Key Benefits:
1999 ACT 492
(January 21)
Official Journal No. 43.483, dated January 22, 1999
By means of which the "Agreement on Judicial Assistance in Criminal Matters between the Republic of Colombia and the Republic of Argentina" is approved, made in Buenos Aires, Argentina, three (3) April of one thousand nine hundred and ninety-seven (1997).
COLOMBIA CONGRESS
Having regard to the text of the "Agreement on Judicial Assistance in Criminal Matters between the Republic of Colombia and the Republic of Argentina", made in Buenos Aires, Argentina, on three (3) April of a thousand nine hundred and ninety-seven (1997), which reads:
(To be transcribed: photocopy of the full text of the International Instrument mentioned, duly authenticated by the head of the legal office of the Ministry of Foreign Affairs).
® Agreement on Mutual Assistance in Criminal Matters between the Republic of Colombia
and the Argentine Republic
The Governments of the Republic of Colombia and the Republic of Argentina;
Encouraged to intensify judicial assistance and cooperation in criminal matters;
Acknowledging that the fight against crime requires the joint action of the States;
Considering the bonds of friendship and cooperation that unite them;
In observance of the constitutional, legal and administrative norms of their States, as well as respect for the principles of International Law;
reaffirming respect for national sovereignty and equal rights and reciprocal interests;
Convinced of the need to develop joint actions for the prevention, control and repression of crime in all its forms, through the coordination and execution of concrete programs and to speed up the traditional mechanisms of assistance legal and judicial;
Aware that the increase in criminal activities makes it necessary to strengthen mechanisms for cooperation and legal and judicial assistance in criminal matters;
AGREE:
The parties are obliged to provide mutual assistance, in accordance with the provisions of this Agreement and their respective legal systems, in the conduct of investigations and criminal proceedings initiated by the parties. knowledge is relevant to the competent authorities of the Requesting Party.
Assistance will be provided even if the facts for which it is requested do not constitute a crime under the laws of the Redeemed Party.
However, when the request for assistance relates to the execution of a seizure, provisional or precautionary measures, house records, interception of telecommunications and correspondence or judicial inspections, the assistance shall be granted only if the fact that it was requested to be considered a crime also by the legislation of the Redeemed Party.
1. For the purposes of this Agreement:
(a) "Letter rogatory, Urged or Request for Legal Assistance" shall be construed as synonyms;
(b) "Neglect" means the definitive deprivation of property, products or instrument of crime, by decision of a Court or other competent authority;
(c) "Crime Instruments" means any good used or intended to be used for the commission of a crime;
(d) "proceeds of crime" means goods of any kind derived or obtained directly or indirectly, by any person, from the commission of a crime or the equivalent value of such goods;
(e) "Goods" means assets of any kind, body or incorporated, movable or immovable, tangible or intangible, and documents or legal instruments that accredit the property or other rights to such assets;
(f) "Seizure, Seizure or Seizure of Goods" means the temporary prohibition of the transfer, conversion, disposal or mobilisation of goods, as well as the custody or temporary control of goods by a court or by a court of law. a competent authority.
ARTICLE 3o. SCOPE OF ASSISTANCE.
1. The parties shall assist each other in the exchange of information, evidence, prosecutions and proceedings in criminal matters. Such assistance shall include, inter alia:
a) Localization and identification of people and goods;
b) Notification of judicial acts;
c) Issuance of court documents and information;
d) Execution of home records and judicial inspections;
e) Receiving testimonies and questioning of imputed;
(f) Citation and voluntary transfer of persons for the purposes of this Agreement, as imputed, witnesses or experts;
g) Transfer of detainees to testify in the territory of the Requesting Party;
(h) Embargo, kidnapping and confiscation of property;
i) Any other form of assistance, provided that the legislation of the Required Party permits and in accordance with the provisions of Article 9 of this Agreement.
2. The Parties shall facilitate the entry and presence on the territory of the Requested State of the Requesting Authorities of the Requesting Party in order to assist and participate in the practice of the requested actions, provided that this does not contravene the (a) the provisions of the The officials of the Requesting Party shall act in accordance with the authorisation of the competent authorities of the Reloved Party.
ARTICLE 4. LIMITATIONS ON THE SCOPE OF ASSISTANCE.
