ACT 492 OF 1999
Official Gazette No. 43483 of January 22, 1999
Through which the "Agreement on Mutual Legal Assistance in Criminal Matters between the Republic of Colombia approved and the Republic of Argentina ", made in Buenos Aires, Argentina, the three (3) April in 1997 (1997). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Agreement on Mutual Legal Assistance in Criminal Matters between the Republic of Colombia and the Republic of Argentina", made in Buenos Aires, Argentina, the three (3) April thousand nineteen ninety-seven (1997), 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).
®Acuerdo mutual legal assistance in criminal matters between Republic of Colombia to
Republica Argentina and the Governments of the Republic of Colombia and Argentina;
Inspired by the desire to intensify judicial 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 unite them;
In observance of constitutional, legal and administrative norms of their States and respect for the principles of international law;
Reaffirming respect for national sovereignty and equality of rights and mutual interests;
Convinced of the need to develop joint actions to prevent, control and suppress crime in all its forms, through coordination and implementation of specific programs and to streamline the traditional mechanisms of legal and judicial assistance;
Aware that the increase in criminal activities makes it necessary to strengthen cooperation mechanisms and legal and judicial assistance in criminal matters;
ARTICLE 1o. AREA OF APPLICATION.
The parties undertake to provide mutual assistance in accordance with the provisions of this Agreement and their respective legal systems, in conducting investigations and criminal proceedings initiated by facts whose knowledge appropriate to the competent authorities of the requesting Party.
Assistance shall be provided even if the facts which requested did not constitute an offense under the laws of the Requested Party.
However, when the request for assistance concerns the execution of a seizure, provisional or protective measures, house searches, interception of telecommunications and correspondence or judicial inspections, assistance will be granted only if the act for which is requested it was also considered a crime by the law of the Requested Party.
1. For the purposes of this Agreement:
a) "Letters rogatory, urge or request for judicial assistance" shall be understood as synonyms;
B) "Confiscation" means the permanent deprivation of property, proceeds or instruments of crime, by decision of a court or other competent authority;
C) "instruments of crime" means any property used or intended to be used for the commission of a crime;
D) "Proceeds of crime" means any property derived from or obtained, directly or indirectly, by any person of an offense or the equivalent value of goods;
E) "Property" means assets of any kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets;
F) "Arrest, Kidnapping or seizure of property" means temporarily prohibiting the transfer, conversion, disposition or move goods and temporary custody or control of property by order issued by a court or by an authority competent.
ARTICLE 3o. SCOPE OF ASSISTANCE.
1. The parties mutual assistance in the exchange of information, evidence, prosecutions and proceedings in criminal matters will be provided. Such assistance shall include, inter alia:
a) Location and identification of persons and property;
B) Service of process;
C) Referral of judicial documents and information;
D) Execution of private property and judicial inspections;
E) Receipt of testimony and interrogation of defendants;
F) Summons and voluntary relocation of people for the purposes of this Agreement, as defendants, witnesses or experts;
G) Transfer of detainees to testify in the territory of the Requesting Party;
H) Embargo, seizure and confiscation of assets;
I) Any other form of assistance, provided that the law of the Requested Party permits and in accordance with the provisions of Article 9 of this Agreement.
2. The Parties shall facilitate the entry and presence in the territory of the Requested State competent authorities of the requesting Party to attend and participate in the practice of the actions requested, provided this does not contravene the provisions of its domestic law. Officials of the Requesting Party shall comply with the authorization of the competent authorities of the Requested Party.
. LIMITATIONS ON THE SCOPE OF ASSISTANCE.
1. The Requesting Party shall not use any information or evidence obtained under this Agreement for purposes other than those stated in the request for judicial assistance without prior authorization of the Requested Party.
2. This Agreement shall not entitle the parties to implement 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 for the purpose of their extradition, or requests for extradition;
B) The transfer of sentenced persons for the purpose of complying sentence;
C) Assistance to individuals or third States.
