Key Benefits:
519 OF 1999
(August 4)
Official Journal 43,656, 5 August 1999
By means of which the "Convention of Judicial Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Ecuador" is approved, signed in Santa Fe de Bogota, D. C., 18 (18) December from one thousand nine hundred and ninety-six (1996).
COLOMBIA CONGRESS
Having regard to the text of the "Convention of Judicial Cooperation and Mutual Assistance in Criminal Matters between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, D. C., the eighteen (18) of December of a thousand nine hundred and ninety and six (1996), 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).
Convention on Judicial 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":
Taking into account the bonds of friendship and cooperation that unite them;
Aware of the increase in criminal activity, they agree to lend themselves the widest cooperation, in accordance with the procedure described below;
Inspired by the desire to intensify legal assistance and mutual cooperation in criminal matters;
Acknowledging that the fight against crime requires the joint action of the States;
Eager to bring forward a joint action for the prevention, control and repression of crime in all its manifestations, through the coordination of actions and the implementation of concrete programs, and in the activation of mechanisms traditional legal and judicial assistance, and
Observing 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 non-intervention;
Celebrate this agreement:
ARTICLE 1o. DEFINITIONS. For the purposes of this Agreement:
(a) "Letter rogatory, Urged or Request for Legal Assistance" shall be construed as synonyms;
(b) "Disregard" means the final deprivation of some good, only by decision of a court or other competent judicial authority, in accordance with the law of each Party,
(c) "Instruments of Crime" means any good used or intended to be used for the commission of any offence;
d) "Product of the Crime": Means any property, derived or obtained directly or indirectly from the commission of a crime;
(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, and
(f) "Preventive embargo, kidnapping, seizure of property or other precautionary measures of a real nature" means the temporary prohibition of the transfer, conversion, disposal or mobilization of goods, as well as the custody and temporary control of goods by a warrant issued by a competent court or judicial authority.
1. The Parties undertake to provide mutual assistance, in accordance with the provisions of this Convention and their respective legal systems, in the conduct of investigations and judicial proceedings.
2. This instrument shall not be construed as contrary to other obligations of the Parties arising from other Treaties, nor shall it prevent the Parties from providing assistance in accordance with other Treaties or Agreements.
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 sentenced persons with the object of serving criminal sentences in their country of origin, which is regulated by another Convention;
c) Assistance to individuals or third countries.
4: This Agreement shall not entitle the Parties to execute, in the territory of the State where the proceedings are carried out, functions reserved exclusively to the authorities of that State in accordance with its domestic law.
ARTICLE 3o. DOUBLE INCRIMINATION.
1. Assistance shall be provided even if the fact that the Requesting Party is proceeding is not considered as a crime under the law of the Requested Party.
2. However, for the execution of the inspections, registered records, and searches of the assistance shall be provided only if the legislation of the Replaced Party provides for the fact that the act by which it is carried out in the Requesting Party is a criminal offence.
ARTICLE 4. SCOPE OF ASSISTANCE.
1. The Parties undertake to lend themselves the most extensive judicial cooperation on a reciprocal basis, at the various stages of judicial 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 testimonials;
(f) Citation and voluntary translation of persons for the purposes of this Convention, as witnesses or experts;
g) Voluntary transfer of persons detained for the sole purpose of testifying in the territory of the Requesting Party,
(h) Seizure, seizure, seizure or other precautionary measures of a real nature and confiscation of property;
i) Any other form of assistance, provided that the legislation of the Required Party permits.
2. The officials of the Requesting Party, in accordance with the authorization of the Competent Authorities of the Requested Party, may witness the practice of the requested actions provided that this does not contravene the provisions of their domestic legislation. To this end, the Parties shall facilitate the entry into the territory of the Required Party of the Competent Authorities.
3. The Parties may conclude additional agreements to allow the assistance provided for in this Article to be speeded up.
ARTICLE 5o. LIMITATIONS ON THE SCOPE OF ASSISTANCE.
1. The Requesting Party shall not use any information or evidence obtained through this Convention for purposes other than those declared in the application for judicial assistance, without prior authorization from the Required Party.
2. In exceptional cases, if the Requesting Party will require the disclosure and use, in whole or in part, of the information or evidence for purposes other than those specified, it shall request the authorization of the Redeemed Party to the judgment may access or deny, in whole or in part, what is requested, according to its domestic law.
ARTICLE 6o. CENTRAL AUTHORITIES.
1. Each Party shall designate a Central Authority which is responsible for submitting, receiving and/or processing applications falling within the scope of this Convention. To this end, those Authorities shall communicate directly with the aim of analysing, deciding and/or granting the requested, if it does not contravene internal legislation.
2. They are Central Authorities for the Republic of Colombia: The Prosecutor General's Office and the Ministry of Justice and Law; and, the Central Authority for the Republic of Ecuador is the Supreme Court of Justice.
3. When Ecuador makes a request to the Republic of Colombia, it shall address the Office of the Prosecutor General of the Nation, a body that shall confer the assistance requested with probative effectiveness in accordance with its legal-constitutionalregime; when Colombia formulates request to the Republic of Ecuador will do so through the Office of the Prosecutor General of the Nation or the Ministry of Justice and Law.
