ACT 597 OF 2000
Official Gazette No. 44,090, of July 18, 2000
Through which approved the "Treaty on Transfer of Sentenced Persons between the Government of the Republic of Colombia and the Government of the Republic of Cuba "signed
in Havana, the fourteen (14) January in 1999 (1999). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Agreement on Transfer of Sentenced Persons between the Government of the Republic of Colombia and the Government of the Republic of Cuba" signed in Havana, the fourteen (14) January in 1999 (1999) 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 Affairs is attached) .
TREATY ON TRANSFER OF SENTENCED PERSONS BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF CUBA
The Government of the Republic of Colombia and the Government of the Republic of Cuba, who hereinafter he called them "the Parties".
Desiring to establish mechanisms to strengthen and facilitate international judicial cooperation;
Recognizing that assistance between the parties for the execution of criminal sentences is important aspect of bilateral cooperation policy;
Whereas the social reintegration of the offender is one of the purposes of the enforcement of sentences;
Consequently, guided by the principles of friendship and cooperation that prevail in their relations, have agreed to conclude the following Treaty, by which the transfer of sentenced persons is governed, where they may be Colombian nationals or Cubans.
ARTICLE I. SCOPE. This Treaty shall apply to nationals of a Party who have been convicted in the other Party, in order that the penalties imposed can be executed in prisons or detention facilities under the supervision of the competent authorities of the receiving State, in accordance with the legal provisions of the respective state, in accordance with this Treaty.
This Treaty may also apply to juvenile offenders and the persons to whom the competent authority of the sending State had declared criminally responsible, for which the consent of the person legally authorized to grant must be obtained.
ARTICLE II. DEFINITIONS. For the purposes of this Treaty shall mean:
1. "Sending State" the State where it was given the sentence and from which the convicted person shall be transferred.
2. "Receiving State", the State to which the convicted person moves to continue the execution of the judgment in the sending State.
3. "Judgment", the final judicial decision in which a person is imposed as punishment for the commission of an offense, deprivation of liberty or restriction thereof, on probation, suspended sentence or other forms monitoring without detention. It is understood that a sentence is final when ordinary is not pending legal appeal against it in the sending State or the term provided for such actions has expired.
"Convicted person" is the person against whom final judgment has been handed down by a court or court of the Transferring State.
ARTICLE III. EXCEPTIONS. Not eligible for the benefits of the transfer of sentenced persons:
1. Nationals of a Party who are permanent residents in the territory of the other Party.
2. Those sentenced for a crime that is not defined in the legislation of both Parties.
3. Those who are pending in the Transferring State other criminal proceedings.
4. Those who are pending in the Transferring State to pay compensation liability, unless, that the applicant demonstrates the absolute inability to meet payment of the penalty imposed because of poverty.
5. Persons convicted for which there is an extradition request made by a third State, which is pending or has been agreed.
Without prejudice to the provisions of the preceding paragraphs, convicted persons who have denied any transfer, may submit a new application to the authority that issued the decision, provided no grounds for refusal persist and compliance filled with the requirements established for that purpose.
ARTICLE IV. REQUIREMENTS.
1. Applications submitted by nationals of one of the Parties to be transferred to the country of nationality must be made by the convicted person or his legal representative, to the Central Authority of the Sending State with full of the following requirements:
to ) the convicted person is a national of the receiving State;
B) The convicted or, in the case of not criminally responsible, his legal representative, person specifically requested his transfer in writing;
C) That the acts or omissions that led to the conviction are not of a political nature;
D) That the sentence to be served is not punishment;
E) That the decision by which the penalty was imposed running is in firm, and that there is, apart from the above, any legal cause to prevent the departure of sentenced the national territory;
F) That the application of the judgment is not contrary to the domestic law of the Receiving State.
2. Compliance with the requirements of this Treaty, does not imply that States to grant the transfer.
ARTICLE V. JURISDICTION.
1. Both the Receiving State and the sending State shall have discretion to grant or deny the transfer of the sentenced person. This decision is sovereign and must be communicated to the applicant.