The 5th ARTICLE. CENTRAL AUTHORITIES.
1. Requests for assistance under this Agreement are formulated, and their answers will be sent and received through the Central Authorities, as shown in the following statement:
a) For the Argentina Party, the Authority Central will be the Ministry of Foreign Affairs International Trade and Worship;
B) With respect to requests for assistance received by Colombia, the Central Authority shall be the Attorney General's Office; in relation to requests for judicial assistance submitted by Colombia, the Central Authority shall be the Attorney General's Office or the Ministry of Justice and Law.
2. To this end, the central authorities shall communicate directly with one another and submit requests, as appropriate, its competent authorities.
The competent authorities are in the Republic of Colombia, the judicial authorities and, in Argentina, the judicial authorities and the Public Prosecutor.
Article 7. APPLICABLE LAW.
A) Applications will be fulfilled in accordance with the law of the Requested Party unless otherwise provided in this Agreement;
B) The Requested Party shall provide judicial assistance in accordance with the special forms and procedures indicated in the request of the Requesting other than where they are incompatible with its domestic law.
1. The Requested Party shall keep reserves the request for judicial 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 Party shall request approval to the Requesting Party, by written communication, without which the application will not run.
3. The Requesting Party shall keep the book of evidence and information provided by the Requested Party unless its disclosure is necessary for the investigation or proceedings described in the application.
Article 9. Requests for legal assistance.
1. The request for judicial assistance shall be made in writing. Under circumstances of urgency or where otherwise permitted by the Requested Party, requests may be made through a transmission by fax or other electronic means, but must be formalized as soon as possible and contain at least the following information:
a) Name of the competent authority which is responsible for the investigation or proceedings;
B) Purpose of the request and description of the assistance requested;
C) Description of the facts constituting the offense subject of the request for judicial assistance by attaching or transcribed, in the case of offenses, the text of the relevant statutory provisions;
D) Detail and foundation of any special procedure that the Requesting Party wishes to practice;
E) The term within which the requesting Party would like the request to be met;
F) Should it be the case, the identity, nationality and residence or domicile of the person who should be summoned or notified and the relationship that person has to the investigation or prosecution;
G) If it is the case, the identity, nationality and residence or domicile of the person who is subpoenaed to test execution.
ARTICLE 10. ATTENDANCE
1. The competent authority of the Requested Party, if it determines that the execution of a request shall obstruct any investigation or criminal proceedings being conducted in that State may defer compliance or condition it in the manner it deems necessary.
2. The Central Authority of the Requested Party shall inform the Central Authority of the Requesting Party the discussion in the preceding paragraph, to accept it tied aid in this case will have to submit to the conditions.
3. When a request for judicial assistance can not be met in whole or in part, the Requested Party shall inform the requesting Party expressly stating the reasons or causes of the breach, in which case the requesting Party shall decide whether insists on the application or withdraws she.
ARTICLE 11. REJECTION OF THE APPLICATION.
1. The Requested Party may refuse assistance if:
a) The request for judicial assistance is contrary to its law or not in accordance with the provisions of this Agreement;
B) Consider that compliance with the request would interfere with an investigation or pending criminal proceedings in that State, except as provided in Article 10 of this Agreement;
C) The request for judicial assistance relates to an offense for which the person has been exonerated of criminal responsibility definitely habiéndosela or convicted, has served or extinguished it;
D) The investigation has been initiated with the purpose of prosecuting or discriminating in any way against a person or group of persons because of race, sex, social status, nationality, religion, ideology or any other form of discrimination;
E) The granting of assistance may affect the public order, sovereignty, national security or basic public interests of the Requested State;
F) The request for judicial assistance refers to a political, military or related offenses with them.
2. The Requested Party shall inform motivated by the Requesting Party written refusal of assistance.
ARTICLE 12. EXECUTION OF REQUEST FOR JUDICIAL ASSISTANCE.
