Advanced Search

Act 636 2001

Original Language Title: LEY 636 de 2001

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

ACT 636 OF 2001

(January 4)

Official Journal No 44.281 of 4 January 2001

By means of which the "Inter-American Convention on Mutual Assistance in Criminal Matters" is approved, signed in Nassau, Bahamas, on May 23, 2000 and two (1992) and the "Optional Protocol on Mutual Assistance in Criminal Matters". Inter-American Convention on Mutual Assistance in Criminal Matters, adopted in Managua, Nicaragua, on June 11, 2000, nine hundred and ninety-three (1993).

Vigency Notes Summary

COLOMBIA CONGRESS

Having regard to the text of the "Inter-American Convention on Mutual Assistance in Criminal Matters", signed in Nassau, Bahamas, on 23 May 2000 and two (1992) and the "Optional Protocol on the Inter-American Convention on Mutual Assistance in Criminal Matters" mutual assistance in criminal matters, adopted in Managua, Nicaragua, on June 11, thousand nine hundred and ninety-three (1993), which the letter says:

(To be transcribed: photocopy of the full text of each of the mentioned International Instruments is attached).

® INTER-AMERICAN ASSISTANCE CONVENTION

MUTUAL IN CRIMINAL MATTERS

Adopted in the 22nd Ordinary Period

General Assembly Sessions

Nassau, Bahamas

May 23, 1992

INTER-AMERICAN CONVENTION ON

MUTUAL ASSISTANCE IN CRIMINAL MATTERS

PREAMBLE

THE MEMBER STATES OF THE ORGANIZATION

OF THE AMERICAN STATES,

Considering:

That the Charter of the Organization of American States in its article 2o, literal e), establishes as the essential purpose of the American States "to seek the solution of the political, legal and economic problems that arise between them", and

That the adoption of common rules in the field of mutual assistance in criminal matters will contribute to that purpose,

Adopt the following Inter-American Convention on Mutual Assistance in Criminal Matters:

CHAPTER I.

GENERAL PROVISIONS

ARTICLE 1o. OBJECT OF THE CONVENTION. States Parties undertake to provide mutual assistance in criminal matters, in accordance with the provisions of this Convention.

Ir al inicio

ARTICLE 2o. IMPLEMENTATION AND SCOPE OF THE CONVENTION. States Parties shall provide mutual assistance in criminal investigations, trials and actions concerning crimes whose knowledge is of competence of the State of the request for assistance.

This Convention does not empower a State Party to undertake in the territory of another State Party the exercise of the jurisdiction or the performance of functions reserved exclusively to the authorities of the other Party for its internal legislation.

This Convention applies only to the provision of mutual assistance between the States Parties; its provisions do not entitle individuals to obtain or exclude evidence, or to prevent the execution of any request for such assistance. assistance.

Ir al inicio

ARTICLE 3o. CENTRAL AUTHORITY. Each State shall designate a Central Authority at the time of signature, ratification or accession to this Convention.

Central Authorities will be responsible for sending and receiving requests for assistance.

The Central Authorities shall communicate to each other directly for all the purposes of this Convention.

Ir al inicio

ARTICLE 4. The assistance referred to in this Convention, taking into account the diversity of the legal systems of the States Parties, shall be based on requests for cooperation from the authorities. responsible for the investigation or prosecution of crimes in the requesting State.

Ir al inicio

ARTICLE 5o. DOUBLE CRIMINALITY. The assistance shall be provided even if the origin is not punishable under the law of the requested State.

When the request for assistance relates to the following measures:

a) Embargo and Kidnapping of Goods; and

(b) Inspections and seizures, including home records and searches, the requested State may not provide assistance if the fact that the application originates is not punishable under its law.

Ir al inicio

ARTICLE 6o. For the purposes of this Convention, the fact must be punishable by one year or more imprisonment in the requesting State.

