Key Benefits:
ACT
(August 4)
Official Journal 43,656, 5 August 1999
By means of which the "Agreement of Judicial Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Federative Republic of Brazil" is approved, signed in Cartagena de Indias on 7 November thousand nine hundred and ninety-seven (1997).
COLOMBIA CONGRESS
Having regard to the text of the "Agreement on Judicial Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Federative Republic of Brazil", signed in Cartagena de Indias on seven (7) November of one thousand nine hundred and ninety-seven (1997), which to the letter says:
(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 JUDICIAL COOPERATION AND MUTUAL ASSISTANCE IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF COLOMBIA AND THE FEDERAL REPUBLIC OF BRAZIL
The Republic of Colombia and the Federative Republic of Brazil, hereinafter the Parties;
Considering the bonds of friendship and cooperation that unite us as neighboring countries.
estimating that the fight against crime requires the joint action of the States;
Acknowledging that the fight against crime is a shared responsibility of the international community;
Aware that it is necessary to strengthen the mechanisms of judicial cooperation and mutual assistance, in order to prevent the increase of criminal activities.
Eager to bring forward joint actions for the prevention, control and repression of crime in all its manifestations, through the coordination of actions and implementation of concrete programs;
In observance of the constitutional, legal and administrative norms of its States, as well as respect for the principles of International Law, in particular of sovereignty, territorial integrity and non-intervention and taking into consideration the principles of recommendations of the United Nations on the subject;
Agree to the following:
GENERAL PROVISIONS.
1. This Agreement is intended to provide mutual legal assistance in criminal matters between the competent authorities of the Parties.
2. The Parties shall assist each other in accordance with the provisions of this Agreement and in strict compliance with their respective legal systems, for the investigation of crimes and for cooperation in related procedures. with criminal matters.
3. This Agreement does not entitle the authorities or individuals of the Requesting Party to carry out on the territory of the Requested Party functions which, according to the internal laws, are reserved for their authorities, except in the case provided for in the Article 13, numeral 3.
4. 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 to third countries.
ARTICLE 2o. SCOPE OF ASSISTANCE.
The assistance will include:
a) Notification of procedural acts;
b) Reception and production or practice of tests, such as testimonials and statements, expertise and inspections of persons, goods and places;
c) Localization and identification of people;
(d) Notification of persons and experts to appear voluntarily in order to provide evidence or testimony in the Requesting Party;
e) Transfer of persons detained for the purpose of appearing as witnesses in the Requesting Party or for other purposes expressly indicated in the application, in accordance with this Agreement;
f) Precautionary measures on goods;
g) Compliance with other requests for goods, including the eventual transfer of the value of the seized goods in a definitive manner;
h) Delivery of documents and other test objects;
i) Embargo and sequestration of goods for the purposes of compliance with indemnities and fines imposed by a judicial judgment of a criminal nature;
j) Any other form of assistance in accordance with the purposes of this Agreement as long as it is not incompatible with the laws of the Requested State.
ARTICLE 3o. CENTRAL AUTHORITIES.
1. Each Party shall designate a Central Authority responsible for submitting and receiving the applications constituting the subject matter of this Agreement.
2. To this end the Central Authorities shall communicate directly to each other and shall forward the requests to their Competent Authorities.
3. In relation to requests for assistance sent to Colombia, the Central Authority will be the Prosecutor General's Office; in relation to requests for judicial assistance from Colombia, the Central Authority will be the Prosecutor General's Office. Nation or the Ministry of Justice and Law. The Central Authority for the Federative Republic of Brazil is the Ministry of Justice.
ARTICLE 4. COMPETENT AUTHORITIES FOR THE REQUEST FOR ASSISTANCE.
Applications transmitted by a Central Authority in accordance with this Agreement shall be based on the assistance requirements of Competent Authorities of the Requesting Party in charge of the prosecution or investigation of crimes.
ARTICLE 5o. DENIAL OF ASSISTANCE.
1. The Required Party may refuse assistance when:
(a) The application relates to a criminal offence as such in military law rather than in ordinary criminal law;
(b) The application relates to a crime that is politically or connected to it in the Redear Party and made for political purposes;
(c) The person in respect of whom the measure is requested has been cleared or has served his or her conviction in the Requested Party for the offence mentioned in the application. However, this provision may not be relied upon to deny assistance in relation to other persons;
d) Compliance with the application is contrary to security; to public order or to other essential interests of the Required Party;
e) The request for assistance is contrary to the legal order of the Redeemed Party or does not conform to the provisions of this Agreement.
2. If the Requested Party refuses assistance, it shall inform the Requesting Party through its Central Authority, and the reasons it is based, without prejudice to the provisions of Article 12 literal (b).