2. For computing the time served, the Receiving State shall recognize the decisions or legal measures proffered by the competent authorities of the sending State, where these imply the sentence remissions national who has requested the transfer, by factors such as good behavior, work or study, as long as these decisions or legal measures are recognized in the decision by which the sending State expresses its agreement to the transfer.
3. The convicted person shall continue to perform in the receiving State in accordance with its domestic law, the penalty imposed in the sending State, without exequatur.
4. The Transferring State shall retain exclusive jurisdiction regarding the sentences imposed on convicted persons who have been relocated.
5. Under no circumstances, the sentence imposed in the sending State may be increased by the Receiving State.
6. The situation of the convicted person may not be compounded by the shuttle.
7. The convicted person is transferred to the execution of a judgment shall not be investigated, tried, and convicted for the same offense upon which the sentence to be executed.
ARTICLE VI. CENTRAL AUTHORITIES. Parties designated as central authorities to perform the functions provided in this Agreement, the Ministry of Justice and Law by the Republic of Colombia, and the Ministry of Justice of the Republic of Cuba.
ARTICLE VII. CRITERIA. In accordance with Article IV of this Treaty, the Parties to take the decision to grant or deny the transfer of persons for the enforcement of criminal sentences, proceed to study case by case basis of applications submitted and shall take into account the following criteria: | || 1. The decision to grant transfers will take place gradually.
2. The Parties shall pay special attention to convicted persons who have been fully suffering a disease in its terminal phase or elderly are checked.
3. the aggravating or mitigating circumstances concurrent in fact be valued.
4. the possibility of social rehabilitation of the convicted person is examined, taking into account, inter alia, the conduct of the convicted during the time of detention.
5. any other circumstance that because of its importance to the interests be considered relevant effects were analyzed.
ARTICLE VIII. PROCEDURE.
1. Transfer requests submitted under Article IV shall contain the following information:
a) The name and identification documents peti-ary;
B) If appropriate, the last address in the country of his nationality;
C) a statement of the reasons for requesting the transfer;
D) Name of center where he is being held;
E) name of the judicial authority sentenced;
F) Date of detention or imprisonment;
G) A written statement of the convicted person expresses its consent to be transferred.
2. Upon receipt of the transfer request, the Central Authority of the Sending State will examine the recorded and if that is not complete information, he returned to the party concerned in order to be complete it.
3. In order to verify the nationality of the convicted person, the Central Authority of the Sending State shall send to the Central Authority of the Receiving State, printing fingerprints of the convicted person requesting the transfer.
Also will send a copy of the final judgment to the Central Authority of the Receiving State, certify whether the conduct described in the final sentence, is also classified as criminal in the State, whether under a different name.
4. The Central Authority of the Receiving State shall provide the Central Authority of the Sending State:
a) Test as a national of the convicted person in accordance with the legislation of the State;
B) Copy of the laws of the Receiving State on the basis of which the acts or omissions that led to the conviction in the transferring State constitute a violation of criminal law under the law of the Receiving State.
5. After reviewing the request for transfer and its annexes, the Central Authority of the Sending State shall supplement and verify the following documentation:
a) A report on the existence of other criminal proceedings;
B) A report on the conduct of the convicted person, the time has been effectively deprived of liberty by reason of the process in which he was convicted and the sentence remissions to which he has been entitled, so far submitting the application, either for good behavior, work, study and teaching, among others;
C) medical and social report of the convicted person and the respective recommendations to be considered by the Recipient State;
D) A report showing whether the convicted person is a permanent resident of the sending State.
6. Once the required information is complete, the Central Authority of the Sending State shall deliver its decision to accept or deny the transfer request, which will be communicated to the applicant.
7. The Central Authority of the Sending State shall forward the decision and attached documents to the Central Authority of the Receiving State, so that this in turn decide on its viability and whether any document requests shall fail shipment.