1. The Requested Party shall fix the date and place of the execution of the request for judicial assistance and communicated in writing at the request of the Requesting Party.
2. The tests that are practiced by the competent authorities of the Requested Party implemented in accordance with its legal system. The assessment of such evidence shall be governed by the domestic law of the requesting Party.
3. The Requested Party in accordance with its domestic law and at the request of the Requesting Party may receive testimony from people traveling to a proceeding or investigation to continue in the Requesting State. The Requesting Party may request the execution of the necessary tests in accordance with the procedures specified in the request.
4. The interrogation must be submitted in writing and the Requested Party, after evaluating it, decide whether or not to proceed.
5. The Requested Party at the request of the Requesting Party may provide for evidentiary purposes, copies of official or private documents, records or information which rest in an agency or governmental or private agency that Party, provided that their domestic legislation allows.
6. Tests carried out by the competent authorities of the Requested Party, in original or certified copies shall be sent to the requesting Party through the Central Authority.
7. Documents or objects that had been sent in response to a request for judicial assistance shall be returned as soon as possible by the competent authority of the Requesting Party unless the Requested Party waives them.
appearance before the requesting party.
1. The request for judicial assistance sent to the competent authorities of the Requested Party, whose purpose is the citation of a defendant, witness or expert by the competent authorities of the requesting Party shall be transmitted by the Central Authority of the Requesting Party so least 45 days before the date set for the implementation of the measure subject of the application.
Otherwise, the Central Requested Authority shall return to the Requesting Party. However the Central Authority of the Requested Party may request in writing to the Requesting Party the extension of the term.
2. The competent authority of the Requested Party shall make the citation according to the request made, but not the issue it can take effect clauses or penalties under the law of the Requesting Party for the case of no.
3. The request for judicial assistance shall mention the amount of per diem, allowances and compensation can perceive the person cited reason for his transfer.
1. The witness or expert who following a summons to appear before the competent authority of the requesting Party may not be prosecuted or detained for acts or convictions prior to his departure from the territory of the Requested Party.
2. A person, whatever their nationality, to express their consent in writing to appear before the competent authorities of the requesting Party to answer for facts that are the subject of proceedings against him, shall not be prosecuted, detained or subjected to any other restriction of personal liberty for acts or prior to his departure from the territory of the Requested Party, different sentences which were specified in such summons.
3. The temporary guarantee provided for in the preceding paragraphs, shall cease to have effect when the person to appear had not left the territory of the requesting Party, having had the opportunity to do so, within 10 days after it has been advised by the authorities competent that his presence is no longer necessary or, having left, I will return to it, except in cases of force majeure.
ARTICLE 15. TRANSFER OF DETAINED.
1. a) When the summons to testify before the competent authority of the Requesting Party refers to a person detained in the territory of the Requested Party, to access the application will be essential that the detainee consents in writing;
B) The competent authority of the requesting Party shall be required to maintain custody and return the person transferred under the same conditions as soon as ceased any need that motivated the request would result in the transfer, unless the authority jurisdiction of the Requested Party expressly requests in writing that such person was released;
C) Expenses incurred by the application of this Article shall be borne by the requesting Party.
2. In all cases, the decision on the transfer under paragraph 1o. of this Article shall be discretion of the competent authority of the Requested Party and the refusal may be based, among other considerations, for reasons of convenience or security.
ARTICLE 16 PROCEEDS FROM CRIME.
1. The competent authorities of the Requested Party request for judicial assistance shall endeavor to find out if within its jurisdiction is any proceeds or instrumentalities of an offense and shall report the results or investigations to the competent authorities of the requesting Party through Central Authorities. Upon request, the Requesting Party shall notify the Requested Party based on its belief that such proceeds or instruments of crime can be found in their jurisdiction.