Ir al inicio

ARTICLE 7o. IMPLEMENTATION OF THIS CONVENTION. The assistance provided for in this Convention shall include, inter alia, the following acts:

a) Notification of resolutions and statements;

b) Receiving testimonials and statements from people;

c) Notification of witnesses and experts to testify;

d) Practice of freezing and sequestration of assets, freezing of assets and assistance in procedures relating to seizure;

e) Carry out inspections or seizures;

f) Browse objects and places;

g) Exhibit court documents;

h) Remission of documents, reports, information, and test elements;

i) The transfer of persons detained for the purposes of this Convention, and

j) Any other act provided that there is agreement between the Requested State and the Requested State.

Ir al inicio

ARTICLE 8o. MILITARY CRIMES. This Convention shall not apply to crimes subject exclusively to military law.

Ir al inicio

ARTICLE 9o. REFUSAL OF ASSISTANCE. The requested State may refuse assistance when on trial:

(a) The request for assistance is used for the purpose of judging a person on a charge for which that person has already been previously convicted or acquitted in a trial in the required or required State;

b) The investigation has been initiated in order to prosecute, punish or discriminate in any form against persons or groups of persons for reasons of sex, race, social status, nationality, religion or ideology;

c) The application relates to a political or related offence with a political offence, or common offence pursued for a political reason;

d) This is an application originating at the request of a court of exception or an ad hoc tribunal;

e) Public order, sovereignty, security, or fundamental public interests are affected, and

f) The application refers to a tax offence. However, assistance shall be provided if the offence is committed by an intentionally false declaration made orally or in writing, or by an intentional omission of declaration, in order to conceal income from any other offence. crime covered by this Convention.

CHAPTER II.

REQUESTING, PROCESSING, AND RUNNING THE ASSISTANCE

Ir al inicio

ARTICLE 10. REQUEST FOR ASSISTANCE: REGULATION. Requests for assistance from the Requested State shall be made in writing and shall be executed in accordance with the internal law of the requested State.

To the extent that the legislation of the requested State is not contravened, the procedures mentioned in the request for assistance in the form expressed by the requesting State will be fulfilled.

Ir al inicio

ARTICLE 11. The requested State may, with explanation of cause, defer the execution of any request that has been made to it in the event that it is necessary to continue an investigation or procedure in the requested State.

Ir al inicio

ARTICLE 12. Documents and objects sent in compliance with an assistance request will be returned to the requested State within the shortest possible time, unless otherwise decided by the requested State.

Ir al inicio

ARTICLE 13. REGISTRATION, SEIZURE, SEIZURE AND DELIVERY OF OBJECTS. The requested State shall comply with the application for the registration, seizure, and surrender of any object, including, inter alia, documents, antecedents or effects, if the authority competent determines that the application contains the information justifying the proposed measure. Such a measure shall be subject to the procedural and substantive law of the requested State.

As provided for in this Convention, the requested State shall determine in accordance with its law any requirements necessary to protect the interests of third parties on the objects to be transferred.

Ir al inicio

ARTICLE 14. MEASURES FOR SECURING GOODS. The Central Authority of one of the Parties may communicate to the Central Authority of the other Party the information it has on the existence in the territory of the other Party, of the income, fruits or instruments of a crime.

Ir al inicio

ARTICLE 15. The Parties shall provide mutual assistance, to the extent permitted by their laws, in order to promote the precautionary procedures and the measures for securing the income, fruits or instruments of the crime.

Ir al inicio

ARTICLE 16. The date, place, and mode of the assistance request execution. The requested State shall fix the date and place of execution of the request for assistance and may communicate them to the requesting State.

The authorities and the interested parties, or their representatives, of the requesting State may, after prior knowledge of the Central Authority of the requested State, be present and participate in the implementation of the request for assistance in the measure not to be prohibited by the law of the requested State and has expressed the consent of its authorities in this respect.

CHAPTER III.

NOTIFICATION OF RESOLUTIONS, PROVIDENCES, AND STATEMENTS

AND HEARING WITNESSES AND EXPERTS.

Ir al inicio

ARTICLE 17. At the request of the requesting State, the requested State shall make the notification of decisions, judgments or other documents from the competent authorities of the requesting State.