1. Applications shall be fulfilled in accordance with the legislation of the Required Party.
2. 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.
ARTICLE 8o. CONFIDENTIALITY. The Requested and Requesting Parties shall keep the request and the granting of judicial assistance under reservation, unless their lifting is necessary to enforce the requirement, in accordance with their legislation. internal and with the authorization of the other Party.
ARTICLE 9o. REQUESTS FOR LEGAL ASSISTANCE.
1. The application for legal assistance shall be made in writing and shall 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 offence under investigation by attaching or transcribing the text of the relevant legal provisions in relation to the offences;
d) Foundations of fact and law of any special procedure that the Requesting Party wishes to be practiced;
e) Term within which by the nature of the requested, the Requesting Party wants the request to be fulfilled;
(f) Identity, nationality, residence or address of the person to be summoned or notified for the purposes of judicial assistance provided for in this Convention.
2. Only under circumstances of urgency, requests may be made by fax or other electronic means, without prejudice to their written confirmation as soon as possible.
ARTICLE 10. CONDITIONING REASONS.
1. If the Competent Authority of the Desired Party determines that the execution of an application shall impede any investigation or criminal procedure being carried out in that State, it may defer or condition its compliance, in whole or in part partially, expressly stating the reasons or causes for this.
2. The Authority of the Requested Party shall inform the Authority of the Requesting Party as set out in the preceding number, so that it accepts the conditional assistance, in which case it shall be subject to the conditions laid down.
ARTICLE 11. REJECTION OF THE REQUEST.
1. The Required Party may refuse assistance when, in its judgment:
(a) The request for legal assistance is contrary to its national legal order and/or to the provisions of this Convention,
(b) Consider that compliance with the application may impede an ongoing criminal investigation or prosecution in that State, except as provided for in Article X of this Convention;
(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 with these.
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 the request 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 Required Party shall be executed in accordance with its legal order. The assessment of such evidence shall be governed by the internal order of the Requesting Party.
ARTICLE 13. APPEARANCE BEFORE THE PARTIES.
1. The request for judicial assistance sent to the Requested Party, which has the purpose of summoning a witness or expert to the Competent Authorities of the Requesting Party, must be transmitted by at least 45 days prior to the request. the date fixed for the execution of the due diligence of the application. However, the Requesting Party may in exceptional cases reduce that time limit.
2. The competent authority of the Redear Party shall proceed to the summons in accordance with the request made, corresponding to the person cited freely and expressly to decide, his will to appear personally to the territory of the Party Applicant or render his testimony in writing.
3. If the person cited alleges immunity or incapacity under the legislation of the Redeemed Party, the Party shall be determined by the Competent Authority of the Requested Party and notified to the Requesting Party.
4. The request for legal assistance shall ensure the facilitation of transport, the amount of the viatics, the subsistence and/or life insurance and/or accidents in favour of the person mentioned, who voluntarily consent to move to the Requesting Party, only for the period strictly necessary in the case of the Requesting Party, which may not exceed eight days between the date of its arrival in the territory and its return to the country of origin.
ARTICLE 14. PERSONAL PROTECTION.
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, detained or subjected to any restriction of his personal freedom in the territory of that State, by facts or convictions prior to their departure from the territory of the Required Party.
2. The security provided for in the preceding number shall cease in its effects when the diligence for which the witness or expert appears, shall not return to his country of origin within a maximum of 5 days after his judicial cooperation. The deadline may be extended in circumstances of force majeure or fortuitous case duly checked by the Requesting Party.
1. When the summons to testify before 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 will be indispensable for the detainee to give his consent, by written and shall enjoy the benefits provided for in Article 13 4) of this Convention.
2. 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 of his posting has ceased unless the Central Authority of the Required Party expressly and in writing that such person is released and shall enjoy the protection provided for in Article 14 of this Convention
3. In all cases, the decision on a personal posting pursuant to the numeral 1 of this Article shall be discretionary of the Redeemed Party, and its refusal shall be based on constitutional or legal grounds and other considerations of security or convenience of the Requested State.
ARTICLE 16. INTERIM OR PRECAUTIONARY MEASURES.
1. The Contracting Parties may request each other to implement the precautionary measures provided for in Article 1f) or. of this Convention to ensure that the goods, instruments and products of the offence or the equivalent value are available for the eventual confiscation order or compensation for damages caused by a conviction penalty.
2. A requirement for a precautionary measure pursuant to this Article shall include, in addition to those provided for in Article 9or. of this Convention:
(a) A copy of the court order that warrants it with the determination of its factual and legal grounds, and
b) If possible, the description of the goods, location, and estimated value in the scope of the literal (e) of the article 1or. of this Convention, and the binding supporting relationship of the person on whose property the precautionary measure falls.
3. The Central Authorities of each Party shall promptly inform each other of the exercise of any challenge that may be made by the requested precautionary measure and the decision taken on it.
4. The Central Authority of the Requested Party may impose a term limiting the duration of the requested precautionary measure, which shall be promptly communicated to the Central Authority of the Requesting Party, explaining its reasons.
