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Act 1278 2009

Original Language Title: LEY 1278 de 2009

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1278 OF 2009

(January 5)

Official Journal No. 47,223 of 5 January 2009

CONGRESS OF THE REPUBLIC

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

Vigency Notes Summary
Effective Case-law

COLOMBIA CONGRESS

Having regard to the text of the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru, amending the Bolivarian Convention of Extradition signed on 18 July 1911," signed in the city of Lima, Peru, to the twenty-two (22) days of the month of October of two thousand four (2004), which to the letter say:

(To be transferred: photocopy of the full text of the International Instrument mentioned).

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF PERU, AMENDING THE BOLIVARIAN CONVENTION OF EXTRADITION SIGNED ON JULY 18, 1911

The Government of the Republic of Colombia and the Government of the Republic of Peru,

CONSCIOUS of the need to undertake the most extensive cooperation for the extradition of persons who are being prosecuted or have been convicted in criminal proceedings;

OBSERVING the principles of respect for sovereignty and non-interference in the internal affairs of each State, as well as the norms and principles of International Law; and

DESIRING to make more effective the efforts made by the States in the repression of crime;

CONCLUDE this Amending Agreement, contained in the following clauses:

ARTICLE 1.

Between the Republic of Colombia and the Republic of Peru, Article 1 of the Bolivarian Agreement of Extradition will thus remain:

States agree to give each other, in accordance with the provisions of this Agreement, persons investigated, prosecuted or convicted by the judicial authorities of one of the States and who are in the territory of the other.

ARTICLE 2.

Between the Republic of Colombia and the Republic of Peru, Article 2o of the Bolivarian Agreement of Extradition will remain so:

Punishable conduct, regardless of the denomination of the offence, which according to the laws of the States are sanctioned with a custodial sentence of no less than one year, shall be subject to extradition.

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ARTICLE 3.

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

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ARTICLE 4.

Between the Republic of Colombia and the Republic of Peru, Article 4 of the Bolivarian Agreement of Extradition will thus remain:

No person's extradition will be accessed if the fact for which it is requested is considered in the requested State as a political offence or made related to it and no person given by any of the Contracting States to the other will be is not sanctioned for any political offence or for any related act with him.

For the purposes of this Agreement, no political crimes are considered:

a) Homicide 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 provided for in the Treaties and Multilateral Conventions of which both States are a party;

(c) Offences in relation to which both States have the obligation under any International Multilateral Agreement to extradite the requested person or to refer the case to their competent authorities to decide on their processing.

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ARTICLE 5.

Between the Republic of Colombia and the Republic of Peru, Article 5o of the Bolivarian Agreement of Extradition will thus remain:

Extradition will not be granted:

(a) When, by the same fact, the person who is the subject of the petition has already been tried, amnestied or pardoned in the requested State;

(b) Where the criminal offence for which extradition is sought is strictly military in nature;

(c) When the requested State has grounds to assume that the request for extradition was submitted for the purpose of pursuing or sanctioning the requested person on the grounds of race, religion, nationality or political views. Likewise, as if it had reason to assume that the situation of the same was aggravated for such reasons;

d) When the conduct is sanctioned with a custodial sentence of less than one year;

(e) Where the action or the penalty is prescribed in accordance with the legislation of the requesting State.

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ARTICLE 6.

Between the Republic of Colombia and the Republic of Peru, Article 6o of the Bolivarian Agreement of Extradition will remain so:

The extradition request must be made through diplomatic channels.

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ARTICLE 7.

Between the Republic of Colombia and the Republic of Peru, Article 7o of the Bolivarian Agreement of Extradition will remain so:

When the claimed person is processed or convicted by the requested State, the requested State may defer delivery until the claimed person is acquitted, pardoned, or has served time or when the reason for his detention has ceased.

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ARTICLE 8.

Between the Republic of Colombia and the Republic of Peru, Article 8 of the Bolivarian Agreement of Extradition will thus remain:

The request for extradition will be made through the diplomatic route through the presentation of the following documents:

a) When this is an uncondemned person: Original or copy of the arrest warrant for the Colombian case or the arrest warrant for the Peruvian case.

b) In the case of a convicted person: Original or certified copy of the conviction and certificate that the sentence was not fully complied with, as well as the pending time for compliance.