8. The Receiving State shall inform the Sending State as soon as possible its decision to accept or deny the transfer request, through the Central Designated Authority.
9. Should the decision be favorable of the two Central Authorities, they agree on the place, date and time for the move, according to the provisions of Article X of this Treaty.
10. The competent authority of the Receiving State determine the prison facility to be transferred to the convicted person. In any case, when making the decision to grant or not the transfer factors such as the seriousness of the offense, the capacity of prisons and transferred personal conditions are taken into account, among others.
ARTICLE IX. OBLIGATIONS OF STATES PARTIES. The Central Authority of the Sending State shall inform the sentenced persons to whom this procedure under this Treaty may apply, as well as the legal consequences arising from it.
2. It should be informed in writing to the person convicted of any management undertaken by the Receiving State or sending State under this Treaty and any decision taken by one of the two States with respect to its request for transfer.
3. Designated in Article VI Central Authorities exchange reports every six months on the situation in compliance with the judgments of all transferees or enforcement of a judgment in particular is found, under this Treaty.
ARTICLE X. DELIVERY OF CONVICTED PERSON AND ECONOMIC LOADS. Delivery of the convicted person by the authorities of the sending State, the authorities of the receiving State shall take place in the territory of the sending State.
The Receiving State, in accordance with its domestic law, will take care of the expenses and assume responsibility for the control from the time the convicted person into its custody.
ARTICLE XI. INTERPRETATION.
1. None of the provisions of this Treaty may be interpreted as that attributed to the convicted person a right to transfer.
2. Any doubts or disputes that may arise in the interpretation or implementation of this Treaty shall be resolved directly by mutual agreement by the designated in Article VI of this Treaty Central Authorities.
3. The Parties may enter into agreements in development of this Agreement in order to facilitate compliance.
ARTICLE XII. EFFECTIVE DATE AND TERMINATION.
1. This Treaty shall enter into force sixty (60) days from the date on which the Parties notify by diplomatic notes fulfill its constitutional and domestic legal requirements.
2. Any State Party may terminate this Agreement by giving written notice to the other State. The denunciation shall enter into force six months after the date of notification. Applications have been submitted at the time to denounce this Treaty shall continue its proceedings without being affected by the complaint.
Signed in Havana, Cuba, fourteen (14) days of the month of January in 1999 (1999), in duplicate in the Spanish language, both texts being equally authentic.
For the Government of the Republic of Colombia,
Guillermo Fernandez de Soto, Minister for Foreign Affairs
For the Government of the Republic of Cuba,
Roberto Robaina Gonzalez, Minister of Foreign Affairs
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs of Colombia, DECLARES
That this reproduction is faithful copy taken from the original text of the "Agreement on Transfer of Sentenced Persons between the Government of the Republic of Colombia and the Government of the Republic of Cuba "signed in Havana, the fourteen (14) January in 1999 (1999), which is on file in this office.
Given in Santa Fe de Bogota, DC, within thirty (30) days of April in 1999 (1999).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, July 21, 1999. Approved
, submit to the consideration of the honorable National Congress for the purpose
Andres Pastrana Vice Minister of Foreign Affairs, Head of the functions
Office of the Minister,
(Sgd.) FERNANDA CAMPO SAAVEDRA MARIA. DECREES
ARTICLE 1o. Approval of the "Treaty on Transfer of Sentenced Persons between the Government of the Republic of Colombia and the Government of the Republic of Cuba" signed in Havana, the fourteen (14) January in 1999 (1999).
. In accordance with the provisions of article 1. 7a Act. 1944, the "Treaty on the Transfer of Sentenced Persons between the Government of the Republic of Colombia and the Government of the Republic of Cuba" signed in Havana, the fourteen (14) January in 1999 (1999) , that the first article of this law is approved, 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, Nancy Patricia Gutiérrez
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 July 17, 2000.
Andres Pastrana Minister of Foreign Affairs,
Guillermo Fernandez de Soto.
The Minister of Justice and Law,
TRUJILLO Romulo Gonzalez.