Ir al inicio

ARTICLE 18. TESTIMONY IN THE REQUESTED STATE. At the request of the requesting State any person who is in the requested State shall be summoned to appear in accordance with the law of the State addressed to the competent authority to testify or to provide documents, background or evidence.

Ir al inicio

ARTICLE 19. TESTIMONY IN THE REQUESTING STATE. When the requesting State requests the appearance of a person on its territory to testify or report, the requested State shall invite the witness or expert to appear on a voluntary basis. to the competent authority of the requesting State and without using any binding or coercive measures. If deemed necessary, the Central Authority of the requested State may record in writing the consent of the person to appear in the requesting State. The Central Authority of the requested State shall promptly inform the Central Authority of the requesting State of such response.

Ir al inicio

ARTICLE 20. TRANSFER OF DETAINEES. The person subject to a criminal procedure in the requested State whose appearance in the required State is required by virtue of the assistance provided for in this Convention shall be temporarily transferred for that purpose. to the requesting State, provided that person and the requested State consent to such transfer.

The person subject to a criminal procedure in the requesting State whose appearance in the requested State is required by virtue of the assistance provided for in this Convention, shall be temporarily transferred to the requested State, provided that It is agreed by that person and both states.

The above may be denied, among others, in the following cases:

a) If the person being detained or who is serving a sentence will deny consent to such a transfer;

b) While their presence is necessary in a pending investigation or criminal trial in the jurisdiction to which the person is subject;

(c) If there are other considerations of legal or other order, determined by the competent authority of the requested or required State.

For the purposes of this Article:

(a) The receiving State shall have the power and the obligation to keep the person transferred in physical custody unless the sending State indicates otherwise;

(b) The receiving State shall return the person transferred to the State which sent it as soon as circumstances permit or subject to the agreement between the central authorities of both States;

(c) With regard to the return of the transferred person, it shall not be necessary for the sending State to promote an extradition procedure;

(d) The time spent in the receiving State shall be computed, for the purposes of compliance with the sentence imposed on it in the sending State, and

e) The permanence of that person in the receiving State under no circumstances may exceed the period of time for the fulfilment of the sentence or sixty days, according to the deadline to be met first, unless the person and the two States consent Extend it.

Ir al inicio

ARTICLE 21. TRANSIT. The States Parties shall cooperate, as far as possible, for the transit through their territory of the persons referred to in the previous Article, provided that the Authority has been notified in due time Central, respective and that these persons travel in the custody of agents of the requesting State.

The above notice shall not be necessary when the means of air transport are used and no regular landing has been planned in the territory of the State or States Parties to be flown.

Ir al inicio

ARTICLE 22. SALVOITTO TO. The appearance or transfer of the person who consents to testify or to testify as provided in this Convention shall be conditional, if the person or the sending State so requests prior to such an appearance or transfer, to which the requested State grants a laissez-passer under which, while in that State, it shall not:

a) Being detained or prosecuted for offences prior to departure from the territory of the sending State;

b) Be required to declare or testify in procedures not specified in the application, and

c) Be detained or prosecuted based on the statement you provide, except in case of contempt or false testimony.

The laissez-passer provided for in the preceding paragraph shall cease when the person voluntarily extends his stay in the territory of the receiving State for more than 10 days from the moment his presence is no longer necessary in that State, as communicated to the sending State.

Ir al inicio

ARTICLE 23. For witnesses or experts, the corresponding questions, interrogations or questionnaires shall be accompanied, as necessary and possible.

CHAPTER IV.

REFERRAL OF INFORMATION AND BACKGROUND

Ir al inicio

ARTICLE 24. In cases where the assistance proceeds under this Convention, upon request, and in accordance with its internal procedure, the requested State shall provide the requesting State with a copy of the documents, background or information of a public nature in the governmental agencies and agencies of the requested State.

The requested State may provide copies of any document, background or information that is in a governmental agency or agency of that State but which is not of a public nature, to the same extent and subject to the same the conditions under which they would be provided to their own judicial authorities, or other law enforcement authorities. The requested State may, in its opinion, totally or partially refuse a request made under this paragraph.