1. The Requesting Party shall not use any information or evidence obtained through this Agreement for purposes other than those declared in the application for judicial assistance, without prior authorization from the Redeemed Party.
2. This Agreement shall not entitle the parties to execute, in the territory of the State in which the proceedings are carried out, functions reserved exclusively to 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 extradited, or to extradition requests;
b) The transfer of convicted persons to the object of their criminal sentence;
c) Assistance to individuals or third countries.
ARTICLE 5o. CENTRAL AUTHORITIES.
1. Requests for assistance under this Agreement, as well as their responses, shall be sent and received through the Central Authorities, as set out in the following statement:
(a) By the Argentine Party, the Central Authority shall be the Ministry of Foreign Affairs International Trade and Cult;
b) In relation to requests for assistance received by Colombia, the Central Authority shall be the Prosecutor General's Office; in relation to requests for judicial assistance presented by Colombia, the Central Authority shall be the Prosecutor's Office. General of the Nation or the Ministry of Justice and Law.
2. To this end, the Central Authorities shall communicate directly to each other and shall forward the requests, as appropriate, to their competent authorities.
ARTICLE 6o. COMPETENT AUTHORITIES.
The competent authorities are in the Republic of Colombia, the Judicial Authorities and, in the Argentine Republic, the Judicial Authorities and the Public Prosecutor's Office.
(a) Applications shall be complied with in accordance with the legislation of the Required Party, unless otherwise provided for 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 Party, except where these are incompatible with its internal law.
1. The Requested Party shall keep the request for legal assistance under reserve, unless its lifting is necessary to execute the request.
2. If, for the fulfilment or execution of the requirement, the lifting of the reservation is necessary, the Requested Party shall request its approval from the Requesting Party, by written communication, without which the request shall not be executed.
3. The Requesting Party shall maintain the reservation of the evidence and information provided by the Redeemed Party, unless its lifting is necessary for the investigation or procedures described in the request.
ARTICLE 9o. REQUESTS FOR LEGAL ASSISTANCE.
1. The application for legal assistance shall be made in writing. Under circumstances of an urgent nature or in the case that is permitted by the Require Party, applications may be made through a fax or by any other electronic means, but must be formalized as soon as possible. possible and contain at least the following information:
(a) Name of the competent authority that is responsible for the investigation or the judicial procedure;
b) Purpose of the request and description of the assistance requested;
(c) Description of the facts that constitute the crime subject to the application for judicial assistance by attaching or transcribing, as to the offences, the text of the relevant legal provisions;
d) Detail and foundation of any special procedure that the Requesting Party wants to be practiced;
e) The term within which the Requesting Party wants the request to be fulfilled;
(f) If applicable, the identity, nationality and residence or domicile of the person to be cited or notified and the relationship that the person has with the investigation or the process;
g) If applicable, the identity, nationality and residence or domicile of the person who is cited for the execution of evidence.
ARTICLE 10. CONDITIONAL ASSISTANCE.
1. The competent authority of the Require Party, if it determines that the execution of an application shall impede any investigation or criminal procedure being carried out in that State, may defer its compliance or condition it in the shape as it deems necessary.
2. The Central Authority of the Requested Party shall bring to the attention of the Central Authority of the Requesting Party as set out in the preceding paragraph, in order for it to accept the conditional assistance in which case it shall be subject to the conditions established.
3. Where a request for legal assistance cannot be fulfilled in whole or in part, the Requested Party shall inform the Requesting Party by expressly stating the reasons or causes of the non-compliance, in which case the Requesting Party shall decide whether to insists on the application or you have deleted it.
ARTICLE 11. REJECTION OF THE REQUEST.
1. The Required Party may deny assistance when:
(a) The request for legal assistance is contrary to its legal order or does not conform to the provisions of this Agreement;
b) Consider that compliance with the application may hinder an ongoing criminal investigation or prosecution in that State, except as provided for in Article 10 of this Agreement;
(c) The application for legal assistance relates to a crime in respect of which the person has been definitively exonerated of criminal responsibility, or has been convicted, served or is sentenced to death;
d) The investigation has been initiated with the object of processing or discriminating in any form a person or group of persons for reasons of race, sex, social status, nationality, religion, ideology or any other form of discrimination;
e) The granting of assistance may affect public order, sovereignty, national security or fundamental public interests of the Requested State;
f) The request for legal assistance relates to a political, military or related crime.
