ACT 569 OF 2000
Official Journal No 43883 of 7 February 2000
Through which the "Cooperation Agreement on legal assistance between the Government of the approved Republic of Colombia and the Government of the United Mexican States "made in Mexico city on seven (7) December in 1998 (1998). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Agreement on cooperation in legal assistance between the Government of the Republic of Colombia and the Government of the United Mexican States" made in Mexico City, the day seven (7) December 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 is attached Ministry of Foreign Affairs).
'COOPERATION AGREEMENT ON LEGAL ASSISTANCE
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE UNITED MEXICAN STATES
The Government of the Republic of Colombia and the Government of the United Mexican States, hereinafter referred to as "the Parties";
Considering the ties of friendship and cooperation that unite them;
Recognizing that the fight against crime requires the coordinated action of States;
Aware that strengthening legal cooperation mechanisms necessary to avoid increasing any criminal manifestation;
Inspired by the desire to intensify legal cooperation;
In observance of their respective domestic legal systems, as well as the principles of international law, Have agreed as follows
ARTICLE I. SCOPE.
The Parties undertake to provide the most extensive legal assistance, in accordance with the provisions of this Agreement and their respective legal systems, in carrying out investigations, prosecutions and criminal proceedings, the responsibility lies with the authorities of the Party requesting.
ARTICLE II. DEFINITIONS.
1. For the purposes of this Agreement:
a) "Letters rogatory, urge or request for legal assistance" is understood as synonyms;
B) "instruments of crime" means any property, used or intended to be used for the commission of a crime;
C) "Proceeds of crime" means any property derived or obtained directly or indirectly from the commission of an offense or its equivalent;
D) "Property" means assets of any kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets;
E) "Freezing, seizure, seizure of assets or insurance" means the determination of competent authority to temporarily prohibit the transfer, conversion, exchange, disposal or realization of property and custody or temporary control of them;
F) "Confiscation" means the permanent deprivation of property, proceeds or instruments of crime, by decision of competent authority.
ARTICLE III. SCOPE OF ASSISTANCE.
1. Parties legal assistance in the exchange of information, evidence, prosecutions and proceedings in criminal matters will be provided. Such assistance shall include, inter alia:
a) Location and identification of persons and property;
B) Service of Process;
C) Submission of documents and procedural information;
D) Execution of private property and judicial inspections;
E) Receipt of testimony and interrogation;
F) Summons and voluntary relocation of people for the purposes of this Agreement, as witnesses or experts;
G) Precautionary measures on goods;
H) Exchange of information on criminal records;
I) Providing evidentiary purposes copies of official or private documents, records or information found in a government or private agency or reliance on such party if its domestic law permits;
J) Any other form of assistance, provided that the law of the Requested Party permits.
ARTICLE IV. LIMITATIONS ON THE SCOPE OF ASSISTANCE.
1. The Requesting Party shall not use any information or evidence obtained under this Agreement for different purposes of an investigation, proceeding or criminal proceeding without prior authorization of the Requested Party.
2. This Agreement shall not empower authorities of the requesting Party to run on the territory of the Requested Party functions reserved exclusively for the authorities of the requested Party.
3. This Agreement 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.
ARTICLE V. CENTRAL AUTHORITIES.
1. Parties designate the following central authorities as responsible for submitting and receiving applications which are the subject of this Agreement:
a) For the Republic of Colombia in relation to requests for assistance received in that country, the Authority Central will be the Attorney General's Office. With regard to requests for assistance made by Colombia Central Authorities will be the Attorney General's Office and the Ministry of Justice and Law.
B) For the United Mexican States, the designated Central Authority is the Attorney General of the Republic.
2. Central Authorities shall communicate directly with them and submit requests to their competent authorities.
3. The Parties may, by diplomatic note, communicate changes in the designation of the Central Authorities.
ARTICLE VI. APPLICABLE LAW.
1. Applications will be fulfilled in accordance with the law of the Requested Party unless otherwise provided in this Agreement.
2. The Requested Party shall provide legal 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 VII. CONFIDENTIALITY.
1. The Requested Party shall keep reserves the request for legal assistance, unless its disclosure is necessary to execute the request.
2. If for compliance or execution of the request for assistance 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 Requesting Party in accordance with its domestic law, maintain the reserve of the evidence and information provided by the Requested Party.
ARTICLE VIII. REQUESTS FOR LEGAL ASSISTANCE.
