Key Benefits:
568 OF 2000
(February 2)
Official Journal No 43,883 of 7 February 2000
By means of which the " Convention of Judicial Cooperation in Criminal Matters between
is approvedthe Republic of Colombia and the Eastern Republic of Uruguay, signed in the
Santa Fe city of Bogota, seventeen (17) February of
thousand nine hundred and ninety-eight (1998).
COLOMBIA CONGRESS
Having regard to the text of the "Convention of judicial cooperation 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 of a thousand nine hundred and ninety-eight (1998), which to the letter says:
(To be transcribed: photocopy of the full text of the aforementioned International Instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
" CONVENTION ON JUDICIAL COOPERATION IN CRIMINAL MATTERS BETWEEN THE REPUBLIC OF COLOMBIA AND THE EASTERN REPUBLIC OF URUGUAY
The Republic of Colombia and the Eastern Republic of Uruguay, hereinafter the Parties;
Considering the bonds of friendship and cooperation that unite them;
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 strengthening mechanisms for judicial cooperation and mutual assistance is necessary to prevent the increase of criminal activities;
Eager to bring forward actions for the control and repression of crime in all its manifestations, through the coordination of actions and execution 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 United Nations recommendations on the subject,
The following have been agreed:
GENERAL PROVISIONS.
1. The purpose of this Convention is 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 Convention and in strict compliance with their respective legal systems, for the investigation of crimes and for cooperation in judicial proceedings. related to criminal matters.
3. This Convention 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 internal laws, are reserved for their authorities, except in the case provided for in the Convention. Article 14, numeral 3.
4. This Convention shall not apply to:
(a) The detention of persons in order to be extradited, or to extradition requests;
(b) The execution of criminal sentences, including the transfer of convicted persons with the purpose of serving criminal sentences;
c) Assistance to individuals or third countries.
5. This Convention shall be deemed to be concluded exclusively for the purpose of mutual legal assistance between the Contracting States. The provisions of this Convention shall not create any right in favour of individuals in order to obtain, remove or exclude evidence or to impede the enforcement of an application.
ARTICLE 2. DOUBLE INCRIMINATION. The assistance shall be provided even if the fact that it is carried out in the Requesting Party is not considered as a crime by the law of the Required Party.
However, for the execution of judicial inspections, requisitions, records and precautionary or definitive measures on property, the assistance shall be provided only if the legislation of the Replaced Party provides for the fact that the act of the Party is a crime. comes from the Requesting Party.
ARTICLE 3. SCOPE OF ASSISTANCE.
1. Assistance shall include:
a) Notification of procedural acts;
b) Reception and production or practice of tests, such as testimonies and statements, expertise and inspections of persons, goods and places;
c) Localization and identification of people;
(d) Notification of witnesses or 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 Convention, or prior to their consent, persons subject to criminal proceedings;
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) Any other form of assistance in accordance with the purposes of this Convention as long as it is not incompatible with the laws of the Requested State.
2. Both States shall protect the interests that third parties in good faith may have on documents and objects that are delivered under an assistance requirement.
ARTICLE 4. CENTRAL AUTHORITIES.
1. The Central Authorities shall be responsible for submitting and receiving for direct communication between them the requests for assistance referred to in this Convention.
2. For the Eastern Republic of Uruguay the Central Authority shall be the Ministry of Education and Culture (Directorate of International Legal Cooperation and Justice).
3. For the Republic of Colombia:
With regard to requests for assistance sent to Colombia, the Central Authority will be the Attorney General's Office.
With regard to requests for assistance from the Republic of Colombia, the Central Authority shall be the Office of the Prosecutor General of the Nation or the Ministry of Justice and the Law.
The Parties may, by means of diplomatic notes, communicate changes in the designation of Central Authorities.
4. Notwithstanding the foregoing, the Parties may, where they consider it necessary, turn to diplomatic channels for the submission or receipt of requests for assistance.
