ACT 568 OF 2000
Official Journal No 43883 of 7 February 2000
Through which the "Convention on Mutual Assistance in Criminal Matters was adopted between the Republic
of Colombia and the Eastern Republic of Uruguay "
signed in the city of Santa Fe de Bogota, the seventeen (17)
February in 1998 (1998). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Convention on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Eastern Republic of Uruguay" signed in the city of Santa Fe de Bogota, the seventeen (17) February in 1998 (1998), which reads:
(to be transliterated: photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign attached Affairs).
'CONVENTION OF JUDICIAL COOPERATION IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF COLOMBIA AND THE REPUBLIC OF URUGUAY
The Republic of Colombia and the Eastern Republic of Uruguay, hereinafter the Parties;
Considering the ties of friendship and cooperation that unite them;
Considering that the fight against crime requires joint action by States;
Recognizing that the fight against crime is a shared responsibility of the international community;
Aware that strengthening judicial cooperation mechanisms and mutual assistance is needed to prevent the increase in criminal activities;
Eager to advance actions to control and suppress crime in all its manifestations, through coordinated actions and implementation of specific programs;
In observance of constitutional, legal and administrative norms of their States and respect for the principles of international law, especially sovereignty, territorial integrity and non-intervention and taking into account the United Nations recommendations on the subject ,
have agreed as follows: CHAPTER I.
ARTICLE 1. SCOPE.
1. This Convention aims at mutual legal assistance in criminal matters between the competent authorities of the Parties.
2. Parties mutual assistance in accordance with the provisions of this Convention and in strict compliance with their respective legal systems, for crime investigation and judicial cooperation in criminal matters related processes will be provided.
3. This Convention shall not empower authorities or individuals of the requesting party to undertake in the territory of the Requested Party functions, according to domestic laws, are reserved to the authorities, except in the case provided for in Article 14, paragraph 3.
4. This Convention shall not apply to:
a) The detention of persons for the purpose of their extradition, or requests for extradition;
B) The enforcement of criminal judgments, including the transfer of sentenced persons for the purpose of complying sentence;
C) Assistance to individuals or third States.
5. This Agreement is intended solely for mutual legal assistance between the Contracting States. The provisions of this Convention shall not rise to a right for individuals in order to obtain, suppress or exclude any evidence or to impede the execution of a request.
ARTICLE 2. dual criminality. 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.
However, for the execution of judicial inspections, requisitions, searches and precautionary or final measures on goods, the assistance will be provided only if the law of the Requested Party provides it an offense for which he proceeds in Part requesting.
ARTICLE 3. SCOPE OF ASSISTANCE.
1. Assistance shall include:
a) the service of process;
B) Receipt and production or taking of evidence, such as testimony and statements, appraisals and inspections of persons, property and places;
C) Location and identification of persons;
D) Notification of witnesses or experts to appear voluntarily to give evidence or testimony in the Requesting Party;
E) Transfer of detainees in order to appear as witnesses in the requesting Party or for other purposes expressly stated in the request, in accordance with this Convention or prior consent, persons subject to criminal proceedings;
F) Precautionary measures on goods;
G) Compliance with other requests concerning property, including the eventual transfer of the value of confiscated definitively;
H) Submission of documents and other test objects;
I) Any other form of assistance in accordance with the purposes of this Agreement as long as it is not inconsistent with the laws of the Requested State.
2. Both states must protect the interests of bona fide third parties may have on the documents and objects that are delivered under a request for assistance.
ARTICLE 4. CENTRAL AUTHORITIES.
1. The Central Authorities will submit and receive direct communication including requests for assistance to which the present Convention.
2. For the Eastern Republic of Uruguay the Central Authority is the Ministry of Education and Culture (Directorate for International Legal Cooperation and Justice).
3. For the Republic of Colombia:
With regard to requests for assistance sent to Colombia, the Central Authority shall be the Attorney General's Office.