Ir al inicio

ARTICLE 25. LIMITATION TO THE USE OF INFORMATION OR EVIDENCE. The requesting State may not disclose or use any information or evidence obtained pursuant to this Convention for purposes other than those specified in the application for assistance, without prior consent of the Central Authority of the requested State.

In exceptional cases, if the Require State will need to disclose and use, in whole or in part, the information or evidence for purposes other than those specified, it will request the corresponding authorization from the requested State, which, his trial, may or may not, in whole or in part, deny the request.

The information or evidence to be disclosed and used, to the extent necessary for the proper compliance with the procedure or measures specified in the application, shall not be subject to the authorization requirement referred to in this Article. Article.

Where necessary, the requested State may request that the information or evidence provided be kept confidential in accordance with the conditions specified by the Central Authority. If the requesting Party is unable to comply with such request, the central authorities shall consult each other to determine the conditions of confidentiality that are mutually appropriate.

CHAPTER V.

PROCEDURE

Ir al inicio

ARTICLE 26. THE REQUESTS FOR ASSISTANCE WILL CONTAIN THE FOLLOWING INDICATIONS.

(a) Delito referred to in the procedure and summary description of the acts of incorporation of the same, criminal investigation or judgment in question and description of the facts referred to in the application;

b) Act originating the request for assistance with an accurate description of the request;

(c) Where relevant, the description of any procedure or other special requirements of the requesting State;

d) A precise description of the assistance requested and all the information necessary for the application.

When a request for assistance cannot be fulfilled by the requested State, it will return it to the requesting State with explanation of the cause.

The requested State may request additional information when necessary to comply with the request in accordance with its domestic law or to facilitate such compliance.

Where necessary, the requesting State shall, where appropriate, proceed as provided for in the last paragraph of Article 24 of this Convention.

Ir al inicio

ARTICLE 27. The documents that are processed in accordance with this Convention through the Central Authorities will be exempt from legalization or authentication.

Ir al inicio

ARTICLE 28. Assistance requests and accompanying documentation must be translated into an official language of the required state.

Ir al inicio

ARTICLE 29. The requested State shall take charge of all the ordinary costs of execution of an application within its territory, with the exception of the following, which shall be borne by the Requested State:

a) Expert fees, and

(b) Travel and related expenses arising from the transport of persons from the territory of one State to the other.

If it appears that the processing of the application could cause extraordinary costs, the States Parties will consult to determine the terms and conditions under which the assistance could be provided.

Ir al inicio

ARTICLE 30. To the extent that they deem it useful and necessary for the best compliance with this Convention, States Parties may exchange information on matters related to the implementation of this Convention. the same.

Ir al inicio

ARTICLE 31. LIABILITY. The internal law of each Party regulates liability for damages that may arise from the acts of its authorities in the execution of this convention.

Neither Party shall be liable for any damages arising from acts of the authorities of the other Party in the formulation or execution of an application under this Convention.

CHAPTER VI.

FINAL CLAUSES

Ir al inicio

ARTICLE 32. This convention shall be open to the signature of the Member States of the Organization of American States.

Ir al inicio

ARTICLE 33. THIS CONVENTION SHALL BE SUBJECT TO RATIFICATION. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

Ir al inicio

ARTICLE 34. THIS CONVENTION SHALL BE OPEN TO THE ACCESSION OF ANY OTHER STATE. The instruments of accession shall be deposited with the General Secretariat of the Organization of American States.

Ir al inicio

ARTICLE 35. Each State may make reservations to this Convention at the time of signing, approving, ratifying or acceding to it, provided that the reservation is made on one or more specific provisions and not is incompatible with the object and purpose of the convention.

Ir al inicio

ARTICLE 36. This convention shall not be construed as affecting or restricting the obligations in force, in accordance with the terms of any other international, bilateral or multilateral convention that contains or may contain clauses governing specific aspects of mutual assistance in criminal matters, in part or in total, or the most favourable practices which those States may observe in this field.

Ir al inicio

ARTICLE 37. This Convention shall enter into force on the 30th day from the date on which the second instrument of ratification has been deposited.