3. The Competent Authority of the Redeemed Party may refuse, condition or defer compliance with the application, where it is deemed to be an obstacle to an ongoing criminal procedure on its territory.
On these terms, the Requested Party shall consult the Requesting Party through the Central Authorities. If the Requesting Party accepts the conditional assistance, the request shall be fulfilled in accordance with the proposed manner.
COMPLIANCE WITH REQUESTS.
ARTICLE 6o. FORM AND CONTENT OF THE REQUEST.
1. The request for assistance shall be made in writing.
2. If the application is sent by telex, facsimile, e-mail or other equivalent means, it must be confirmed by original document signed by the Requesting Party within 30 days of its formulation, in accordance with the provisions of the in this.
3. The application shall contain the following information:
a) Identification of the Competent Authority of the Requesting Party;
b) Description of the subject matter and the nature of the court proceedings, including the offences to which it relates;
c) Description of requested assistance measures;
d) Reasons for which measures are requested;
e) Text of applicable legislation;
f) Identity of persons subject to judicial proceedings, where they are known;
g) The term within which the Requesting Party wants the request to be met.
4. Where necessary, and to the extent possible, the application shall also include:
a) Information about the identity and domicile of the persons whose testimony is to be obtained;
b) Identity and domicile of persons to be notified and their relationship to the process;
c) Information on the identity and whereabouts of persons to be located;
(d) the exact description of the place to be inspected and the identification of the person under examination, as well as the goods subject to a precautionary measure or confiscation;
e) Text of the interrogation to be formulated for the receipt of the testimonial test in the Required Party, as well as the description of the manner in which any testimony or statement must be received and recorded;
f) Description of the special form and procedures in which the application must be fulfilled, if required;
g) Information about the payment of the expenses to be assigned to the person whose presence is requested from the Required Party;
(h) Where necessary and appropriate, the indication of the authorities of the Requesting Party participating in the process being developed in the Required Party;
i) Any other information that may be of use to the Required Party to facilitate compliance with the request.
5. Applications shall be addressed in the language of the Requesting Party and shall be accompanied by a translation into the language of the Required Party.
1. Compliance with the requests shall be made in accordance with the law of the Require Party and in accordance with the provisions of this Agreement.
2. At the request of the Requesting Party, the Redeemed Party shall comply with the special forms and procedures indicated in the request, unless they are incompatible with its domestic law.
ARTICLE 8o. CONFIDENTIALITY AND LIMITATIONS IN THE USE OF INFORMATION.
1. The Requested Party shall keep the request for legal assistance under reserve, unless its lifting is necessary to comply with the request.
2. If for the fulfilment 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 fulfilled.
3. The competent authority of the Requested State may request that the information or evidence obtained under this Agreement be confidential in accordance with the conditions to be specified. In such a case, the Requesting Party shall respect such conditions. If you cannot accept them, you will notify the Require, which will decide on the request for cooperation.
4. Unless prior authorization from the Required Party, the Requesting Party may only use the information or evidence obtained under this Agreement in the investigation or procedure indicated in the application.
ARTICLE 9o. INFORMATION ABOUT THE PROCESSING OF THE REQUEST.
1. At the request of the Central Authority of the Requesting Party, the Central Authority of the Redeemed Party shall report within a reasonable time on the processing of the request.
2. The Central Authority of the Requested Party shall promptly report the outcome of the application and shall forward all information and evidence obtained to the Central Authority of the Requesting Party.
3. Where it is not possible to comply with the request, in whole or in part, the Central Authority of the Requested Party shall immediately inform the Central Authority of the Requesting Party and inform the reasons why its request was not possible. compliance.
4. Reports will be written in the language of the Required Party.
ARTICLE 10. COST. The Required Party will be responsible for the costs of filing the application. The Requesting Party shall pay the expenses and fees for experts, translations and transcripts, extraordinary expenses resulting from the use of special forms or procedures and travel expenses of the persons indicated in the items 14 and 15.
FORMS OF ASSISTANCE.
1. The Central Authority of the Requesting Party shall transmit the request for notification to a person to the Competent Authority of the Requesting Party, at a reasonable notice to the expected date of this.
2. If the notification is not made, it shall inform the Competent Authority of the Requesting Party, through the Central Authorities, of the reasons for which the notification could not be made.
ARTICLE 12. DELIVERY AND RETURN OF OFFICIAL DOCUMENTS.
1. At the request of the Competent Authority of the Requesting Party, the Competent Authority of the Required Party, through the Central Authorities:
a) Provide copies of official documents, records and information accessible to the public;
(b) It may provide copies of documents and information to which the public does not have access, under the same conditions as those documents would be made available to its own authorities. If the assistance provided for in this literal is denied, the Competent Authority of the Redeemed Party shall not be required to express the grounds for refusal.
