulfilment of their internal requirements.
2. This Convention may be denounced by one of the Parties at any time by means of 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 within the scope of this agreement shall be addressed even if it has been denounced.
Subscribed in Lima, twelve days of the month of July of a thousand nine hundred and ninety-four, in duplicate, in Spanish, being both texts equally authentic.
By the Republic of Colombia,
NOEMI SANIN DE RUBIO.
The Foreign Minister,
ANDRÉS GONZÁLEZ DÍAZ.
The Minister of Justice and Law,
By the Republic of Peru,
EFRAIN GOLDENBERG SCHREIBER.
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,
NOTES:
That the present reproduction is photocopy taken from the original text of the "Convention between the Republic of Colombia and the Republic of Peru on Mutual Assistance in Criminal Matters", signed in Lima on the twelve (12) of July of a thousand nine hundred and ninety and four (1994), which rests in the archives of the Legal Office of the Ministry of Foreign Affairs.
Dada in the city of Santa Fe de Bogota, D. C., at seventeen (17) days of the month of July of a thousand nine hundred and ninety-seven (1997).
HECTOR ADOLFO SYNTURA VARELA.
The Chief Legal Office,
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C., July 25, 1997
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.), ERNESTO SAMPER PIZANO
(Fdo.), MARIA EMMA MEJIA VELEZ.
The Foreign Minister,
DECRETA:
ARTICLE 1o. Approve the "Convention 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) of July of one thousand nine hundred and ninety-four (1994).
ARTICLE 2o. In accordance with the provisions of Article 1. of Law 7a. In 1944, the "Convention 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) of July of one thousand nine hundred and ninety-four (1994), as per Article 1. of this law shall be adopted, shall bind the country from the date on which the international link with respect to the law is perfected.
ARTICLE 3o. This law governs from the date of its publication.
FABIO VALENCIA COSSIO.
The President of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The Secretary General of the honorable Senate of the Republic,
EMILIO MARTINEZ ROSALES.
The President of the honorable House of Representatives,
GUSTAVO BUSTAMANTE MORATTO.
The Secretary General of the honorable House of Representatives,
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY.
Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.
Dada en Santa Fe de Bogota, D. C., on October 22, 1998.
ANDRES PASTRANA ARANGO
GUILLERMO FERNANDEZ DE SOTO.
The Foreign Minister,
PARMENIO HANG BASED.
The Minister of Justice and Law,