2. The Requested Party shall inform the Requesting Party in written form of the refusal of assistance.
ARTICLE 12. ENFORCEMENT OF THE REQUEST FOR LEGAL ASSISTANCE.
1. The requested party shall fix the date and place of the application for legal assistance and shall communicate them in writing at the request of the Requesting Party.
2. The evidence to be carried out by the competent authorities of the Require Party shall be carried out in accordance with its legal order. The assessment of such evidence shall be governed by the domestic law of the Requesting Party.
3. The Required Party, in accordance with its domestic law and at the request of the Requesting Party, may receive testimony from persons bound for a process or investigation to be followed in the Requesting State. The Requesting Party may request the execution of the necessary tests in accordance with the procedures specified in the application.
4. The interrogation shall be submitted in writing and the Reliked Party shall decide whether or not to proceed.
5. The Requested Party may, at the request of the Requesting Party, provide for probative purposes, copies of official or private documents, records or information to be reposed in a governmental or private agency or agency of that Party, provided that their domestic law permits.
6. The tests carried out by the competent authorities of the Requested Party, in originals or authenticated copies, shall be forwarded to the Requesting Party through the Central Authority.
7. Documents or objects which have been sent in compliance with a request for legal assistance shall be returned as soon as possible by the competent authority of the Requesting Party, unless the Party Refers to renounce them.
ARTICLE 13. APPEARANCE BEFORE THE REQUESTING PARTY.
1. The request for legal assistance sent to the competent authorities of the Requested Party, which has as its object the summons of an accused, witness or expert to the competent authorities of the Requesting Party, shall be transmitted by the The Central Authority of the Requesting Party at least 45 days before the date fixed for the execution of the due diligence of the application.
Otherwise, the Requested Central Authority will return it to the Requesting Party. However, the Central Authority of the Requested Party may request the extension of the term in writing to the Requesting Party.
2. The competent authority of the Requested Party shall carry out the summons in accordance with the request made, but without having any effect on the terms and penalties provided for in the legislation of the Requesting Party in the event of non-compliance. appearance.
3. The application for legal assistance must mention the amount of the information, allowances and allowances that the person referred to may receive on the occasion of his transfer.
ARTICLE 14. TEMPORARY WARRANTY.
1. The witness or expert who, as a result of a summons, appears before the competent authority of the Requesting Party, shall not be persecuted or detained for any facts or convictions prior to his departure from the territory of the Requested Party.
2. A person, whatever his nationality, who expresses his written consent to appear before the competent authorities of the Requesting Party in order to answer for facts which are the subject of a process against him, may not be prosecuted, detained or subjected to any other restriction of their personal freedom by facts or convictions prior to their departure from the territory of the Reloved Party, other than those specified in such a summons.
3. The temporary guarantee provided for in the preceding paragraphs shall cease in effect if the person who appears to appear has not left the territory of the Requesting Party, having had the opportunity to do so, within 10 days of the date on which the he has been notified by the competent authorities that his presence is not more necessary or having left him, he shall return to the same, except in circumstances of force majeure or fortuitous case.
ARTICLE 15. STOPPING THE STOPPED.
1. (a) When the summons to declare to the competent authority of the Requesting Party refers to a person detained in the territory of the Redeemed Party, in order to access the request, it shall be indispensable for the detainee to give his consent to written;
(b) The competent authority of the Requesting Party shall be obliged to keep the person transferred in custody and to return it under the same conditions as soon as the need for the application giving rise to the request has ceased. transfer, unless the competent authority of the Require Party expressly requests and in writing that such person is released;
(c) The costs incurred in the application of this Article shall be borne by the Requesting Party.
2. In all cases, the decision on the transfer under paragraph 1. of this Article, it shall be the discretion of the competent authority of the Redeemed Party and the refusal may be based, inter alia, on grounds of convenience or security.
