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Act 597 2000

Original Language Title: LEY 597 de 2000

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597 OF 2000

(July 17)

Official Journal No 44,090 of 18 July 2000

By means of which the "Treaty on the transfer of sentenced persons between the Government of the Republic of Colombia and the Government of the Republic of Cuba" is approved, signed

in Havana, the fourteen (14) of January of a thousand nine hundred and ninety-nine (1999).

Vigency Notes Summary

COLOMBIA CONGRESS

Having regard to the text of 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, on 14 January 1990, 14 (14), nine hundred and ninety-nine (1999) letter says:

(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

TREATY ON THE 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, hereinafter referred to as "the Parties".

Eager to establish mechanisms to strengthen and facilitate international judicial cooperation;

Acknowledging that assistance between the parties for the execution of the damning criminal sentences is an important aspect of the bilateral cooperation policy;

Whereas the social reinsertion of the offender is one of the purposes of the execution of convictions;

Consequently, guided by the principles of friendship and cooperation that prevail in their relations, they have agreed to conclude the following Treaty, which regulates the transfer of sentenced persons, when they are Colombian nationals or Cubans.

ARTICLE I. APPLICATION. This Treaty shall apply to nationals of one Party, who have been convicted in the other Party, in order that the penalties imposed may be enforced in establishments penitentiaries or jailers, under the supervision of the competent authorities of the recipient State, in accordance with the laws in force in the respective State, in accordance with this Treaty.

This Treaty may also apply to under-age offenders and to persons to whom the competent authority of the Trasladante State has declared inimputable, for which the consent of the latter must be obtained. legally authorized to grant it.

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ARTICLE II. DEFINITIONS. For the purposes of this Treaty:

1. "State of Transfer" means the State in which the sentence has been handed down and from which the sentenced person shall be transferred.

2. "Receiver State" means the State to which the convicted person is moved to continue with the execution of the sentence handed down in the Traslading State.

3. 'Judgment' means the final judicial decision imposing on a person, as a penalty for the commission of a crime, the deprivation of liberty or restriction of liberty, in a regime of probation, sentence of execution of probation or other forms of supervision without detention. It is understood that a judgment is final when there is no ordinary legal remedy against it in the Trasladante State, or that the intended term for such actions has expired.

"Convicted Person" is the person against whom a final judgment has been given by a court or court of the Trasladante State.

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ARTICLE III. EXCEPTIONS. They shall not benefit from 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 typified, in the legislation of both Parties.

3. Those who have pending in the State Transports other criminal proceedings.

4. Those who have pending in the State the transfer of compensation for civil liability, unless the applicant demonstrates the absolute inability to comply with the payment of the penalty imposed for reasons of poverty.

5. Persons convicted of an extradition request made by a third State, which is being processed or has been agreed upon.

Without prejudice to the foregoing paragraphs, persons who have been denied the transfer may submit a new application to the authority which issued such a decision, provided that they do not persist. cause of refusal and be met with the full of the requirements laid down for that purpose.

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ARTICLE IV. REQUIREMENTS.

1. Applications submitted by nationals of one of the Parties to be transferred to the country of their nationality shall be made by the sentenced person or by his legal representative, before the Central Authority of the State of the Transports with the the following requirements:

a) That the convicted person is a national of the Receiver State;

b) That the person convicted or, in the case of the unimputable, his legal representative, expressly requests his or her transfer in writing;

c) That the acts or omissions that have resulted in the conviction are not of a political nature;

d) That the conviction to be met is not a death penalty;

e) That the sentence by which the executing sanction was imposed is firm, and that there is no legal cause other than the foregoing that prevents the departure of the sentenced person from the national territory;

f) That the application of the statement is not contrary to the internal legal order of the Receiver State.

2. Compliance with the requirements laid down in this Treaty does not imply the obligation for States to grant the shipment.

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ARTICLE V. JURISDICTION.

1. The State of the Receiver and the State of the Transfer shall have discretion to grant or deny the transfer of the sentenced person. This decision is sovereign and must be communicated to the person concerned.