1. The application for legal aid must be made in writing. Under circumstances of urgency or where otherwise permitted by the Requested Party, requests may be made through a transmission by fax or other electronic means, but must be formalized in a period not exceeding twenty (20) calendar days and 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 subject of the application for legal aid, accompanied or transcribed, in the case of offenses, the text of the relevant statutory provisions;
D) Detail and foundation of any special procedure that the Requesting Party wishes to practice;
E) The term within which the requesting Party would like the request to be met;
F) If the case may be, the identity, nationality and residence or domicile of the person who should be summoned or notified and the relationship that person has to the investigation or prosecution;
G) If it is the case, the identity, nationality and residence or domicile of the person who is subpoenaed to the relief or of evidence;
H) All information necessary for practice or sufficiency of the evidence.
ARTICLE IX. CONDITIONAL SUPPORT.
1. The competent authority of the Requested Party, if it determines that the execution of a request shall obstruct any investigation or criminal proceedings being conducted in its territory, may postpone compliance or condition it in the manner onsider necessary.
2. The Central Authority of the Requested Party shall inform the Central Authority of the Requesting Party the discussion in the preceding paragraph, so that it will accept the assistance conditional in which case will have to submit to the conditions.
3. When a request for legal assistance could not be fulfilled in whole or in part, the Requested Party shall inform the Requesting Party expressly stating the reasons or causes of the breach, in which case the requesting Party shall decide whether insists on the application or desists her.
ARTICLE X. DENIAL OF THE APPLICATION.
1. The Requested Party may refuse assistance if:
A) The application for legal aid is contrary to the law or does not comply with the provisions of this Agreement;
B) Consider that compliance with the request would interfere with an investigation or criminal proceedings under way in its territory, except as provided in Article
2. The Requested Party shall inform motivated by the Requesting Party the written refusal of assistance.
ARTICLE XI. EXECUTION OF THE REQUEST FOR LEGAL ASSISTANCE.
1. The Requested Party shall fix the date and place of the execution of the request for legal 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.
3. The Requested Party in accordance with its domestic law, and at the request of the Requesting Party may receive testimony from people traveling to a proceeding or investigation to continue in the Requesting Party.
4. Tests carried out by the competent authorities of the Requested Party, in original or certified copies shall be sent to the requesting Party through the Central Authority.
5. Documents or objects that had been sent in response to a request for legal assistance shall be returned when the Requested Party so requests.
6. The Requesting Party may request the Requested Party by representatives of their competent authorities as observers in the execution of the request for legal assistance and may require that the relief from a witness or expert testimony, their representatives to ask questions through the competent authority of the requested Party.
7. The presence and participation of representatives must be previously authorized by the Requested Party, same as inform in advance of the Requesting Party of the date, time and place of execution of the request for legal assistance
8. The Requesting Party shall transmit the list of the names, positions and because of the presence of their representatives, with a reasonable time prior to the date of execution of the request for legal assistance. Effective Notes
ARTICLE XII. APPEARANCE BEFORE THE REQUESTING PARTY.
1. The request for legal assistance sent to the competent authorities of the requested Party, which is aimed at the summons of a witness or expert by the competent authorities of the requesting Party shall be transmitted by the Central Authority of the Requesting Party at the earliest possible to the date set for the implementation of the measure subject of the application.
2. The competent authority of the Requested Party shall make the citation according to the request made, the transfer must be voluntary and must register the consent of the person in writing.
3. The application for legal aid shall state the amount of travel expenses and costs that can receive the aforementioned person and voluntarily consent to appear, during their transfer.
ARTICLE XII BIS. Hearing by video conference.
1. Any person required to testify as a witness or expert by the judicial authorities or the Public Prosecutor of the Requesting Party and who is in the territory of the Requested Party may request that the hearing take place by videoconference in accordance with this Article.
2. The Requested Party shall agree to the hearing by videoconference to the extent that this method not contrary to domestic law. If the requested Party does not have the technical means to a video conference, the Requesting Party may make them available.
3. The following rules shall apply to the hearing by videoconference:
a) the hearing shall be conducted in the presence of a competent authority of the requested Party. This authority is also responsible for the identification of the person to whom the statement is taken and respect for fundamental principles under the domestic law of the Requested Party. In the event that the authority of the Requested Party considers that the fundamental principles of their rights are not respected during the hearing, shall take the necessary measures to ensure that the hearing proceed immediately in accordance with those principles;
B) the competent authorities of the Parties shall agree, if necessary, measures for the protection of the person who shall be heard;
C) the hearing shall be held directly by the Requesting Party or under its supervision, in accordance with its domestic law, and
D) at the end of the hearing the competent authority of the Requested Party shall make a record indicating the date, time and place of the hearing, the identity of the person to whom disclosure was made, its contents and identities and qualities of others who have participated in the hearing. This document will be transmitted to the Requesting Party. Effective Notes
ARTICLE XII TER. SPONTANEOUS TRANSMISSION OF EVIDENCE AND INFORMATION.