ARTICLE 5. COMPETENT AUTHORITIES FOR THE REQUEST FOR ASSISTANCE. Applications transmitted by a Central Authority in accordance with this Convention shall be based on requests for assistance from the competent authorities of the Requesting Party. responsible for the prosecution or investigation of crimes.
ARTICLE 6. 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 which in the requested Party is of a political or related nature with a political offence;
(c) The person in respect of whom the measure is sought has been cleared or has served his or her conviction in the Replaced Party for the offence referred to in the application or has been extinguished;
d) Compliance with the application is contrary to the security, public order or other essential interests of the Required Party;
e) Request for Assistance is contrary to the legal order of the Redeemed Party or does not conform to the provisions of this Convention;
f) The investigation has been initiated for the purpose 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.
2. If the Requested Party refuses assistance, it shall inform the Requesting Party through its Central Authority, and the reasons on which it is founded, without prejudice to the provisions of Article 13.1.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.
EXECUTING REQUESTS.
ARTICLE 7. FORM AND CONTENT OF THE REQUEST.
1. The request for assistance shall be made in writing.
2. The application may be made in advance by telex, facsimile, e-mail or other equivalent means, and must be confirmed by the original document signed by the Requesting Party within 15 days of its formulation. The practical arrangements for applying this paragraph shall be laid down in exchange of letters.
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) Reference to applicable legislation;
f) Identity of persons subject to court 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 address of location of the persons to be notified and their relationship to the process;
(b) 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 or definitive measure;
c) The text of the interrogation to be formulated for the practice of the testimonial test in the Required Party, as well as the description of the manner in which any testimony or statement must be made and recorded;
d) The description of the special form and procedures in which the application must be fulfilled, if required;
e) Information on the payment of expenses to be assigned to the person whose presence is requested from the Required Party;
(f) The indication of the authorities of the Requesting Party that will participate in the process that is developed in the Required Party;
g) Any other information that may be of use to the Required Party to facilitate compliance with the request.
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 Convention.
2. The Central Authority of the Require Party shall promptly comply with the request and, where appropriate, transmit it to the competent authorities for prosecution.
3. Upon request of the Requesting Party, the Redeemed Party shall provide assistance in accordance with the special forms and procedures indicated in the application, unless they are incompatible with its internal law.
ARTICLE 9. 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 enforce the injunction.
2. If, for the fulfilment or execution of the requirement, the lifting of the reservation is necessary, the Requested Party shall request its approval from the Requesting Party, by written communication, without which the request shall not be executed.
3. The Competent Authority of the Redeemed Party may request that the information or evidence obtained under this Convention be of a confidential nature, in accordance with the conditions specified.
In such a case, the Requesting Party shall respect such conditions. If you cannot accept them, you will notify the Required Party, which will decide on the request for cooperation.
4. Unless prior authorisation from the Requested Party, the Requesting Party may only use the information or evidence obtained under this Convention in the investigation or procedure indicated in the application.
ARTICLE 10. 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 compliance was not possible, without prejudice to the provisions of Article 13.1.b.
ARTICLE 11. EXPENSES. The Required Party shall be responsible for the costs of filing the application. The Requesting Party will pay the expenses and fees for the experts, as well as the extraordinary expenses incurred for the fulfillment of the request and the travel expenses of the persons indicated in the articles 15 and 16.
FORMS OF ASSISTANCE.
1. The Central Authority of the Requesting Party shall transmit the request for notification to the competent authority of the Requesting Party to appear at a reasonable notice to the expected date of this.
2. The Central Authority of the Require Party shall return the proof of filing of the notifications in the form specified in the application.
3. If the notification is not to be made, the Central Authority of the Requested Party, the Central Authority of the Requesting Party, shall be informed of the reasons for which it was not able to take action.
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 Required Party:
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 paragraph 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 14. ASSISTANCE ON THE REQUIRED PART.