2. For the purposes of calculating the sentence, the State of the Receiver shall recognize the legal decisions or measures proposed by the competent authorities of the State of the Transladante, when they involve the redemption of the penalty to the national who has requested the transfer, by factors such as good conduct, work or study, as long as these decisions or legal measures are recognized in the decision by which the transferring State manifests its conformity with the shipment.

3. The sentenced person shall continue to comply in the State of the Receiver, in accordance with its domestic law, the penalty imposed in the State of the Transformer, without the need for Exequatur.

4. The transferring state shall retain exclusive jurisdiction with respect to the sentences imposed on those convicted persons who have been transferred.

5. Under no circumstances, the sentence imposed in the Transladante State may be increased in the State Receiver.

6. The situation of the sentenced person may not be aggravated by the transfer.

7. The sentenced person who is transferred for the execution of a sentence shall not be investigated, judged, or convicted of the same offence as the sentence to be executed.

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ARTICLE VI. CENTRAL AUTHORITIES. The Parties designate as Central Authorities responsible for exercising the functions provided for in this Treaty, the Ministry of Justice and the Law of the Republic of Colombia, and the Ministry of Justice of the Republic of Cuba.

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ARTICLE VII. CRITERIA. In accordance with Article IV of this Treaty, the Parties to take the decision to grant or refuse the transfer of persons for the purpose of the execution of criminal sentences shall proceed to the case study on the case of applications presented and take into account the following criteria:

1. The decision to grant transfers will be made gradually.

2. The Parties shall pay particular attention to persons who have been fully tested for a disease that is at their terminal stage or who are of advanced age.

3. The concurrent aggravating or mitigating circumstances in the event shall be assessed.

4. The chances of reinsertion of the convicted person shall be considered, taking into account, inter alia, the conduct of the sentenced person during the time of imprisonment.

5. Any other circumstance which is of interest to be considered for the relevant purposes shall be analysed.

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ARTICLE VIII. PROCESSING.

1. The move requests submitted in accordance with Article IV shall contain the following information:

a) The name, surnames, and identification documents of the request;

(b) If appropriate, the last address in the country of nationality;

c) An exposure of the reasons for requesting your move;

d) Name of the center in which you are being held;

e) Name of the judicial authority that sentenced him;

f) Date of detention or deprivation of liberty;

g) Written statement of the convict in which he or she expresses his consent to be transferred.

2. Upon receipt of the transfer request, the Central Authority of the transferring State shall examine the information entered and if it is not complete, it shall be returned to the data subject for the purpose of completion.

3. In order to verify the nationality of the sentenced person, the Central Authority of the transferring State shall send to the Central Authority of the Receiver State, the printing of the fingerprints of the convicted person requesting the transfer.

Likewise, it will transmit a copy of the final judgment so that the Central Authority of the Receiver State, certifies if the conduct described in the executed sentence, is also typified as a criminal in its State, so be different naming.

4. The Central Authority of the Receiver State shall provide the Central Authority of the Trasladante State:

(a) Proof of the quality of the national of the sentenced person in accordance with the legislation of the respective State;

b) A copy of the legal provisions of the Receiving State on the basis of which acts or omissions that have resulted in the conviction in the State of the transfer, constitute an infringement of the criminal law according to the right of the State Receiver.

5. After the revision of the transfer request and its annexes, the Central Authority of the transferring State shall supplement it and verify it with 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 that has effectively remained private of the freedom by reason of the process in which he was convicted and the redemption of the penalty to which he has been entitled, to the moment of submit the application, whether for good behaviour, work, study and teaching, among others;

c) The medical and social report of the convicted person, as well as the respective recommendations to be taken into account by the recipient State;

d) A report indicating whether the convicted person is a permanent resident in the Traslading State.

6. Once the required information is complete, the Central Authority of the Translate State will issue its decision accepting or denying the request for transfer, which will be communicated to the interested party.

7. The Central Authority of the Trasladante State shall transmit the decision and the accompanying documentation to the Central Authority of the State of the Receiver, in order to ensure that it is in turn decided on its viability and if any document is missing, it shall request its submission.

8. The receiving State shall inform the transferring State as soon as possible of its decision to accept or refuse the requested shipment, through the Central Authority.

9. If the decision of the two Central Authorities is favourable, they shall agree on the place, date and time for the shipment, in accordance with the provisions of Article X of this Treaty.