2. Documents or objects that have been sent in compliance with a request for legal assistance shall be returned by the Competent Authority of the Requesting Party, when the requested Party so requests.
ARTICLE 13. ASSISTANCE ON THE REQUIRED PART.
1. Any person who is in the territory of the Require Party and who is asked to testify, present documents, background or evidence under this agreement shall be required to appear in accordance with the law of the Required Party, to the Competent Authority.
2. The Required Party shall inform in good time the place and date of receipt of the statement of evidence or of the documents, background or evidence. Where necessary, the Competent Authorities shall consult each other through the Central Authorities, for the purpose of setting a suitable date for the Competent Authorities of the Requesting and Required Party.
3. The requested party shall, under its management, authorise the presence of the authorities indicated in the application during the course of the proceedings for cooperation and shall allow questions to be asked if its legislation is accepted. The hearing shall take place in accordance with the procedures laid down by the legislation of the Required Party.
4. If the person referred to in numeral 1 alleges immunity, privilege or incapacity under the legislation of the Redeemed Party, this shall be resolved by the Competent Authority of the Redeemed Party prior to the application, and shall be communicated to the Requesting Party through the Central Authority.
5. The documents, background and evidence provided by the declarants or obtained as a result of their declaration or on the occasion of the declaration shall be sent to the Requesting Party together with the declaration.
ARTICLE 14. ASSISTANCE IN THE REQUESTING PARTY.
1. Where the Requesting Party requests the presence of a person on its territory to testify or provide information or declaration, the Replaced Party shall invite the declarant or expert to the Competent Authority of the Requesting Party.
2. The Competent Authority of the Redeemed Party shall record in writing the consent of a person whose presence is requested in the Requesting Party and shall immediately inform the Central Authority of the Requesting Party about the response.
3. The Central Authority of the Requesting Party shall, when requesting that it appear, indicate the costs of the transfer and stay in charge.
ARTICLE 15. HEARING OF PERSONS DETAINED.
1. If the Requesting Party requests the appearance on its territory of a person who is being held in the territory of the Requested Party, the Party shall transfer the person detained to the territory of the Requesting Party, after making sure that the person is not there are serious reasons to prevent the transfer and the person being detained consents.
2. The shipment will not be admitted when, depending on the circumstances of the case, the Competent Authority of the Redeemed Party considers the shipment to be inconvenient, specifically when:
(a) The presence of the detained person is necessary in an ongoing criminal proceedings in the territory of the Redeemed Party;
b) The transfer may involve the prolongation of the preventive detention.
3. The Requesting Party shall keep the person transferred in custody and deliver it to the Reloved Party within the period set by the Party.
4. The time when the person is outside the territory of the Redeemed Party will be computed for the purposes of preventive detention or penalty compliance.
5. When the penalty imposed on the person transferred, under the terms of this article expires and is in the territory of the Requesting Party, must be released from then on to enjoy the status of person not stopped for the purposes of this agreement.
6. The detained person who does not give his consent to make statements in the terms of this article, shall not be subject, for this reason, to any sanction nor shall be subject to any such measure.
7. Where a Party requests the other party, in accordance with this Agreement, to transfer a person of his nationality and its Constitution to prevent the surrender to any title of its nationals, it shall inform the other Party of the content of those provisions to the another Party, which shall decide on the appropriateness of the request.
ARTICLE 16. TEMPORARY WARRANTY.
1. The appearance of a person who consents to testify or testify, as provided for in Articles 14 and 15, shall be conditional on the Requesting Party granting a a temporary guarantee by which the person in his territory is unable to:
a) Stop or prosecute the person for offenses prior to their departure from the territory of the Reloved Party;
b) Citar the person to appear or testify in proceedings other than the one specified in the application.
2. The temporary guarantee shall cease when the person voluntarily extends his stay in the territory of the Requesting Party for more than 10 days from the moment that his presence is not necessary in that State, in accordance with the Required Part.
ARTICLE 17. PRECAUTIONARY MEASURES.
1. The competent authority of the Requested Party shall take the request for cooperation on a precautionary measure if it contains sufficient information to justify the origin of the measure requested. Such a measure shall be subject to the procedural and substantive law of the Requested State.
2. Where a Party is aware of the existence of instruments, the object or the fruits of the offence, in the territory of the other Party, which may be subject to precautionary measures, in accordance with the legislation of that Party, it shall inform the Central Authority of that State. It shall transmit the information received to its Competent Authorities for the purpose of determining the adoption of the appropriate measures. Those Authorities shall act in accordance with the laws of their country, and shall communicate to the other Party, through the Central Authorities, the measures taken.