1. The competent authorities of the Require Party, upon request for legal assistance, shall endeavour to ascertain whether within their jurisdiction any product or instrument of a crime is found and shall notify the results or investigations to the competent authorities of the Requesting Party through the Central Authorities. Upon making the request, the Requesting Party shall notify the Reformed Party of the basis of its belief that such products or instrumentalities may be found in its jurisdiction.
2. When in compliance with paragraph 1. the products or instruments of the crime subject to the request for judicial assistance are found, the Party Replaced at the request of the Requesting Party, shall take the necessary measures permitted by its laws to avoid any transaction, the transfer or disposal of the products or the disposal of such products or instruments.
3. Where the person convicted of a crime has disposed of the products or instruments of the offence, the competent authority of the Requested Party, at the request of the competent authority of the Requesting Party, shall determine whether the third party obtained them without having known or suspected that the products or instruments of the offence were or could have been dealt with. If the competent authority of the Replaced Party determines that the third party did not act in good faith, it shall order the confiscation of the goods.
ARTICLE 17. INTERIM OR PRECAUTIONARY MEASURES.
1. Without prejudice to the provisions of Article 1or. and in accordance with the provisions of this Article, the competent authority of one of the Parties may request the other party to obtain an order for the purpose of preemptively embarking, sequestering or seizing property to ensure that they are available for the execution of a confiscation order.
2. A requirement under this Article shall include:
a) A copy of the preventive, sequestration, or seizure order;
b) A summary of the facts of the case, including a description of the offence, where and when it was committed and a reference to the relevant legal provisions;
(c) If possible, a description of the goods, their commercial value in respect of which the interim or precautionary measure is intended to be carried out, or considered to be available for the freezing, sequestration or seizure and the relationship of these to the person against whom a judicial proceeding was initiated or initiated;
(d) A statement of the sum to be seized, sequestering or impounded and the basis of the calculation of the sum;
e) The estimate of the time that will elapse before the case is passed on to trial and the time that will pass until the final judicial decision is made.
3. The competent authority of the Requesting Party shall inform the competent authority of the Redeemed Party of any change within the period referred to in point (e) of the preceding paragraph and in so doing shall indicate the stage of the procedure. which would have been achieved.
4. The competent authorities of each Party shall promptly report on the exercise of any appeal or of a decision taken in respect of the requested or adopted seizure, seizure or seizure.
5. The competent authority of the Requested Party may impose a condition limiting the duration of the measure requested, which shall be promptly notified to the competent authority of the Requesting Party, explaining its reasons.
6. Any requirement shall be executed only in accordance with the internal legislation of the Redear Party and in particular, in observance and guarantee of the rights of any person who may be affected by the execution of the measure.
ARTICLE 18. EXECUTION OF CONFISCATION ORDERS.
1. In the event that the request for assistance relates to a confiscation order, the competent authority of the Required Party may, without prejudice to the provisions of Article 1or.:
(a) Execute the confiscation order issued by the competent authority of the Requesting Party concerning the instruments or products of the offence; or
b) Initiate a procedure in order to obtain a confiscation order, in accordance with its domestic law.
2. Without prejudice to the provisions of Article 9 of this Agreement, for the purposes of this Article, the following shall be
:(a) A copy of the confiscation order, duly certified by the judicial officer who issued it;
(b) Information about the evidence supporting the basis on which the confiscation order was issued;
c) Information indicating that the statement is properly executed;
(d) Where the identification of the goods available for execution or the goods in respect of which the judicial assistance is requested, by declaring the relationship between those goods and the person against whom the court was issued, order of confiscation;
(e) Where appropriate and known, information on the existence of a background related to the legitimate rights or interests of third parties on the goods subject to the requirement;
f) Any other information that may assist in the execution of the application for legal assistance.
3. Where the internal legislation of the Require Party does not permit the implementation of an application in its entirety, it may comply with it to the extent possible and shall communicate it through the Central Authority.
4. The competent authority of the Require Party may request additional information or evidence in order to carry out the requirement.
5. The order of forfeiture shall be executed in accordance with the internal legislation of the Required Party and in particular in observance of the rights of any person who may be affected by its execution.
6. In each case the Required Party may agree with the Requesting Party on how to share the value of the goods obtained as a result of the execution of the requirement by the Redear Party in compliance with this Article, taking in consideration of the guidelines set out 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 Required Party.
