Act 1278 2009

Original Language Title: LEY 1278 de 2009

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
ACT 1278 2009
(Jan. 5)
Official Gazette No. 47,223 of January 5, 2009 CONGRESS OF THE REPUBLIC

Through which the "Agreement between the Government of the approved Republic of Colombia and the Government of the Republic of Peru, amending the Bolivarian Extradition Convention signed on 18 July 1911 ", signed in Lima, Peru, on the twenty (22) days of October two thousand four (2004). Summary

Term Notes Effective Jurisprudence


THE CONGRESS OF COLOMBIA
having regard to the text of the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru, Bolivarian amending the Convention on Extradition signed on July 18, 1911" signed in the city of Lima, Peru, on the twenty (22) days of October two thousand and four (2004), which literally say:
(to be transcribed: photocopy of the full text of the International Instrument is attached mentioned).
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF PERU AMENDING THE AGREEMENT SIGNED ON EXTRADITION BOLIVARIANO 18 JULY 1911
The Government of the Republic of Colombia and the Government of the Republic of Peru,
CONSCIOUS of the need to undertake the widest cooperation for extradition of persons who are being prosecuted or have been convicted in a criminal proceeding;
Observing the principles of respect for sovereignty and non-interference in the internal affairs of each State and the rules and principles of international law;
WISHING and make more effective the efforts made by States in the suppression of crime;
CONCLUDE this Agreement amendment, contained in the following provisions: Article 1.

Between the Republic of Colombia and the Republic of Peru, article 1 of the Bolivarian Agreement on Extradition will read:
The States mutually agree to deliver, in accordance with what is stipulated in this Agreement, the persons investigated, prosecuted or convicted by the judicial authorities of a State and situated in the territory of the other.

ARTICLE 2. Between the Republic of Colombia and the Republic of Peru, the 2nd article of the Bolivarian Agreement on Extradition will read:
will lead to the extradition of criminal conduct, regardless of the name of the offense, that according to the laws of States are penalized by imprisonment of not less than one year freedom.
ARTICLE 3.

Between the Republic of Colombia and the Republic of Peru, the article 3 of the Bolivarian Extradition Agreement is hereby repealed.
Article 4.

Between the Republic of Colombia and the Republic of Peru, the article 4 of the Bolivarian Agreement on Extradition will read:
will not accede to the extradition of any person if the act for which asks is considered in the requested State as a political offense or related done with it and no person surrendered by either of the Contracting States to the other shall be tried or punished for any political offense or any related act with him.
For the purposes of this Agreement, they are not considered political offenses:
a) murder or other violent crime against the person of the Head of State of one of the States or members of his family;
B) Genocide, as contemplated in the Multilateral treaties and conventions which both States are parties;
C) Offences in relation to which both States have an obligation under an international multilateral agreement to extradite the person sought or to refer the case to its competent authorities for decision on prosecution.
Article 5.

Between the Republic of Colombia and the Republic of Peru, the article 5 of the Bolivarian Agreement on Extradition will read:
not be granted the extradition:
a) When, on the same Indeed, the subject of the request has already been judged, amnestied or pardoned in the State;
B) When the offense for which extradition is requested out of a strictly military nature;
C) When the requested State has substantial grounds to believe that the extradition request was filed for the purpose of prosecuting or punishing the person sought on grounds of race, religion, nationality or political opinions. Also, as if he had reason to believe that the situation was aggravated it it on such grounds;
D) Where the conduct is punishable by deprivation of liberty less than one year;
E) Where the law of the requesting State action or any prescribed penalty.

ARTICLE 6.

Between the Republic of Colombia and the Republic of Peru, Article 6 of the Bolivarian Agreement on Extradition will read:
The extradition request must be made through diplomatic channels.
Article 7.

Between the Republic of Colombia and the Republic of Peru, article 7 of the Bolivarian Agreement on Extradition will read:
When the person is prosecuted or convicted shall find the requested State, this may defer delivery until the claimed acquitted, pardoned or has served the sentence or has ceased when the reason for his arrest.
Article 8.