1. Through the Central Authorities and within the limits of its domestic law, the competent authorities of each Party may, without having been submitted a request for legal assistance in this connection, to exchange information and evidence regarding criminal acts punishable they consider that this transmission is of a nature to allow the other Party:
a) submit an application for legal assistance under this Treaty;
B) initiate criminal proceedings, or
c) facilitate the development of an ongoing criminal investigation.
2. The Party providing the information may, in accordance with its domestic law, subject their use by the receiving party to certain conditions. The recipient Party shall be bound by those conditions. Effective Notes
ARTICLE XIII. TEMPORARY WARRANTY.
1. The accused, witness or expert who as a result of a subpoena to appear before the competent authority of the requesting Party may not be prosecuted or detained for acts or convictions prior to his departure from the territory of the Requested Party, nor shall be compelled to testify or testify in a different process.
2. The temporary guarantee provided in the preceding paragraph shall cease to have effect when the person who appears has not left the territory of the requesting Party, having had the opportunity to do so, within fifteen (15) days since he has been advised by the competent authorities that his presence is no longer necessary, except in cases of force majeure, or having left shall return to it.
ARTICLE XIV. TRANSFER OF DETAINED.
1. a) 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 detainee consents in writing;
B) The competent authority of the requesting Party shall be required to maintain custody and return the person transferred under the same conditions, any ceased as soon as the need that motivated the request would result in the transfer, unless the competent authority of the Requested Party expressly requests in writing that such person was released;
C) Expenses incurred by the application of this Article shall be borne by the requesting Party;
D) The time served in the custody of the Requesting Party shall be credited to the sentence that has been imposed on the transferee.
2. In all cases the decision on a transfer under the 1st paragraph. of this Article, it is discretion of the competent authority of the Requested Party, and the refusal may be based, among other considerations, for reasons of convenience or safety.
ARTICLE XV. PRODUCTS OR INSTRUMENTS OF CRIME.
1. The competent authorities of the Requested Party request for legal aid, will endeavor to find out if within its jurisdiction is any proceeds or instrumentalities of an offense and shall report the results or investigations to the competent authorities of the requesting Party through Central Authorities. Upon request, the Requesting Party shall notify the Requested Party, the basis of its belief that such proceeds or instruments of crime can be found in their jurisdiction.
2. When pursuant to paragraph 1o. products or instruments of crime subject of the request for legal assistance are found, the Requested Party at the request of the Requesting Party shall, if its law so permits, the necessary measures to prevent any dealing, transfer or disposal of them during the pendency A final decision on such products or instruments.
3. When convicted of a crime retains ownership or possession of the proceeds or instrumentalities of the offense and the sentence an obligation of a financial content is imposed, forfeiture of any property is ordered, or imposed any definitive measure , the Requested Party may execute that judgment to the extent that its domestic legislation allows.
4. When convicted of a crime has disposed of the proceeds or instrumentalities thereof, the competent authority of the Requested Party, at the request of the competent authority of the Requesting Party shall determine, by the procedures under the domestic law of the Requested Party, whether the transferee obtained without known or suspected that it was or could have been the proceeds or instruments of crime. If the competent authority of the Requested Party determines that the third party did not act in good faith, he shall order the forfeiture of property in accordance with its domestic law.
ARTICLE XVI. Provisional or protective measures.
1. In accordance with the provisions of article 1. and with the provisions of this Article, the competent authority of a Party may request the other to obtain an order for the purpose of seizing preventively, kidnap, secure or seize assets so that they are available for the execution of any injunction.
2. A request made under this article shall include:
a) A copy of the order of lien, seizure, freezing or seizure;
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 property, its commercial value for which it is intended the provisional or protective measure is made, or considered are available for freezing or seizure, freezing or seizure and their relationship with the person against whom began;
D) A statement of the amount that is intended to seize, sequester, or seize and secure the fundamentals of calculation thereof;
E) The estimated time to elapse before the case is passed to trial and how long it will be until the final court decision is rendered;
3. The competent authority of the requesting Party shall inform the competent authority of the Requested Party of any changes in the period referred to in paragraph e) above and in doing so, indicate the process step which may have been reached.