With regard to requests for assistance from the Republic of Colombia, the Central Authority shall be the Attorney General's Office or the Ministry of Justice and Law.
The Parties may, by diplomatic notes, communicate changes in the designation of the Central Authorities.
4. Notwithstanding the foregoing, the Parties may come, when deemed necessary, to diplomatic channels for presenting or receiving requests for assistance.
ARTICLE 5. AUTHORITIES FOR THE REQUEST FOR ASSISTANCE. Requests by a Central Authority in accordance with this Convention transmitted will be based on requests for assistance from competent authorities of the requesting Party responsible for the prosecution or investigation of crimes.
ARTICLE 6 REFUSAL OF ASSISTANCE.
1. The Requested Party may refuse assistance if:
a) the request to an offense as such under military law but not under ordinary criminal law relates;
B) The request relates to an offense in the requested Party is of political nature or connected with a political offense;
C) The person in connection with which the measure is sought has been acquitted or has served his sentence in the Requested Party for the offense mentioned in the application or it is extinguished;
D) Compliance of the application is contrary to security, public order or other essential interests of the Requested Party;
E) The request for assistance is contrary to the law of the Requested Party or not in accordance with the provisions of this Convention;
F) 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.
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 Article 13.1.b.
3. The competent authority of the Requested Party may deny, condition or suspend the performance of the application, when considered impeding ongoing criminal proceedings in their territory.
On these conditions the Requested Party shall consult the requesting Party through the Central Authorities. If the Requesting Party accepts assistance conditional, the request shall be executed in accordance with the manner proposed.
Execution of requests.
ARTICLE 7. FORM AND CONTENT OF THE APPLICATION.
1. The request for assistance must be made in writing.
2. The application may be anticipated by telex, facsimile, electronic mail or other equivalent means it must be confirmed by original document signed by the requesting Party within its formulation fortnight. By exchange of notes the practical arrangements for application of this paragraph shall be established.
3. The request shall contain the following information:
a) Identification of the Competent Authority of the Requesting Party;
B) Description of the issue and the nature of the legal proceedings, including the offenses to which it refers;
C) description of the measures requested assistance;
D) Reasons why the measures are requested;
E) Reference to the applicable law;
F) Identity of the persons subject to judicial proceedings, as they are known;
G) Term within which the Requesting Party wishes the request to be met.
4. Where necessary, and as far as possible, the request shall also include:
A) Information on the identity and address of location of persons to be notified and their relationship to the process;
B) The exact description of the place to inspect and identify the person to be examined, as well as property subject to a precautionary or definitive measure;
C) The text of the questions to be formulated for the practice of the testimony in the Requested Party and the description of the way shall be made and recorded any testimony or statement;
D) The description of how and special procedures under which applications must comply, if reports as required;
E) Information on the payment of costs to be allocated to the person whose presence is requested by the Requested Party;
F) An indication of the authorities of the requesting Party to participate in the process taking place in the Requested Party;
G) Any other information that may be useful to the Requested Party to facilitate the execution of the request.
ARTICLE 8. APPLICABLE LAW.
1. Fulfilling requests be made according to the law of the Requested Party and in accordance with the provisions of this Convention.
2. The Central Authority of the Requested Party shall comply promptly with the request and, where appropriate transmit to the competent authorities for diligenciamiento.
3. At the request of the Requesting Party, the Requested Party shall provide assistance in accordance with the special forms and procedures indicated in the request, unless they are incompatible with its domestic law.
ARTICLE 9. LIMITATIONS ON CONFIDENTIALITY AND USE OF INFORMATION.
1. The Requested Party shall keep reserves the request for judicial assistance, unless its disclosure is necessary to execute the request.
2. If for compliance or enforcement of the requirement necessary to lift the reservation, the Requested Party shall request approval to the Requesting Party, by written communication, without which the application will not run.
3. The Competent Authority of the Requested Party may request that information or evidence obtained under this Agreement be kept confidential, in accordance with the conditions specified.