5. Any requirement shall be executed only in accordance with the internal legislation of the Require Party and in particular, in observance and guarantee of the constitutional rights of any person who may be affected by the execution of the measure.
ARTICLE 17. FORFEITURE AND EXECUTION.
1. The Parties may, in accordance with their domestic law, cooperate in implementing definitive measures on goods linked to criminal proceedings, provided that a duly enforceable final decision is taken.
2. For the purposes of this Article, the provisions of Articles 9or. and 16 numeral 2 of this Convention.
3. For the cases of crimes related to the illicit trafficking of narcotic drugs and psychotropic substances and in accordance with the "United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances" of 1988, the Parties shall agree on how to share the value of the assets seized as a result of the cooperation provided for in this instrument.
ARTICLE 18. GOOD FAITH THIRD-PARTY INTERESTS ON THE GOODS.
1. As provided for in this Convention, the Redeemed Party shall, in accordance with its National Law, adopt the necessary measures to protect the interests and rights of third persons in good faith on property, which may be affected by the execution of requests for legal assistance.
2. Any person affected by a preventive, sequestration, seizure or confiscation order may challenge and/or use the measure taken, in accordance with the internal legislation of the Required Party.
1. The ordinary expenses occasioning the execution of a request for judicial assistance shall be borne by the Redear Party. Where extraordinary expenses are required, the Parties shall consult each other to determine the terms and conditions under which the requirement will be met and the manner in which such expenditure shall be borne.
2. Travel, accommodation and other expenses as provided for in this Convention in favour of persons to be transferred pursuant to a request for legal assistance shall be borne by the Requesting Party.
ARTICLE 20. EXEMPTION FROM LEGALIZATION. The documents provided for in this Agreement, signed and transmitted by the Central Authorities of each State, shall be exempt from any consular legalisation or analogous formality.
ARTICLE 21. CONSULTATIONS. The Central Authorities of the Parties shall hold consultations to ensure the effective implementation of this Convention.
ARTICLE 22. SETTLEMENT OF DISPUTES. Any dispute arising between the Parties relating to the interpretation or application of this Convention shall be resolved between the Parties by diplomatic means.
ARTICLE 23. ENTRY INTO FORCE AND COMPLAINT.
1. This Convention 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.
2. This Convention may be denounced by either Party at any time by means of a Diplomatic Note which shall take effect six (6) months after the date of receipt by the other Party. The complaint will not affect ongoing requests for legal assistance.
Subscribed in Santa Fe de Bogota, D. C., at eighteen days (18) of the month December of a thousand nine hundred and ninety-six (1996), in two copies in Spanish, being both texts equally valid and authentic.
CAMILO REYES R.
By the Government of the Republic of Colombia,
GALO LEORO F.
By the Government of the Republic of Ecuador,
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 Spanish text of the "Convention of Judicial Cooperation and Mutual Assistance in Criminal Matters, between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, D. C., the eighteen (18) of December of a thousand nine hundred and ninety-six (1996), a document that rests in the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogotá, D. C., at eighteen (18) days of the month of June of a thousand nine hundred and ninety-seven (1997).
HECTOR ADOLFO SYNTURA VARELA.
The Head of Legal Office,
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
(Fdo.) MARIA EMMA MEJIA VELEZ.
The Foreign Minister,
DECRETA:
ARTICLE 1o. Approve the "Convention of Judicial Cooperation and Mutual Assistance in Criminal Matters, between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, D. C., the eighteen (18) of December of a thousand nine hundred and ninety-six (1996).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. 1944 the "Convention of Judicial Cooperation and Mutual Assistance in Criminal Matters, between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, D. C., the eighteen (18) of December of one thousand nine hundred and ninety-six (1996), as referred to in Article 1. of this law shall be adopted, shall bind the country from the date on which the international link with respect to the law is perfected.
ARTICLE 3o. This law governs from the date of its publication.
Dada en Santa Fe de Bogotá, D. C., a los ...
Presented to the honorable Congress of the Republic by the undersigned Minister of Foreign Affairs and Minister of Justice and Law.
MARIA EMMA MEJIA VELEZ.
The Foreign Minister,
ALMABEATRIZ RENGIFO LOPEZ.
The Minister of Justice and Law,
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
(Fdo.) MARIA EMMA MEJIA VELEZ.
The Foreign Minister,
DECRETA:
ARTICLE 1o. Approve the "Convention of Judicial Cooperation and Mutual Assistance in Criminal Matters, between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, D. C., the eighteen (18) of December of a thousand nine hundred and ninety-six (1996).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. 1944 the "Convention of Judicial Cooperation and Mutual Assistance in Criminal Matters, between the Republic of Colombia and the Republic of Ecuador", signed in Santa Fe de Bogota, D. C., the eighteen (18) of December of one thousand nine hundred and ninety-six (1996), as referred to in Article 1. of this law shall be adopted, shall bind the country from the date on which the international link with respect to the law is perfected.
ARTICLE 3o. This law governs from the date of its publication.
FABIO VALENCIA COSSIO.
The President of the honorable Senate of the Republic,
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 REPUBLIC-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,