2. When pursuant to paragraph 1o. products or instruments of crime subject of the request for judicial assistance are found, the Requested Party at the request of the Requesting Party shall take the necessary measures permitted by its law to prevent any dealing, transfer or disposal of them while a decision is pending final on such products or instruments.
3. When convicted of a crime has disposed of the proceeds or instrumentalities thereof, the competent authority of the Requested Party, at the request of the competent authority of the requesting Party, shall determine whether the transferee obtained without known or suspected that it was or I could have been the proceeds or instruments of crime. If the competent authority of the Requested Party determines that the third party did not act in good faith, he shall order the forfeiture of property.
provisional or protective measures.
1. Without prejudice to the provisions of article 1. and in accordance with the provisions of this Article, the competent authority of a Party may request the other to obtain an order for the purpose of seizing preventively, kidnap or seize property to ensure that they are available for the execution of an order forfeiture.
2. A request made under this article shall include:
a) A copy of the order of lien, seizure or impoundment;
B) A summary of the facts of the case including a description of the offense, where and when it was committed and a reference to the relevant legal provisions;
C) If possible, a description of the property, its commercial value for which it is intended the provisional or protective measure is made, or considered are available for freezing, seizure or seizure and relationship these with the person against whom started or will start legal proceedings;
D) A statement of the amount that is intended to seize, sequester or seize and the basis of calculation thereof;
E) The estimated time to elapse before the case is passed to trial and how long it will be until the final court decision is rendered.
3. The competent authority of the requesting Party shall inform the competent authority of the Requested Party of any changes in the period provided in the letter is e) above and in doing so, indicate the procedural stage had been reached.
4. The competent authorities of each Party shall promptly inform the exercise of any action or decision taken with respect to the embargo, seizure or impoundment requested or taken.
5. The competent authority of the Requested Party may impose a condition limiting the duration of the requested measure, which will be promptly notified to the competent authority of the requesting Party, explaining his motivation.
6. Any request shall be executed only in accordance with the domestic law of the Requested Party and in particular observance and guarantee the rights of any person who may be affected by the implementation of the measure.
ARTICLE 18. EXECUTION OF forfeitures.
1. In the event that the request for assistance refers to a confiscation order, the competent authority of the Requested Party may, subject to the provisions of article 1 .:
a) Execute the confiscation order issued by the competent authority of the Requesting Party concerning instrumentalities or proceeds of crime; or
b) Initiate a procedure in order to obtain a confiscation order under its domestic law.
2. A copy of the confiscation order, duly certified by the judicial officer who issued
a) Without prejudice to the provisions of Article 9 of this agreement, for the purposes of this article, the following should be included
B) Information on the evidence supporting the basis on which the confiscation order was issued;
C) Information indicating that the judgment is duly executed;
D) Where appropriate the identification of goods available for enforcement or the property in respect of which legal assistance is sought, stating the relationship between that property and the person against whom the confiscation order was issued;
E) When appropriate and known, information about the existence of records relating to rights or legitimate interests of third parties on the goods subject of the request;
F) Any other information that may help the purposes of the execution of the request for judicial assistance.
3. When the internal law of the Requested Party does not permit to run an application in its entirety, it may give effect to the extent as may be possible and will communicate through the Central Authority.
4. The competent authority of the Requested Party may request additional information or evidence in order to carry out the request.
5. The confiscation order is executed in accordance with the domestic law of the Requested Party and, in particular, in observance of the rights of any person who may be affected by its implementation.
6. In each case the Requested Party may agree with the Requesting Party how to share the value of the property obtained as a result of the execution of the request by the Requested Party pursuant to this article, taking into consideration the guidelines set forth in Article 5.5 ( b) (ii) of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 and taking into account the amount of information and cooperation provided by the Requested Party.
To comply with the provisions of this paragraph, the Parties may conclude supplementary agreements.
ARTICLE 19. INTEREST OF THIRD PARTIES IN GOOD FAITH ON THE GOODS.