In this case, the Requesting Party shall observe such conditions. If you can not accept, it shall notify the Requested Party, which will decide on the request for cooperation.
4. Without prior authorization of the Requested Party, the Requesting Party may only use information or evidence obtained under this Convention in the investigation or proceeding indicated in the request.
ARTICLE 10. INFORMATION ON application process.
1. At the request of the Central Authority of the Requesting Party, the Central Authority of the Requested Party, informed within a reasonable time on the processing of the application.
2. The Central Authority of the Requested Party promptly inform the result of the execution of the request and send all the information and evidence obtained to the Central Authority of the Requesting Party.
3. Where it is not possible to fulfill 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 it was not possible compliance, without prejudice Article 13.1.b.
ARTICLE 11 EXPENSES
. The Requested Party shall provide for the cost of filling out the application. The Requesting Party shall pay the expenses and fees for expert witnesses and extraordinary expenses to be incurred for the performance of the application and the travel expenses of the persons mentioned in Articles 15 and 16. CHAPTER III
Forms of assistance.
ARTICLE 12. NOTICES.
1. The Central Authority of the Requesting Party shall transmit the request for a person to appear before the competent authority of the Requesting Party a reasonable time before the scheduled date for this.
2. The Central Authority of the Requested Party shall return the proof of diligenciamiento of notifications in the manner specified in the request.
3. If notice is impossible or impracticable, it shall be informed by the Central Authority of the Requested Party, the Central Authority of the Requesting Party, the reasons could not filled out.
ARTICLE 13. DELIVERY AND RETURN OF OFFICIAL DOCUMENTS.
1. At the request of the Competent Authority of the Requesting Party, the Competent Authority of the Requested Party:
a) Provide copies of official documents, records and information accessible to the public;
B) May provide copies of documents and information to which the public does not have access, under the same conditions in which those documents would be made available by its own authorities. If the assistance provided for in this paragraph is refused, the competent authority of the Requested Party shall not be obliged to state the reasons for refusal.
2. Documents or objects that had been sent in response to a request for judicial assistance shall be returned by the Competent Authority of the Requesting Party, the Requested Party when so requested.
ARTICLE 14. ASSISTANCE IN PART REQUIRED.
1. Any person who is in the territory of the Requested Party and be required to testify or expertise, submit documents, records or evidence under this Agreement must be brought in accordance with the law of the Requested Party, with their competent authority.
2. The Requested Party shall inform sufficiently in advance the place and date of the declaration witnessed or expertise, or the aforementioned documents, records or evidence will be received. Where necessary, the competent authorities shall consult through Central Authorities, for purposes of fixing a convenient for the competent authorities of the requesting Party and required date.
3. The competent authority of the Requested Party shall under his direction, the presence of the authorities indicated in the application for enforcement of measures of cooperation, and allow questions if not contrary to its law. The hearing will take place according to the procedures established by the law of the Requested Party.
4. If the person referred to in paragraph 1 claims immunity, privilege or incapacity under the law of the Requested Party, this will be decided by the competent authority of the requested Party prior to the execution of the request, and the Requesting Party shall be communicated through the Central Authority.
5. The documents, records and evidence provided by declarants or obtained as a result of his statement or on the occasion thereof, will be sent to the requesting Party together with the declaration.
ARTICLE 15. ASSISTANCE requesting party.
1. When the Requesting Party requests the presence of a person in its territory to testify or provide information, statement or expert opinion, the Requested Party shall invite the declarant or expert to appear, voluntarily, to the competent authority of the requesting Party.
2. The competent authority of the requested 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 of the response.
3. When requesting to appear, the Central Authority of the Requesting Party shall indicate the travel expenses and subsistence charge.
ARTICLE 16 APPEARANCE OF DETAINEES.
1. At the request of the requesting Party, and provided the requested Party access, may be temporarily transferred to the Requesting Party for the purpose of giving testimony or assistance in investigations, detainees in the territory of the Requested Party, provided They are consenting thereto.
