Act 519 1999

Original Language Title: LEY 519 de 1999

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ACT 519 OF 1999
(August 4)
Official Journal 43 656, of 5 August 1999
Through which the "Convention on Mutual Cooperation and Mutual Assistance in Criminal Matters between the Republic approved of Colombia and the Republic of Ecuador ", signed in Santa Fe de Bogota, DC, eighteen (18) December in 1996 (1996). Summary

Term Notes
THE CONGRESS OF COLOMBIA
having regard to the text of the "Convention on Mutual Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, DC, the eighteen (18 ) December in 1996 (1996), the letter says.
(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).
Convention on Mutual Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Ecuador.
The Governments of the Republic of Colombia and the Republic of Ecuador, hereinafter referred to as the "Parties":
Considering the ties of friendship and cooperation that unite them;
Aware of the increase in criminal activity, agree to lend the widest cooperation in accordance with the procedure described below;
Inspired by the desire to enhance mutual legal assistance and cooperation in criminal matters;
Recognizing that the fight against crime requires joint action by States;
Eager to advance joint action for the prevention, control and suppression of crime in all its manifestations, through coordinated actions and implementation of specific programs, and in the activation of traditional mechanisms for legal and judicial assistance, and
Noting the constitutional, legal and administrative norms of their States, as well as respect for the principles of international law, especially those related to sovereignty, territorial integrity and nonintervention;
Conclude this Agreement:
ARTICLE 1o. DEFINITIONS. 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 some good, only by order of a court or other competent judicial authority in accordance with the legislation of each Party,
c) "Instruments of crime "it means any property used or intended to be used for the commission of any offense;
D) "Proceeds of crime" means any property derived or obtained directly or indirectly from the commission of a crime;
E) "Property" means assets of any kind, tangible or intangible, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets, and f
) "Freezing, seizure, seizure of property or other preventive measures realness" means temporarily prohibiting the transfer, conversion, disposition or move goods, as well as custody and temporary control of property by order issued by a court or competent judicial authority.
Article 2.
. AREA OF APPLICATION.

1. The Parties undertake to provide mutual assistance in accordance with the provisions of this Convention and their respective legal systems, in conducting investigations and judicial proceedings.
2. This instrument should not be interpreted contrary to other obligations of the Parties pursuant to other treaties, nor prevent the Parties providing assistance in accordance with other treaties or agreements.
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 criminal sentence their country of origin, an aspect which is regulated by another agreement;
C) Assistance to individuals or third States.
4: 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.

ARTICLE 3. Dual criminality.

1. Assistance will be provided even if the act for which proceeds in the Requesting Party is not considered a crime under the law of the Requested Party.

2. However, for the execution of inspections, domiciled records, and searches the assistance will be provided only if the law of the Requested Party provides it an offense for which he proceeds in the Requesting Party.

ARTICLE 4. SCOPE OF ASSISTANCE.

1. The Parties undertake to provide the widest judicial cooperation on a reciprocal basis, in the various stages of court proceedings in criminal matters. Such assistance shall include, inter alia:
a) Location and identification of persons and goods,
b) Service of process;
C) Referral of judicial documents and information;
D) Execution of private property and judicial inspections;
E) Receiving evidence;
F) Summons and voluntary transfer of persons for purposes of this Convention, as witnesses or experts;
G) Voluntary Translating detainees for the sole purpose of testifying in the territory of the requesting Party,
h) Lien, kidnapping, seizure or other preventive measures realness and confiscation of property;
I) Any other form of assistance, provided that the law of the Requested Party permits.
2. Officials of the requesting Party under the authorization of the competent authorities of the Requested Party may witness the practice of the procedures requested whenever it is not contrary to the provisions of domestic law. To this end, the Parties shall facilitate the entry into the territory of the Requested Party of Competent Authorities.
3. The Parties may conclude supplementary agreements to expedite assistance under this article.

The 5th ITEM. 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. In exceptional cases, if the requesting Party needs to disclose and use all or part of the information or evidence for purposes other than those specified, request authorization to the Requested Party which in his opinion may access or deny all or part of the requested, under its domestic legislation.

ARTICLE 6o. CENTRAL AUTHORITIES.

1. Each Party shall designate a Central Authority to submit, receive and / or process applications that apply within the scope of this Agreement. To this end, these authorities shall communicate directly in order to analyze, decide and / or grant the request, if not contravene the law.
2. They are Central Authorities for the Republic of Colombia: The Attorney General's Office and the Ministry of Justice and Law; and the Central Authority for the Republic of Ecuador is the Supreme Court.
3. When Ecuador formulate request to the Republic of Colombia will be directed to the Attorney General's Office, agency assistance requested to confer probative accordance with their legal and constitutional regime; when Colombia formulate request to the Republic of Ecuador will do so through the Attorney General's Office or the Ministry of Justice and Law.

ARTICLE 7. APPLICABLE LAW.

1. Applications will be fulfilled in accordance with the law of the Requested Party.
2. 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.