Accordance with the provisions of this Agreement, the competent authorities of the Requested Party by law take the necessary measures to protect the interests and rights of third parties in good faith on the property affected by the execution of requests for assistance judicial.
Any person affected by an order of lien, seizure, seizure or confiscation person may file an appeal under domestic law of the requested Party to the competent authority of that Party.
Article 20. EXPENSES
1. The ordinary costs of executing a request for judicial assistance shall be borne by the Requested Party. When required for this purpose expenses of an extraordinary nature, the Parties shall consult to determine the terms and conditions will comply with the request, and how the costs will be.
2. Expert witness fees, travel expenses, accommodation or other expenses of defendants, witnesses or experts are moved under a request for judicial assistance, including those of accompanying officials, borne by the requesting Party.
SENTENCES Article 21. COMMUNICATIONS.
Each Central Authority shall report annually to the other convictions that its judicial authorities had issued against nationals of the other Party.
ARTICLE 22. CRIMINAL.
1. Each Central Authority shall at the request of the other criminal record of a person to the extent permitted by its own laws.
2. By criminal record it means only those convictions in court rulings definitively.
ARTICLE 23. COMPLAINTS.
1. Any complaint issued by a competent authority whose purpose is to initiate a proceeding before the competent authority of the other, will be transmitted through the Central Authorities.
2. The Central Authority shall inform the requesting Central Authority the action taken on the complaint and forward it at the time, a copy of the decision.
ARTICLE 24. EXEMPTION FROM LEGALIZATION.
The documents referred to in this Agreement shall be exempt from consular legalization or similar formality.
Article 25. CONSULTATIONS.
The Central Authorities of the Contracting Parties shall consult, to this Agreement as efficient as possible.
ARTICLE 26. SETTLEMENT OF DISPUTES.
Any dispute between the Parties relating to the interpretation or application of this Agreement shall be resolved by consultation between the Parties through diplomatic channels.
ARTICLE 27. ENTRY INTO FORCE AND DENUNCIATION.
This Agreement shall enter into force sixty (60) days from the date on which the Parties notify by diplomatic notes fulfilling their constitutional and legal requirements.
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 Party. It shall not affect requests for judicial assistance in progress.
Made in Buenos Aires, Argentina 3 days of April 1997 in duplicate in the Spanish language, both being equally valid and authentic.
For the Government of the Republic of Colombia. For the Government of Argentina. Signatures
ilegibles.¯ EXECUTIVE BRANCH PUBLIC POWER
PRESIDENCY OF THE REPUBLIC Santa Fe de Bogota, DC, 4 June 1997. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes
(Sgd.) Ernesto Samper Pizano
The Minister of Foreign Affairs,
(FDO.) EMMA MEJIA VELEZ MARIA. DECREES
ARTICLE 1o. To approve the "Agreement on Mutual Assistance in Criminal Matters between the Republic of Colombia and Argentina", made in Buenos Aires, Argentina, the three (3) April in 1997 (1997). Article 2.
. UNDER THE PROVISIONS OF ARTICLE 1o. 7a Act. 1944, the "Agreement on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Argentina", made in Buenos Aires, Argentina, the three (3) April in 1997 (1997), which Article 1o. this law passed, will force the country from the date the international link is perfected regarding the same.
ARTICLE 3o. . This law applies from the date of publication.
The President of the honorable Senate,
Fabio Valencia Cossio.
The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
The President of the honorable House of Representatives,
EMILIO MARTINEZ ROSALES.
The Secretary General of the honorable House of Representatives,
GUSTAVO BUSTAMANTE Moratto.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT COMMUNICATED AND PUBLISHED
Run, after review by the Constitutional Court, under Article
241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, ...
Andres Pastrana Minister of Foreign
VALDERRAMA Guillermo Fernandez de Soto.
The Minister of Justice and Law, PARMENIO