4. The competent authorities of each Party shall promptly inform the exercise of any action or decision taken on the attachment, seizure, freezing or seizure requested or taken.
5. The competent authority of the Requested Party may impose a term limit the duration of the requested measure, which will be notified promptly to the competent authority of the requesting Party, explaining his motivation.
6. Any request shall be executed only in accordance with the domestic law of the Requested Party and to the extent that it allows and in particular observance and guarantee the rights of any person who may be affected by the implementation of the measure.
ARTICLE XVII. EXECUTION forfeitures.
1. In the event that the request for assistance refers to a confiscation order, the competent authority of the Requested Party may, taking into account the provisions of article 1 .:
a) Execute the confiscation order issued by a competent authority of the Requesting Party concerning instrumentalities or proceeds of crime, or
b) Initiate a procedure in order to obtain a confiscation order under its domestic legislation.
2. Without prejudice to the provisions of article 8. A copy of the confiscation order, duly certified by the competent official who issued
a);: of this Agreement, for the purposes of this article, the following should be included
B) Information on the evidence to support the grounds upon which the confiscation order was issued;
C) Information indicating that the judgment is duly executed;
D) Where appropriate, identification of property available for enforcement or the property in respect of which legal assistance is sought, stating the relationship between that property and the person against whom the confiscation order was issued;
E) Any other information that could help end the execution of the request for legal assistance.
3. When the internal law of the Requested Party does not permit to run an application in its entirety, it may give effect to the extent as may be possible and will communicate through the Central Authority.
4. The competent authority of the Requested Party may request additional information or evidence in order to carry out the request.
5. The confiscation order is executed in accordance with the domestic law of the Requested Party and, in particular, in observance of the rights of any person who may be affected by its implementation.
6. Pursuant to this article, in each case the Requested Party may agree with the Requesting how to share the value of the property obtained as a result of executing the request party, taking into account the amount of information and cooperation provided by the Requested Party in accordance with its domestic law.
To comply with the provisions of this paragraph, the Parties may conclude supplementary agreements.
ARTICLE XVIII. INTERESTS OF THIRD PARTIES IN GOOD FAITH ON THE GOODS.
1. As provided in this Agreement, the competent authorities of the Requested Party shall, under its domestic law, the measures necessary to protect the interests and rights of bona fide third parties on the property affected by the execution of requests for legal assistance .
2. Any person affected by an order freezing, seizure, freezing or seizure person may file an appeal under domestic law of the Requested Party to the competent authority of that Party.
BIS. OTHER INSTRUMENTS FOR COOPERATION. This Agreement shall not prevent the Parties provided other forms of cooperation or legal assistance under specific agreements, understandings or shared practices, to be consistent with their respective domestic laws and international treaties that apply to them. Effective Notes
TER. RETURN OF SEIZED GOODS OR ASSETS.
1. Or the return of property confiscated assets will be based on the provisions of this Treaty.
2. As a rule, the refund will be issued after the judgment in the Requested Party. However, this may return the goods before the completion of their procedures. Effective Notes
Jc. REQUESTS FOR SHARING OF CONFISCATED GOODS OR ASSETS.
1. The Requested Party may ask the Requesting Party sharing confiscated property or assets in accordance with the provisions of this Treaty, including in the request:
a) the description of the cooperation, providing sufficient detail to enable the Requesting Party identification of goods or confiscated assets and, where applicable, maintenance costs generated by the implementation of assistance;
B) the Central Authority and / or authorities involved in the implementation of legal aid; and
c) the proportion of property or assets seized his view that correspond to the assistance provided.
2. The Requesting Party shall inform the Requested Party, through its Central Authority, and soon, the result of his request to share the property or assets, stating the reasons for its decision.
3. If the Requesting Party considers that there has been cooperation of the Requested Party to the confiscation of property or assets, by mutual agreement may share such property or assets seized with the latter. Application sharing of goods or confiscated assets should be carried out within the year following the date on which the judgment was given, unless the parties agree otherwise.
4. When there were identifiable victims, the decision on their rights should precede sharing property or assets seized between the Parties.
5. For sharing of assets confiscated property or the opinions rendered by appraisers appointed by the Central Authority of the Requested Party shall be taken into account.