1. Any person who is in the territory of the Require Party and who is asked to testify or to provide evidence, to present documents, antecedents or evidence under this Convention, shall be required to appear in accordance with the legislation of the Required Party, to its competent authority.
2. The Required Party shall inform in good time the place and date of receipt of the statement of evidence or expertise, or of the documents referred to, a 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 competent authority of the Require Party shall authorize under its management the presence of the authorities indicated in the request during the course of the proceedings for cooperation, and shall allow questions to be asked if it is not contrary to its legislation. 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 paragraph 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 Party Requesting 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 15. ASSISTANCE IN THE REQUESTING PARTY.
1. Where the Requesting Party requests the presence of a person on its territory to testify or to provide information, declaration or expert opinion, the Requested Party shall invite the declarant or expert to appear, on a voluntary basis, 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 16. HEARING OF PERSONS DETAINED.
1. At the request of the Requesting Party, and whenever the Requested Party agrees, it may be temporarily transferred to the Requesting Party, in order to provide testimony or assistance in investigations, to persons detained in the territory of the Required Party, provided that they consent to it.
2. The shipment will be denied when, depending on the circumstances of the case, the Competent Authority of the Redeemed Party considers the shipment to be inconvenient, among others for the following reasons:
(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 shall deliver it, without any necessary extradition procedure, to the Redeemed Party within the period fixed by it, or before it, to the extent that it is no longer necessary their presence.
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 Redeemed Party communicates to the Requesting Party that the person transferred no longer needs to be detained, that person shall be released and shall be subject to the general regime established in Article 15 of this Convention.
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, in accordance with this Convention, the transfer of a person of his nationality, and its internal legal order prevents the surrender to any title of its nationals, it shall inform the content of such provisions to the other Party, which shall decide on the appropriateness of the request.
ARTICLE 17. TEMPORARY WARRANTY.
1. The appearance of a person who consents to testify or provide assistance, as provided for in Articles 15 and 16, shall be conditional on the Requesting Party grant a temporary guarantee and issue the corresponding exit line to the Requested Party for which the Requesting Party may not, as long as the person in its territory is located:
a) Stop or prosecute the person for offences prior to departure from the territory of the Reloved Party;
b) Citar the person to appear or testify in proceedings other than that 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 ten days from the moment that his presence is not necessary in that State, in accordance with the The Desired Party, except circumstances of force majeure or fortuitous case.
ARTICLE 18. PRECAUTIONARY MEASURES.
1. For the purposes of this Convention:
(a) "Product of the offence" means goods of any kind derived or obtained directly or indirectly from the commission of a crime or its equivalent value;
(b) "Instrument for Crime" means any goods used or intended to be used for the commission of a crime.
2. Where one of the Parties is aware of the existence of fruits or instruments of crime in the territory of the other Party, which may be the subject of seizure or precautionary measures under the laws of that State, it may inform the Authority thereof. Central to that State. It shall forward 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 the measures taken, through their Central Authority.
3. The Parties shall assist, in accordance with their respective laws, in the procedures for seizure and confiscation, compensation to victims of crime and the collection of fines imposed for criminal offences.
4. The competent authority of a Party, through the Central Authorities, may request the identification and/or adoption of precautionary measures on instrument or proceeds of an offence located in the territory of another Party. Part.
When it comes to identifying the proceeds of the crime, the requested Party will report the search result.
5. Once the proceeds of the crime have been identified, or in the case of the instrument of the offence, at the request of the Requesting Party, the Replaced Party, in so far as its domestic law permits, shall take the appropriate precautionary measures. on such goods.
6. A requirement under the preceding paragraph must include:
a) A copy of the precautionary measure;
b) A summary of the facts of the case, including a description of the offence, where and when it was committed and a reference to the relevant legal provisions;
(c) If possible, description of the goods, in respect of which the measure is intended to be carried out and its commercial value, and their relationship, with the person against whom it was initiated;
(d) An estimate of the sum to which the precautionary measure is intended to be applied and the fundamentals of the calculation of the measure;
7. The Required Party shall, in accordance with its law, resolve any request concerning the protection of third-party rights in good faith on the goods that are subject to the measures provided for in the preceding paragraphs.