2. The transfer will be denied when, according to the circumstances, the Competent Authority of the Requested Party considers inconvenient transfer, among others for the following reasons:
a) The presence of the detained person is required in a pending criminal proceedings in the territory of the Requested Party;
B) The transfer may involve the extension of police custody.
3. The Requesting Party shall keep in custody the person transferred and delivered without the extradition procedure being necessary, the Requested Party within the period fixed by or before it, that it no longer be necessary as Your presence.
4. The time in which the person is outside the territory of the Requested Party shall be computed for purposes of custody or serving the sentence.
5. When the requested Party informs the requesting Party that the transferred person no longer needs to be detained, that person shall be released and will be subject to the general rules laid down in Article 15 of this Convention.
6. The detained person does not give consent to make statements in the terms of this Article shall not be subject, for this reason, any penalty or be subjected to any comminatory measure.
7. When a Party requests the other, under this Convention, the transfer of a person of his nationality, and its domestic law prevents delivery to any title of its nationals, it shall inform the content of those provisions to the other Party which will decide on the appropriateness of the request.
1. The appearance of a person who consents to give evidence or assist, in accordance with Articles 15 and 16, will be conditional on the Requesting Party granting a temporary guarantee and issue the corresponding safe-conduct exit to the Requested Party for which the Requesting Party shall not, while the person is in its territory:
a) Stop or judge the person before leaving the territory of the Requested Party crimes;
B) Summon the person to appear or testify in different procedure specified in the request;
2. The temporary guarantee shall cease when the person voluntarily prolongs his stay in the territory of the requesting Party for more than ten days from the time when his presence is not necessary in that State, in accordance with the statement of the Requested Party, except circumstances of force majeure.
ARTICLE 18. PRECAUTIONARY MEASURES.
1. For the purposes of this Convention:
a) "Proceeds of crime" means any property derived from or obtained directly or indirectly from the commission of an offense or its equivalent;
B) "Instrument of crime" means any property used or intended to be used for the commission of a crime.
2. When a Party becomes aware of the existence of fruits or instrumentalities of crimes in the territory of the other Party, who may be subject to seizure or precautionary measures under the laws of that State, it may inform the Central Authority of that State. This forward the information received to its jurisdiction for the purpose of determining the adoption of appropriate measures authorities. These authorities shall act in accordance with the laws of their country and communicated to the other Party the measures taken, through its Central Authority.
3. The Parties shall assist each other in accordance with their respective laws in proceedings seizure and confiscation, compensation for victims of crimes and collection of fines imposed by a criminal sentence.
4. The competent authority of a Party, through the Central Authorities, may request the identification and / or adoption of precautionary measures on goods instrument or proceeds of crime that are located in the territory of another Party.
When it comes to the identification of proceeds of crime, the requested Party shall report on the outcome of the search.
5. After identifying the proceeds of crime, or in the case of an instrument of crime, at the request of the Requesting Party, the Requested Party, to the extent that its internal legislation permits, take the appropriate precautionary measures such property.
6. A request made under the preceding paragraph shall include:
a) A copy of the injunction;
B) A summary of the facts of the case including a description of the offense, where and when it was committed and a reference to the relevant legal provisions;
C) If possible, a description of the goods, for which it is intended to carry out the measure and its commercial value and their relationship with the person against whom began;
D) An estimate of the amount to which it intends to apply the precautionary measure and the basis of calculation thereof;
7. The Requested Party decide, by law, any request concerning the protection of rights of bona fide third parties on goods that are the subject of the measures provided for in the preceding paragraphs.
8. The competent authorities of each Party shall promptly inform the exercise of any action or a decision regarding the precautionary measure requested or adopted.
ARTICLE 19. OTHER MEASURES OF COOPERATION. Parties in accordance with their domestic law may provide cooperation in fulfilling definitive measures on assets linked to the commission of an unlawful act in any of the Parties.