3. The Requested Party shall, in accordance with its law, resolve any request concerning the protection of third-party rights on objects that are subject to the measures provided for in the preceding numerals.
4. A requirement under this Article shall include:
a) Copy of the decision on a precautionary measure;
b) 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, description of the goods in respect of which the measure is intended to be carried out and its commercial value, and the relationship of the goods to the person against which it was initiated;
(d) Estimate of the sum to which the precautionary measure is intended to be applied and the basis for the calculation of the measure.
5. The competent authorities of each Party shall promptly report on the exercise of any appeal or of a decision taken in respect of the precautionary measure requested or applied.
6. The Competent Authority of the Requested Party may impose a term limiting the duration of the requested measure, which shall be promptly notified to the Competent Authority of the Requesting Party, explaining its motivation.
ARTICLE 18. OTHER COOPERATION MEASURES.
1. The Parties shall, in accordance with their domestic law, cooperate in the enforcement of definitive measures on property related to a crime committed in either Party.
2. The Parties may conclude agreements on this subject.
ARTICLE 19. CUSTODY AND DISPOSITION OF PROPERTY. The Party that has the instruments, the object or the fruits of the crime in its custody shall have the instruments in accordance with its internal law. To the extent permitted by its laws and in terms deemed appropriate, that Party may distribute the seized goods or the proceeds of its sale with the other.
1. Liability for damages that may arise from the acts of their authorities in the execution of this agreement shall be governed by the domestic law of each Party.
2. No Party shall be liable for any damages that may result from acts of the authorities of the other Party, in the formulation or execution of an application, in accordance with this Agreement.
ARTICLE 21. AUTHENTICATION OF DOCUMENTS AND CERTIFICATES. Documents from one of the Parties, which are to be filed in the territory of the other Party, which are processed through the Central Authorities, shall not require authentication or any another analogous formality.
ARTICLE 22. DISPUTE RESOLUTION.
1. Any dispute arising from an application shall be settled by consultation between the Central Authorities.
2. 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.
FINAL PROVISIONS.
ARTICLE 23. COMPATIBILITY WITH OTHER TREATIES, AGREEMENTS OR OTHER FORMS OF COOPERATION.
1. The assistance provided for in this Agreement shall not prevent each Party from assisting the other Party under the provisions of other international instruments in force between them.
2. This agreement shall not prevent the Parties from developing other forms of cooperation in accordance with their respective legal systems.
This Agreement shall enter into force from the date on which the Parties undertake the exchange of the instruments of ratification.
This agreement may be denounced by any of the Parties at any time by means of a Diplomatic Note, which shall have effect six (6) months after the date of receipt by the other Party. The complaint will not affect any requests for assistance in progress.
Subscribed in Cartagena de Indias at seven (7) days of the month of November of a thousand nine hundred and ninety-seven (1997) in two copies one in Spanish, and the other in Portuguese, both texts being equally valid and authentic.
(Unreadable Signature)
By the Government of the Republic of Colombia,
(Unreadable Signature).
By the Government of the Federative Republic of Brazil,
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs,
NOTES:
That the present reproduction is faithful photocopy taken from the original text of the "Agreement of Judicial Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Federative Republic of Brazil", signed in Cartagena de Indias seven (7) November of a thousand nine hundred and ninety-seven (1997).
Dada en Santa Fe de Bogotá, D. C., at six (6) days of the month of July of a thousand nine hundred and ninety-eight (1998).
HECTOR ADOLFO SYNTURA VARELA.
the Chief Legal Officer,
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C., 1o. of July 1998
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ERNESTO SAMPER PIZANO
(Fdo.) CAMILO REYES RODRIGUEZ.
The Foreign Minister,
DECRETA:
ARTICLE 1o. Approve the "Agreement on Judicial Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Federative Republic of Brazil", signed in Cartagena de Indias on 7 November 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 Judicial Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Federative Republic of Brazil", signed in Cartagena de Indias on seven (7) November of one thousand nine hundred and ninety-seven (1997), Article 1o of this law shall be adopted, shall bind the country from the date on which the international link with respect to it 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,
MANUEL ENRIQUEZ ROSERO.
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 PUBLISH.
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., 4 August 1999.
ANDRES PASTRANA ARANGO
GUILLERMO FERNANDEZ DE SOTO.
The Foreign Minister,
NESTOR HUMBERTO MARTINEZ NEIRA.
The Minister of the Interior, in charge of the functions of the Office of the Minister
of Justice and Law,