8. The competent authorities of each Party shall promptly report on the exercise of any appeal or a decision taken in respect of the precautionary measure requested or adopted.
ARTICLE 19. OTHER COOPERATION MEASURES. Parties in accordance with their domestic law may cooperate in the enforcement of definitive measures on goods linked to the commission of an unlawful act in any of the Parties.
ARTICLE 20. CUSTODY AND DISPOSAL OF PROPERTY. The State Party that has the instruments, the object or the fruits of the crime in its custody shall have the same in accordance with its internal law. To the extent permitted by its laws and in terms deemed appropriate, that State 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 Convention shall be governed by the domestic law of each Party.
2. One Party shall not 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 Convention.
ARTICLE 22. DOCUMENT AND CERTIFICATE AUTHENTICATION.
Documents from one of the Parties, which must be filed in the territory of the other Party and which are processed through the Central Authorities, shall not require legalization, authentication or any other formality. analog.
ARTICLE 23. DISPUTE RESOLUTION.
1. Any controversy arising from an application shall be resolved by consultation between the Central Authorities.
2. Any dispute arising between the Parties relating to the interpretation or application of this Convention shall be resolved by consultation between the Parties by diplomatic means.
FINAL PROVISIONS.
ARTICLE 24. 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.
ARTICLE 25. ENTRY INTO FORCE AND DURATION.
1. This Convention shall enter into force on the first day of the second month following the exchange of the instruments of ratification, subject to compliance with the respective internal requirements necessary for its entry into force.
2. This Convention shall remain in force indefinitely.
3. This Convention may be denounced 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 complaint will not affect any requests for assistance in progress.
Subscribed in Santa Fe de Bogota, D. C., at the seventeenth day of the month of February of a thousand nine hundred and ninety-eight in two copies in Spanish, both texts being equally valid and authentic.
By the Republic of Colombia,
MARIA EMMA MEJIA VELEZ.
For the Eastern Republic of Uruguay,
DIDIER OPERTTI. "
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 "Convention of judicial cooperation in criminal matters between the Republic of Colombia and the Eastern Republic of Uruguay", signed in Santa Fe de Bogota, 17 (17) of February of a thousand nine hundred and ninety-eight (1998), a document that rests in the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogotá, D. C., at sixteen (16) days of the month of June of a thousand nine hundred and ninety-eight (1998).
the Chief Legal Officer,
HECTOR ADOLFO SYNTURA VARELA.
The President of the honorable House of Representatives,
ARMANDO POMARICO RAMOS.
The Secretary General of the honorable House of Representatives,
GUSTAVO BUSTAMANTE MORATTO.
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., 2 February 2000.
ANDRES PASTRANA ARANGO
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
The Minister of Justice and Law,
ROMULO GONZALEZ TRUJILLO.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C., a 1o de july de 1998
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ERNESTO SAMPER PIZANO
The Foreign Minister
(Fdo.) CAMILO REYES RODRIGUEZ.
DECRETA:
ARTICLE 1o. Approve the "Convention of Judicial Cooperation 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 of a thousand nine hundred and ninety-eight (1998).
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7a of 1944, the "Convention of Judicial Cooperation in Criminal Matters between the Republic of Colombia and the Eastern Republic of Uruguay", Signed in the city of Santa Fe de Bogota, seventeen (17) of February of a thousand nine hundred and ninety-eight (1998), which by the first article of this Law is approved, will force the Colombian State from the date on which the link is perfected international regarding the same
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
MIGUEL PINEDO VIDAL.
The Secretary General of the honorable Senate of the Republic,
MIGUEL ENRICHED ROSERO.