Between the Republic of Colombia and the Republic of Peru, article 8 of the Bolivarian Agreement on Extradition will read:
The extradition request will be made through diplomatic channels by submitting the following documents :
a) in the case of a person not condemned: Original or copy of the arrest warrant for Colombian or arrest warrant for Peru case.
B) In the case of a convicted person: Original or certified copy of the judgment and the certificate that it was not completely fulfilled, and the pending time for compliance.
1. The pieces or submit documents should contain the precise indication of the alleged offense, the date and the place where it was committed, as well as data necessary for the verification of the identity of the person sought. Should also be accompanied by copies of the texts of the law that criminalizes the conduct or behavior, as well as the legal provisions relating to the prescription of prosecution or punishment applied in the requesting State and substantiating the this competition.
2. The requesting State shall submit the request when reasonably believes that the person sought has entered or remains in the territory of the requested State.
3. If the documentation with which the extradition request is formalized person was incomplete, the requested State shall request the requesting State within ninety (90) calendar days from the date you received the petition, remedy the deficiencies . If after that period the information is not complete and the person is stopped, this will be free.
4. In matters not covered by this Agreement, the extradition procedure shall be governed by the provisions of the domestic law of the requested State.
Article 9.

Between the Republic of Colombia and the Republic of Peru, article 9 of the Bolivarian Agreement on Extradition will read:
The requesting State shall request in case of urgency the provisional arrest of the person sought, as well as the apprehension of objects relating to the offense. The request must indicate on the person sought hangs an arrest warrant or warrant of arrest or a conviction and shall indicate the date and the act on which the request, and the time and place of the partial or total commission of facts, in addition to data permitting the identification of the person whose arrest is sought. Executed
arrest, the requesting State must formalize the request within ninety (90) calendar days. In the case who is not formalized the request within the specified period, the subject of the petition shall be released and only admit a new order of detention for the same offense, if they are retaken all the formalities required by this Agreement.
Also capture the person sought will be available if the process occurs even if you have unmediated application of capture or detention.
The location of the requested person may be made through the International Criminal Police Organization - Interpol.
ARTICLE 10.

Between the Republic of Colombia and the Republic of Peru, Article 10 of the Bolivarian Agreement on Extradition is repealed.
ARTICLE 11.

Between the Republic of Colombia and the Republic of Peru, Article 11 of the Bolivarian Agreement on Extradition will read:
The extradited may not be tried or punished in the requesting State but by the facts mentioned in the extradition request nor be extradited to another State unless it has had in each case the freedom to leave that state for a month after being sentenced, having served his sentence or having been pardoned. In all these cases the extradition should be warned of the consequences which would expose their stay in the territory of that State.

The requested State may condition the surrender to the previous assurance given by the requesting State, through diplomatic channels, to the switching of the death penalty, should this be applicable to the offense that motivates the non-imposition penalties of banishment, life imprisonment and confiscation and also provided that the extradition will not be subjected to forced disappearance, torture or cruel, inhuman or degrading punishment.
In any case the due process guarantee to the person extradited.
ARTICLE 12.

Between the Republic of Colombia and the Republic of Peru, Article 13 of the Bolivarian Agreement on Extradition will read:
When a person's extradition was requested by more than one State, will proceed as follows:
a) in the case of the same fact, preference will be given to the request of the State in whose territory has been committed the crime;
B) In the case of different facts, preference will be given to the request of the State in whose territory has been committed the most serious crime;
C) In the case of different facts, preference will be given to the State that requested first, and
d) The State is required to establish the order of priority when any number of extradition requests.
ARTICLE 13.

Between the Republic of Colombia and the Republic of Peru, Article 15 of the Bolivarian Agreement on Extradition will read:
They will be required by the State the costs of the extradition request so far delivery of the extradited to the duly accredited agents of the requesting State, being in charge of this all subsequent expenses, including the cost of moving.
ARTICLE 14.

Between the Republic of Colombia and the Republic of Peru, Article 16 of the Bolivarian Agreement on Extradition is repealed.
ARTICLE 15.

Between the Republic of Colombia and the Republic of Peru, the Bolivarian Agreement on Extradition the following article is added:
The requested person can access in writing and irrevocably to his extradition in terms in which it was requested. To this end, the authority before which it is available to inform him about his right to a formal procedure and the protection that this provides. The requested State may grant extradition without carrying out the formal procedure to the extent that the requirements set out in the 2nd and 8th articles of the Bolivarian Agreement on Extradition in the way have been modified are met.
ARTICLE 16.