For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the 30th day from the date on which the Convention has deposited its instrument of ratification or accession.

Ir al inicio

ARTICLE 38. States Parties that have two or more territorial units in which different legal systems related to matters dealt with in this Convention shall be required to declare, in the the moment of signature, ratification or accession, that the convention will apply to all its territorial units or only to one or more of them.

Such statements may be notified by subsequent declarations, which expressly specify the unit or territorial units to which this convention applies. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall take effect thirty days after their receipt.

Ir al inicio

ARTICLE 39. This Convention shall govern indefinitely, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year, starting from the date of deposit of the instrument of denunciation, the convention shall cease for the purposes of the reporting State, remaining to the other States Parties.

Ir al inicio

ARTICLE 40. The original instrument of this convention, whose texts in Spanish, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of the American States, which shall send authentic copies of its text for registration and publication to the General Secretariat of the United Nations, in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the Member States of this Organization and the States that have acceded to the Convention on the signatures and deposits of instruments of ratification, accession and denunciation, as well as the reservations to be made. It shall also forward the declarations provided for in Article 38.

OPTIONAL CONVENTION CONCERNING CONVENTION

INTER-AMERICAN ON ASSISTANCE

MUTUAL IN CRIMINAL MATTERS

Adopted in Managua, Nicaragua, June 11, 1993,

in the 21st ordinary period of

General Assembly sessions

OPTIONAL PROTOCOL RELATED TO THE INTER-AMERICAN

CONVENTION ON MUTUAL ASSISTANCE

IN CRIMINAL MATTERS

Adopted at Managua, Nicaragua, on June 11, 1993,

at the Twenty-third Regular Session

of the General Assembly

OPTIONAL PROTOCOL RELATIVE TO CONVINCCO

INTER-AMERICAN ON ASSISTANCE

MUTUAL CRIMINAL MATTERS

Adopted em Managua, Nicaragua, em 11 de junho de 1993,

No Twenty-Terceiro Ordinary Period of

Sessaes da Assembleia Geral

PROTOCOLE FACULTATIF A LA CONVENTION

INTERAMERICAINE SUR L' ENTRAIDE EN

MATIORE PENALE

Adopt Managua, Nicaragua, le 11 juin 1993,

lors of the vingt-troisième Session ordinaire

de l' Assemblée Generale

GENERAL SECRETARY

ORGANIZATION OF AMERICAN STATES

WASHINGTON, D. C.

1995

OPTIONAL PROTOCOL RELATIVE TO

INTER-AMERICAN CONVENTION ON

MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Adopted in Managua, Nicaragua,

on June 11, 1993, on the

twenty-third regular session

of the General Assembly

OPTIONAL INTER-AMERICAN CONVENTION PROTOCOL

ABOUT MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Member States of the Organization of American States,

Having presented the Inter-American Convention on Mutual Assistance in Criminal Matters (hereinafter referred to as "the Convention", approved in Nassau on 23 May 1992,

Have agreed to adopt the following Optional Protocol on the Inter-American Convention on Mutual Assistance in Criminal Matters:

ARTICLE 1o. In any event where the application originates from another State Party to this Protocol, the States Parties thereto shall not exercise the right stipulated in paragraph (f) of Article 9o. of the Convention to refuse requests for assistance by establishing a refusal exclusively in the tax character of the offence.

ARTICLE 2o. When a State Party to this Protocol acts as a required State under the Convention, it shall not refuse assistance requiring the adoption of the measures referred to in Article 5o. of the convention, in the event that the act specified in the application corresponds to a tax offence of the same kind as defined in the legislation of the requested State.

Final clauses

ARTICLE 3o. 1. This Protocol shall be open to the signature of the OAS Member States at the General Secretariat of the OAS as of 1. of January 1994 inclusive, and shall be subject to the ratification or accession of the States Parties to the Convention, exclusively.

2. This Protocol shall be open to the accession of any other State which acceded to or acceded to the Convention in accordance with the conditions laid down in this Article.