To comply with this paragraph, the Parties may conclude additional agreements.
ARTICLE 19. GOOD FAITH THIRD-PARTY INTERESTS ON THE GOODS.
As provided for in this Agreement, the competent authorities of the Redeemed Party shall take the necessary measures to protect the interests and rights of third parties in good faith on the goods affected by the Agreement. enforcement of requests for legal assistance.
Any person affected by a preventive, sequestration, seizure or seizure order may institute the resources provided for in the internal legislation of the Required Party to the competent authority of that Party.
1. The ordinary expenses occasioning the execution of a request for judicial assistance shall be borne by the Redear Party. Where expenditure of an extraordinary nature is required for this purpose, the Parties shall consult each other in order to determine the terms and conditions under which the requirement is to be met, as well as the manner in which the expenditure shall be borne.
2. The fees of experts, travel expenses, accommodation or other expenses of defendants, witnesses or experts to be transferred pursuant to a request for judicial assistance, including those of the accompanying officials, shall be borne by account of the Requesting Party.
ARTICLE 21. COMMUNICATIONS OF CONVICTIONS.
Each Central Authority shall annually inform the other of the convictions that its judicial authorities have issued against nationals of the other Party.
1. Each Central Authority shall, at the request of the other, communicate the criminal record of a person to the extent permitted by its own laws.
2. Criminal records shall mean only convictions handed down in court judgments of a final nature.
1. Any complaint submitted by a competent authority whose purpose is to initiate proceedings before the competent authority of the other shall be transmitted through the Central Authorities.
2. The requested Central Authority shall inform the requesting Central Authority of the action taken against the complaint and shall forward a copy of the decision taken at the time.
ARTICLE 24. LEGALIZATION EXEMPTION.
The documents provided for in this Agreement shall be exempt from any consular legalisation or similar formality.
The Central Authorities of the Contracting Parties shall hold consultations so that this Agreement is as effective as possible.
ARTICLE 26. DISPUTE RESOLUTION.
Any dispute arising between the Parties relating to the interpretation or application of this Agreement shall be resolved by consultation between the Parties by diplomatic means.
ARTICLE 27. ENTRY INTO FORCE AND COMPLAINT.
This Agreement shall enter into force at sixty (60) days from the date on which the Parties communicate with Diplomatic Notes the fulfilment of their constitutional and legal requirements.
This Agreement may be denounced by either Party at any time by means of a Diplomatic Note, which shall have effects six (6) months after the date of receipt by the other Party. The complaint will not affect requests for ongoing judicial assistance.
Made in Buenos Aires, Argentina at 3 days of April 1997, in two copies, in Spanish, being both texts equally valid and authentic.
By the Government of the Republic of Colombia. For the Government of the Republic of Argentina.
Unreadable signatures. ¯
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C., June 4, 1997.
Approved. Submit to the consideration of the honorable National Congress for the
constitutional effects.
(Fdo.) ERNESTO SAMPER PIZANO
The Foreign Minister,
(FDO.) MARIA EMMA MEJIA VELEZ.
DECRETA:
ARTICLE 1o. Approve the "Agreement on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Argentina", made in Buenos Aires, Argentina, on three (3) April of one thousand nine hundred and ninety-seven (1997).
ARTICLE 2o. IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1o. of Law 7a. In 1944, the "Agreement on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Argentina", made in Buenos Aires, Argentina, on three (3) April of one thousand nine hundred and ninety-seven (1997), as provided for in Article 1. of this law will be approved, will force the country from the date on which the international bond is perfected, of the same.
ARTICLE 3o. . This law applies from the date of its publication.
The President of the honorable Senate of the Republic,
FABIO VALENCIA COSSIO.
The Secretary General of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The President of the honorable House of Representatives,
EMILIO MARTINEZ ROSALES.
The Secretary General of the honorable House of Representatives,
GUSTAVO BUSTAMANTE MORATTO.
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND POST.
EXECUTE, after revision of the Constitutional Court, according to the article
241-10 of the Political Constitution.
Dada en Santa Fe de Bogotá, D. C., a los ...
ANDRES PASTRANA ARANGO
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO VALDERRAMA.
The Minister of Justice and Law,
PARMENIO HANG BASED.