Article 8. CONFIDENTIALITY. The Requested and Requesting Parties shall subject the application and granting of judicial unless its disclosure is necessary to execute the request, always in accordance with its domestic law and with the permission of the other party assistance.

Article 9. Requests for legal assistance.

1. The request for judicial assistance shall be made in writing and shall 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 under investigation by attaching or transcribed, in the case of offenses, the text of the relevant statutory provisions;
D) Basis of fact and law of any special procedure that the Requesting Party wishes to practice;
E) Term within which by the nature of the request, the Requesting Party would like the request to be met;

F) Identity, citizenship, residence or domicile of the person who should be summoned or notified for the purposes of legal aid under this Convention.
2. Only under urgent circumstances, requests may be made through a facsimile transmission or other electronic means, subject to confirmation in writing as soon as possible.
ARTICLE 10. GROUNDS DETERMINING
.

1. If the Competent Authority of the Requested Party determines that the execution of a request shall obstruct any investigation or criminal proceedings being conducted in that State, may postpone or condition its compliance, in whole or in part, expressly stating the reasons or causes for it.
2. The Authority of the Requested Party shall inform the Authority of the Requesting Party set forth in the preceding paragraph, so that it accepts the conditional assistance, in which case it must submit to the conditions.

ARTICLE 11. REJECTION OF THE APPLICATION.

1. The Requested Party may refuse assistance when, in his opinion:
a) The request for judicial assistance is contrary to its national law and / or the provisions of this Convention
b) Consider that compliance with the request would interfere with an investigation or pending criminal proceedings in that State, except as provided in Article X of this Convention;
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 offense connected with them.
2. The Requested Party shall inform motivated by the Requesting Party the 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.

ARTICLE 13. SUMMONS TO THE PARTIES.

1. The request for judicial assistance sent to the Requested Party, whose purpose is the summons to a witness or expert by the competent authorities of the requesting Party shall be transmitted by it at least 45 days prior to the date set for execution stagecoach subject of the application However, the Requesting Party may in exceptional cases, reduce that period.
2. The Competent Authority of the Requested Party shall make the citation according to the request made, corresponding to the person summoned decide freely and explicitly, his willingness to personally appear before the territory of the requesting Party or give testimony in writing.
3. If such person or disability claims immunity under the law of the Requested Party, it shall be settled by the Competent Authority of the Requested Party and the Requesting Party notified.
4. The request for judicial assistance shall ensure the provision of transportation, the amount of subsistence allowance and life insurance and / or accidents in favor of that person, who voluntarily consent to move to the Requesting Party solely for the time strictly necessary the view of the Requesting Party, within not more than eight days from the date of arrival in the territory and return to their country of origin.

ARTICLE 14. PERSONAL PROTECTION.

1. The witness or expert who as a result of an appearance citation to the Competent Authority of the Requesting Party shall not be prosecuted, arrested or subjected to any restriction of personal liberty in the territory of that State, for offenses or previous convictions on departure territory of the Requested Party.

2. The security provided for in the preceding paragraph shall cease to have effect as evacuated diligence for which the witness or expert to appear, will not return to their country of origin within a period of 5 days after judicial cooperation. The period may be extended in cases of force majeure duly confirmed by the Requesting Party.

ARTICLE 15 ON DETAINEES.

1. 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 prisoner consents in writing and shall enjoy the benefits provided for in paragraph 4 of Article 13 of this Agreement.
2. The Requesting Party shall be required to keep in custody the person transferred and return it in the same condition as soon as any ceased the need that motivated the request of their displacement unless the Central Authority of the Requested Party expressly requests in writing that such person was released and shall enjoy the protection provided for in Article 14 of this Convention
3. In all cases, the decision on a personal displacement under paragraph 1 of this Article shall be discretionary of the Requested Party ,. and its refusal must be based on constitutional or legal reasons and other safety or convenience of the Requested State.
ARTICLE 16.
provisional or protective measures.

1. The Contracting Parties may request each other to implementation of the precautionary measures provided for in litter f) of article 1. of this Convention to ensure that goods, instruments and proceeds of crime or the equivalent value, available for possible confiscation order or compensation for damages incurred as a result of a criminal conviction.
2. A request for an injunction made under this Article shall also include those provided in article 9. of this Agreement, the following:
a) A copy of the court order firm that justifies the determination of its basis in fact and law, and
b) If possible, the description of goods , location and estimated value in the field of literal e) of article 1. of this Agreement, and the vinculatoria supporting relationship of the person on whose property lies the injunction.
3. The Central Authorities of each Party shall promptly inform the exercise of any dispute that may unnerve the requested injunction and the decision on it.
4. The Central Authority of the Requested Party may impose a term limit the duration of the injunction requested, which will be communicated promptly to the Central Authority of the Requesting Party, explaining his motivation.
5. Any request shall be executed only in accordance with the domestic law of the Requested Party and in particular observance and guarantee the constitutional rights of anyone who could be affected by the implementation of the measure.