3. The instruments of ratification and accession shall be deposited with the General Secretariat of the Organization of American States.

4. Each State may make reservations to this Protocol at the time of signature, ratification or accession, provided that the reservation is not incompatible with the purpose and purpose of the Protocol.

5. This Protocol shall not be construed as modifying or restricting existing obligations under other international, bilateral or multilateral conventions, which shall govern in whole or in part any particular aspect of the Protocol. international assistance in criminal matters or the most favourable practices which those States observe.

6. This Protocol shall enter into force on the 30th day following the date on which the two States Parties have deposited their instruments of ratification or accession, provided that the Convention has entered into force.

7. For each State ratifying the Protocol or acceding to it after the deposit of the second instrument of ratification or accession, this Protocol shall enter into force on the 30th day from the date on which that State has deposited its Protocol. instrument of ratification or accession, provided that that State is a Party to the Convention.

8. States Parties which have two or more territorial units in which different legal systems relate to matters dealt with in this Protocol shall, at the time of signature, ratification or accession, declare whether the This Protocol shall apply to all its territorial units or only to one or more of them.

9. The declarations referred to in paragraph 8 of this Article may be amended by subsequent declarations, which shall expressly specify the unit or territorial units to which this Protocol applies. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall take effect thirty days after their receipt.

ARTICLE 4. This Protocol shall remain in force for the duration of the Convention, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, this Protocol shall cease to be effective for the reporting State, remaining to the other States Parties.

ARTICLE 5o. The original instrument of this Protocol, whose texts in Spanish, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which will send an authentic copy of your text to the United Nations Secretariat for registration.

The General Secretariat of the Organization of American States shall notify the Member States of the Organization and the States that have acceded to the Convention and the Protocol of the signatures and deposits of instruments of ratification, accession and denunciation, as well as the reservations which it has. It shall also transmit the declarations provided for in Article 3or. of this Protocol.

Made in the city of Managua, Nicaragua, on the 11th of June of a thousand nine hundred and ninety-three.

EXECUTIVE BRANCH OF THE PUBLIC POWER-PRESIDENCY OF THE REPUBLIC

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

Approved. Submit to the consideration of the honorable National Congress, for the constitutional effects

(Fdo.) ANDRES PASTRANA ARANGO

(Fdo.) MARIA FERNANDA FIELD SAAVEDRA¯

The Deputy Minister of Foreign Affairs, commissioned

of the functions of the minister's office.

DECRETA:

ARTICLE 1o. Approve the "Inter-American Convention on Mutual Assistance in Criminal Matters" signed in Nassau, Bahamas, on 23 May 2000, nine hundred and ninety-two (1992) and the " Optional Protocol on the Inter-American Convention on Mutual Assistance in Criminal Matters, adopted in Managua, Nicaragua, on June 11, 1000 nine hundred and ninety-three (1993),

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a.  1944, the "Inter-American Convention on Mutual Assistance in Criminal Matters", signed in Nassau, Bahamas, on May 23, 2000 and two (1992) and the " Optional Protocol on the Inter-American Convention on Assistance Mutual in Criminal Matters ", adopted in Managua, Nicaragua, on June 11, thousand nine hundred and ninety-three (1993), which by article 1or. of this law will be approved, will force the country from the date on which the international link with respect to the same will be perfected.

ARTICLE 3o. This law applies as of the date of its publication.

MARIO URIBE ESCOBAR

The President of the honorable Senate of the Republic

MANUEL ENRIQUEZ ROSERO

The Secretary General of the honorable Senate of the Republic

BASILIO VILLAMIZAR TRUJILLO

The President of the Honourable House of Representatives

ANGELINO LIZANO RIVERA

The Secretary General of the Honourable House of Representatives

COLOMBIA-NATIONAL GOVERNMENT

COMMUNICATE AND COMPLY

Execute, upon revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., 4 January 2001.

ANDRES PASTRANA ARANGO

GUILLERMO FERNANDEZ DE SOTO

The Foreign Minister

ROMULO GONZALEZ TRUJILLO

The Minister of Justice and Law

Ir al inicio