Between the Republic of Colombia and the Republic of Peru, the Bolivarian Agreement on Extradition the following article is added:
extradited person, after being delivered by one State to another, got escape the course of justice and return to the territory of the State, it will be stopped by simple request made through diplomatic channels and will be handed over again without further formality, and the State which was granted extradition.
ARTICLE 17.

Between the Republic of Colombia and the Republic of Peru, the Bolivarian Agreement on Extradition the following article is added:
Any dispute between the parties over the provisions of this Agreement, They shall be settled by direct diplomatic negotiations.


ARTICLE 18. Whenever the Bolivarian Agreement on Extradition the "Fugitive" expressions stating, "claimed", "prisoner" and "Nation" is understood to correspond to the terms "requested," "requested or required "," captured or detained "and" State ", respectively.


Article 19. The term "three months" in Article 14 of the Bolivarian Agreement on Extradition means corresponding to ninety (90) calendar days.


Article 20. Articles 12, 14, 17, 18 and 19 of the Bolivarian Agreement on Extradition of July 18, 1911 remain in effect.


Article 21. This Amending Agreement shall enter into force on the date of receipt of the second communication by which the States Parties compliance with the requirements of its legal system are notified and will remain in force while force the Bolivarian Agreement on Extradition of July 18, 1911.
in witness whereof, signed in Lima, Peru, on the twenty (22) days of October two thousand and four (2004) .
For the Government of the Republic of Colombia, Carolina Barco
.
For the Government of the Republic of Peru,
illegible signature. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, August 10, 2005
authorized. Submit for consideration by the honorable Congress for constitutional purposes.

(Sgd.)
The Alvaro Uribe Deputy Foreign Minister in charge of the functions of the Office of the Minister of Foreign Affairs.
(Sgd.) Camilo Reyes Rodriguez.
DECREES: Article 1.
. To approve the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru, amending the Bolivarian Extradition Convention signed on 18 July 1911", signed in Lima, Peru, on the twenty (22 ) day of October two thousand and four (2004). Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru, amending the Bolivarian Extradition Convention signed on July 18, 1911" signed in Lima, Peru, on the twenty (22) days of October two thousand and four (2004), that article 1 of this law is passed, it will force the country from the date international link from the same is perfected.
Article 3o. This law applies from the date of publication.
Given in Bogotá, DC, on August 10, 2005.
Presented to the Honorable Congress of the Republic by the Minister of Interior and Justice and the Minister of Foreign Affairs.
The Minister of Interior and Justice Carlos Holguín Sardi
.
The Minister of Foreign Affairs Fernando Araújo Perdomo
. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, August 10, 2005
authorized. Submit to the consideration of the Honorable Congress for constitutional purposes.
(Sgd.)
The Alvaro Uribe Deputy Foreign Minister in charge of the functions of the Office of the Minister of Foreign Affairs,
(Sgd.) Camilo Reyes Rodriguez.
DECREES: Article 1.
. To approve the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru, amending the Bolivarian Extradition Convention signed on 18 July 1911", signed in Lima, Peru, on the twenty (22 ) day of October two thousand and four (2004). Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru, amending the Bolivarian Extradition Convention signed on July 18, 1911" signed in Lima, Peru, on the twenty (22) days of October two thousand and four (2004), that article 1 of this law is passed, it will force the country from the date international link from the same is perfected.
Article 3o. This law applies from the date of publication.
The President of the honorable Senate,
HERNÁN SERRANO FRANCISCO ANDRADE.
The Secretary General of the honorable Senate,
EMILIO OTERO DAJUD.
The President of the honorable House of Representatives, GERMÁN
MALE Cotrino.
The Secretary General of the honorable House of Representatives,
JESUS ​​ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
transmittal and enforcement.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on January 5, 2009.

Alvaro Uribe Minister of Interior and Justice, Fabio Valencia Cossio
.
The Minister of Foreign Affairs Jaime Bermudez
.


Related Laws