ARTICLE 17. SEIZURE AND HIS EXECUTION.

1. The Parties, in accordance with its domestic law, may provide cooperation to execute definitive measures on assets linked to criminal proceedings, as long as a final judicial decision mediate duly executed.
2. For the purposes of this Article, the provisions in Articles 9 apply. and 16 paragraph 2 of this Agreement.
3. For cases of crimes related to illicit trafficking in narcotic drugs and psychotropic substances and in accordance with the "United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances" 1988 substances, the Parties agree how to share the value of confiscated as a result of cooperation under this instrument.

ARTICLE 18. INTERESTS OF THIRD PARTIES IN GOOD FAITH ON THE GOODS.

1. Under the provisions of this Agreement, the Requested Party shall adopt by National Law the necessary measures to protect the interests and rights of third parties in good faith on the property, which might be affected by the execution of requests for judicial assistance.
2. Any person affected by an order of lien, kidnapping, seizure or confiscation person may contest and / or appeal the measure adopted in accordance with the domestic law of the Requested Party.
ARTICLE 19. EXPENSES
.


1. The ordinary costs of executing a request for judicial assistance shall be borne by the Requested Party. When extraordinary expenses required, the Parties shall consult to determine the terms and conditions will comply with the request and how those costs should be covered.
2. Travel expenses, accommodation and other expenses under this Convention for persons to be transferred under a request for judicial assistance shall be borne by the requesting Party.

ARTICLE 20. EXEMPTION FROM LEGALIZATION. The documents referred to in this Agreement, signed and transmitted by the Central Authorities of each State shall be exempt from consular legalization or similar formality.

ARTICLE 21 CONSULTATIONS. The Central Authorities of the Parties shall consult to ensure the effective implementation of this Agreement.

ARTICLE 22. SETTLEMENT OF DISPUTES. Any dispute between the Parties concerning the interpretation or application of this Agreement shall be settled between the Parties through diplomatic channels.

ARTICLE 23. ENTRY INTO FORCE AND DENUNCIATION.

1. This Agreement shall enter into force sixty (60) days from the date on which the Parties, communicate by diplomatic notes fulfilling their constitutional and legal requirements.
2. This Agreement may be terminated by either party at any time, through 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.
Done in Santa Fe de Bogota, DC, at eighteen days (18) of the month December in 1996 (1996), in two copies in Castilian language, both equally valid and authentic texts. CAMILO REYES R.

For the Government of the Republic of Colombia, GALO LEORO F.

For the Government of the Republic of Ecuador,
The Subscribed Head of the Legal Office of the Ministry Foreign
DECLARES:
That this reproduction is faithful copy taken from the original Spanish text of the "Convention on Mutual Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Ecuador" signed in Santa Fe de Bogota, DC, eighteen (18) December in 1996 (1996), a document that is on file in the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, at eighteen (18) days of the month of June in 1997 (1997).
VARELA HECTOR ADOLFO Sintura.
The Head of Legal Office, RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, June 4, 1997
Approved. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.)
Ernesto Samper Pizano (Sgd.) VÉLEZ Maria Emma Mejia.
The Minister of Foreign Affairs, DECREES
:
ARTICLE 1o. Approval of the "Convention on Mutual Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, DC, eighteen (18) December in 1996 (1996 ). Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944 the "Convention on Mutual Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, DC, eighteen (18) December in 1996 ( 1996), which article 1. this law passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3. This law applies from the date of publication.
Given in Santa Fe de Bogota, DC, honorable ... Presented to Congress signed by the Ministers of Foreign Affairs and Minister for Justice and Law.
VÉLEZ Maria Emma Mejia.
The Minister of Foreign Affairs, Almabeatriz
RENGIFO LOPEZ.
The Minister of Justice and Law, RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, June 4, 1997
Approved. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.)
Ernesto Samper Pizano (Sgd.) VÉLEZ Maria Emma Mejia.
The Minister of Foreign Affairs, DECREES
:
ARTICLE 1o. Approval of the "Convention on Mutual Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, DC, eighteen (18) December in 1996 (1996 ).
Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944 the "Convention on Mutual Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, DC, eighteen (18) December in 1996 ( 1996), which article 1. this law passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3. This law applies from the date of publication.
Fabio Valencia Cossio.
The President of the honorable Senate of the Republic, Manuel Enríquez Rosero
.
The Secretary General of the honorable Senate,
EMILIO MARTINEZ ROSALES.
The President of the honorable House of Representatives,
GUSTAVO BUSTAMANTE Moratto.
The Secretary General of the honorable House of Representatives, REPUBLIC OF COLOMBIA

-Government NATIONAL CONTACT AND PUBLISH. Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on August 4, 1999.

Andres Pastrana Guillermo Fernandez de Soto.
The Minister of Foreign
NEIRA Nestor Humberto Martinez.
The Interior Minister, in charge of functions
Office of the Minister of Justice and Law,


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