6. When the value of the property or assets seized converted into cash or legal assistance provided by the Requested Party is considered minor by both Parties, they may agree not to make the sharing of goods. Effective Notes
Quintus. PAYMENT OF GOODS OR SHARED ASSETS.
1. The result of the agreed sharing between the Parties will be paid in the currency of these determined by mutual agreement, by electronic transfer of funds or checks.
2. Payment will be made:
a) the competent body or bank account designated by the Mexican Central Authority when the United Mexican States regardless of the Requested Party;
B) the Central Authority designated by the Colombian, when the Republic of Colombia regardless of the Requested Party, or
c) any other beneficiary or beneficiaries designated by the Requesting Party for this purpose competent entity. Effective Notes
Sextus. Imposing conditions.
Unless the parties agree otherwise, may impose any conditions on the use of the result of the sharing of goods or confiscated assets and in particular, demand sharing with any other state, organization or individual. Effective Notes
ARTICLE XIX. EXPENSES.
1. The ordinary costs of executing a request for legal assistance shall be borne by the Requested Party. When required for this purpose expenses of an extraordinary nature, the Parties shall consult to determine the terms and conditions will comply with the request, and how the costs will be.
2. Expert witness fees, travel expenses, accommodation or other expenses of witnesses or experts are moved under a request for legal assistance, including those of officials accompanying them, they shall be borne by the requesting Party.
ARTICLE XX. WAIVER OF LEGALIZATION. The documents referred to in this Agreement shall be exempt from consular legalization or similar formality. Effective Notes
ARTICLE XX BIS. MECHANISMS TO FACILITATE THE LEGAL COOPERATION IN CRIMINAL MATTERS.
1. The Parties shall further cooperate through the following ways:
a) exchange of experiences in criminal investigation, terrorism, corruption, human trafficking, narcotics and chemical inputs, money laundering, organized crime and related offenses, among others ;
B) exchange of information on changes made to their judicial systems and new legal criteria in matters covering this Instrument, and c) training and retraining of officials responsible for criminal investigation and prosecution.
2. To carry out the activities and meetings provided for in this Treaty, the Central Authorities agree on the methodology to be used in each, as well as its duration and number of participants.
3. The Parties will finance cooperation under this Article with the resources allocated in their respective budgets according to their availability, involvement and the provisions of its domestic legislation. Effective Notes
Article XXI. CONSULTATIONS. The Central Authorities of the Parties shall consult to this Agreement as efficient as possible.
ARTICLE XXII. DISPUTE. Any dispute arising from the interpretation or application of this Agreement shall be resolved by consultation between the Parties through diplomatic channels.
ARTICLE XXIII. ENTRY INTO FORCE AND DENUNCIATION. This Agreement shall enter into force sixty (60) days from the date on which the Parties days to communicate, by diplomatic note, the fulfillment of constitutional requirements necessary for this purpose.
This Agreement may be terminated by either party at any time, by diplomatic note, which shall take effect six (6) months after the date of receipt by the other Party. It shall not affect requests for legal assistance in progress.
Signed in Mexico City, the seventh day of December in 1998 (1998), in two original copies in the Spanish language, both texts being equally authentic.
For the Government of the Republic of Colombia
The Minister of Foreign Affairs,
Guillermo Fernandez de Soto.
For the Government of the United Mexican States
The Ministry of Foreign Affairs,
The Head of the Legal Office (E.) of the Ministry of Foreign Affairs DECLARES signed
That this reproduction is faithful copy taken from the original text of the "Agreement on cooperation in legal aid between the Government of the Republic of Colombia and the Government of the United Mexican States "made in Mexico city, the day seven (7) of December of the year in 1998 (1998), document rests on the files of the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, on the twenty (25) days of the month of March in 1999 (1999).
The Chief Legal Office (E.)
MARGARITA MILENA JIMENEZ REEDS. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, April 16, 1999. Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
Andres Pastrana Minister of Foreign Affairs,
Guillermo Fernandez de Soto. DECREES
ARTICLE 1o. Approval of the "Cooperation Agreement on legal assistance between the Government of the Republic of Colombia and the Government of the United Mexican States" made in Mexico City, the day seven (7) December in 1998 (1998).
. In accordance with the provisions of article 1. 7a Act. 1944, the "Agreement on cooperation in legal assistance between the Government of the Republic of Colombia and the Government of the United Mexican States" made in Mexico City, the day seven (7) December 1990 eight (1998), 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.
The President of the honorable Senate,
MIGUEL VIDAL PINEDO.
The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
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
communicated and published. Run
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.