10. The competent authority of the recipient State shall determine the prison establishment to which the sentenced person is to be transferred. In any case, taking the decision to grant or not the transfer shall take into account, inter alia, factors such as the seriousness of the offence, the capacity of the prison centres and the personal conditions of the transfer.

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ARTICLE IX. OBLIGATIONS OF THE MEMBER STATES. The Central Authority of the Trasladant State shall inform the persons sentenced to whom this procedure may be applied of the meaning of this Treaty, as well as of the legal consequences arising from it. the.

2. The person convicted of any management undertaken by the State of the Receiver or the State of transfer under this Treaty, as well as any decision taken by one of the two States in respect of his/her, shall be informed in writing. move request.

3. The Central Authorities designated in Article VI shall each six months exchange reports on the situation in which the judgments of all persons moved or of the execution of the persons concerned are met. a judgment in particular, in accordance with this Treaty.

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ARTICLE X. SURRENDER OF THE CONVICTED PERSON AND ECONOMIC BURDENS. The surrender of the person convicted by the authorities of the State of the transfer, to the authorities of the State Receiver, shall be carried out in the territory of the Trasladante State.

The Receiving State, in accordance with its internal legislation, shall bear the costs of the transfer and assume responsibility for the control from the time the sentenced person is in custody.

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ARTICLE XI. INTERPRETATION.

1. None of the provisions contained in this Treaty can be interpreted as meaning that a right to transfer is attributed to the person who has been sentenced.

2. Any doubts or disputes which may arise in the interpretation or execution of this Treaty shall be resolved directly and by mutual agreement by the Central Authorities designated in Article VI of this Treaty.

3. The Parties may conclude agreements on the development of this Treaty in order to facilitate compliance with this Treaty.

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ARTICLE XII. VALIDITY AND TERMINATION.

1. This Treaty shall enter into force on the sixty (60) days from the date on which the Parties communicate with Diplomatic Notes the fulfilment of their internal constitutional and legal requirements.

2. Any State Party may denounce this Treaty by written notification to the other State. The complaint shall enter into force six months after the date of notification. Applications which have been submitted at the time of the denunciation of this Treaty shall continue to be processed without prejudice to that complaint.

Signed in Havana, Cuba, at fourteen (14) days of the month of January of a thousand nine hundred and ninety-nine (1999), in two copies in Spanish, both texts being equally authentic.

By the Government of the Republic of Colombia,

GUILLERMO FERNANDEZ DE SOTO,

Minister of Foreign Affairs.

By 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,

NOTES:

That the present reproduction is a faithful photocopy taken from the original text of 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) of January of a thousand nine hundred and ninety-nine (1999), which rests in the archives of this office.

Dada en Santa Fe de Bogotá, D. C., at thirty (30) days of the month of April of a thousand nine hundred and ninety-nine (1999).

the Chief Legal Officer,

HECTOR ADOLFO SYNTURA VARELA.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C., July 21, 1999.

Approved, subject to the consideration of the honorable Congress

National for Constitutional Effects.

(Fdo.) ANDRES PASTRANA ARANGO

The Vice Minister of Foreign Relations, Charged with the Functions of the

Minister's Office,

(Fdo.) MARIA FERNANDA CAMPO SAAVEDRA.

DECRETA:

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ARTICLE 1o. Approve 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) of January 1, 000 nine hundred and ninety-nine (1999).

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ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Treaty on the transfer of persons convicted between the Government of the Republic of Colombia and the Government of the Republic of Cuba", signed in Havana, on the fourteenth (14) of January of a thousand nine hundred and ninety-nine (1999), which by the article First of this law is approved, it will force the country from the date on which the international link with respect to it is perfected.

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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,

MANUEL ENRIQUEZ ROSERO.

The President of the honorable House of Representatives,

NANCY PATRICIA GUTIERREZ CASTANEDA.

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 Bogotá, D. C., a 17 de julio de 2000.

ANDRES PASTRANA ARANGO

The Foreign Minister,

GUILLERMO FERNANDEZ DE SOTO.

The Minister of Justice and Law,

ROMULO GONZALEZ TRUJILLO.

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