ARTICLE 20 CUSTODY AND DISPOSITION OF PROPERTY. The State party has in its custody the instruments, object or proceeds of a crime, you have them in accordance with the provisions of its internal law. To the extent permitted by its laws and the terms deemed appropriate, that State Party may share with the other confiscated property or the proceeds of sale.
ARTICLE 21. RESPONSIBILITY.
1. Liability for damages resulting from acts of their authorities in the execution of this Agreement shall be governed by the domestic law of each Party.
2. Party shall not be liable for damages that may result from acts of the authorities of the other Party in the formulation or execution of a request pursuant to this Agreement.
ARTICLE 22 AUTHENTICATION OF DOCUMENTS AND CERTIFICATES.
Documents from one of the Parties, to be submitted in the territory of the other Party and which are processed through the Central Authorities shall not require legalization, authentication or any similar formality.
ARTICLE 23. SETTLEMENT OF DISPUTES.
1. Any dispute arising from a request shall be resolved by consultation between the central authorities.
2. Any dispute between the Parties relating to the interpretation or application of this Agreement shall be resolved by consultation between the Parties through diplomatic channels.
ARTICLE 24. COMPATIBILITY WITH OTHER TREATIES, AGREEMENTS OR OTHER FORMS OF COOPERATION.
1. The assistance provided in this Agreement shall not prevent each Party shall assist the other under the provisions of other international instruments in force between them.
2. This Agreement shall not prevent the Parties the possibility of developing other forms of cooperation in accordance with their respective legal systems.
ARTICLE 25. ENTRY INTO FORCE AND DURATION.
1. This Agreement shall enter into force on the first day of the second month after the exchange of instruments of ratification, after complying with the internal procedures required for its entry into force respective requirements.
2. This Agreement shall remain in force indefinitely.
3. This Agreement may be terminated by either party at any time, by diplomatic note, which shall take effect six months after the date of receipt by the other Party. The denunciation shall not affect ongoing requests for assistance.
Done in Santa Fe de Bogota, DC, on the seventeenth day of February in 1998 in two copies in Spanish, both being equally valid and authentic.
For the Republic of Colombia, Maria Emma Mejia
For the Eastern Republic of Uruguay, Didier Opertti
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs DECLARES
That this reproduction is faithful copy taken from original text of the "Convention on Mutual Assistance in criminal matters between the Republic of Colombia and the Eastern Republic of Uruguay" signed in Santa Fe de Bogota, the seventeen (17) of February in 1998 (1998), document rests in the archives of the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, at sixteen (16) days of the month of June in 1998 (1998).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura.
The President of the honorable House of Representatives,
ARMANDO RAMOS Pomarico.
The Secretary General of the honorable House of Representatives,
GUSTAVO BUSTAMANTE Moratto.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
Run communicated and published prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on 2 February 2000.
The Andres Pastrana Foreign Minister,
Guillermo Fernandez de Soto.
The Minister of Justice and Law,
TRUJILLO Romulo Gonzalez. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, on July 1, 1998
Approved. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.) Ernesto Samper Pizano
(Sgd.) Camilo Reyes Rodriguez. DECREES
ARTICLE 1o. Approval of the "Convention on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Eastern Republic of Uruguay" signed in the city of Santa Fe de Bogota, the seventeen (17) of February in 1998 (1998).
. In accordance with the provisions of article 1 of the 7th Act of 1944, the "Convention on Mutual Assistance in Criminal Matters between the Republic of Colombia and the Eastern Republic of Uruguay" ssuscrito in the city of Santa Fe de Bogota, the seventeenth (17) February in 1998 (1998), that the first article of this law is approved, it will force the Colombian State from the date on which the international link is perfected over the same
ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate,
MIGUEL VIDAL PINEDO.
The Secretary General of the honorable Senate,
MIGUEL ENRIQUEZ ROSERO.