1. The parts or documents submitted must contain the precise indication of the fact that the person is charged, the date and place of the task, as well as the particulars necessary for the verification of the identity of the person claimed. They must also be accompanied by copies of the texts of the law which typifies the conduct or conduct, as well as the legal provisions relating to the prescription of criminal action or the penalty applied in the requesting State and the which are based on the competence of the latter.

2. The requesting State shall submit the application where it reasonably considers that the requested person has entered or remains in the territory of the requested State.

3. If the documentation with which the request for extradition is formalized is incomplete, the requested State shall request the requesting State that within ninety (90) calendar days, counted from the date on which it received the request, remedy the deficiencies observed. If the deadline is not complete, the information will be released and the person will be released.

4. As provided for in this Agreement, the extradition procedure shall be governed by the provisions of the internal legislation of the requested State.

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ARTICLE 9.

Between the Republic of Colombia and the Republic of Peru, Article 9o of the Bolivarian Agreement of Extradition will remain so:

The requesting State will request in case of urgency the preventive detention of the requested person, as well as the apprehension of the objects related to the crime. The order must indicate that the requested person has a warrant or arrest warrant or a conviction and must indicate the date and the facts that motivate the request, as well as the time and place of the partial or total commission of the facts, in addition to the data allowing the identification of the person whose arrest is requested.

Executed the arrest, the requesting State must formalize the order within ninety (90) calendar days. In the event that the order is not formalized within the prescribed period, the person subject to the request will be released and only a new arrest warrant will be accepted for the same fact, if all the formalities required in this case are retaken. Agreement.

Also, the requested person will be captured if the formalization occurs even when there is no request for a capture or preventive detention.

The location of the required person may be made through the International Criminal Police Organization-Interpol.

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ARTICLE 10.

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

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ARTICLE 11.

Between the Republic of Colombia and the Republic of Peru, Article 11 of the Bolivarian Agreement of Extradition will remain so:

The extradited will not be able to be tried or punished in the requesting State, but by the facts mentioned in the extradition request, nor will he be handed over to another state, unless he has had in one case the freedom to leave the country. State for a month after being sentenced, having served the sentence or being pardoned. In all of these cases, the extradited must be warned of the consequences of their stay in the territory of that State.

The requested State will condition the delivery to the prior guarantee given by the requesting State, through diplomatic means, to the commutation of the death penalty, if it is the one applicable to the crime that motivates it, to the non-imposition of the penalties of exile, perpetual imprisonment and confiscation and also provided that the extradition is not subjected to enforced disappearance, torture or cruel, inhuman or degrading treatment or punishment.

In any case, due process will be guaranteed to the person extradited.

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ARTICLE 12.

Between the Republic of Colombia and the Republic of Peru, Article 13 of the Bolivarian Extradition Agreement will thus remain:

When the extradition of a person is requested by more than one State, it shall proceed as follows:

(a) In the case of the same fact, preference shall be given to the request of the State in whose territory the offence has been committed;

(b) In the case of different facts, preference shall be given to the request of the State in whose territory the most serious offence has been committed;

c) In the case of different facts, preference will be given to the requesting State in the first place, and

d) It is for the requested State to establish the order of precedence when there are several extradition requests.

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ARTICLE 13.

Between the Republic of Colombia and the Republic of Peru, Article 15 of the Bolivarian Agreement of Extradition will remain so:

The requested State shall be in charge of the costs arising from the extradition request up to the moment of the surrender of the extradition to the duly accredited agents of the requesting State, with all subsequent expenses being borne by it, including those of the shipment.

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ARTICLE 14.

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

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ARTICLE 15.

Between the Republic of Colombia and the Republic of Peru, the Bolivarian Agreement of Extradition is added to the following article:

The requested person may access in writing and irrevocably his extradition in the terms in which it was requested. For this purpose, the authority to which it is made available shall inform you of its right to a formal procedure and of the protection afforded to it. The requested State may grant the extradition without the formal procedure being carried out in so far as the requirements laid down in Articles 2 and 8 of the Bolivarian Agreement on Extradition in the manner in which they are fulfilled are fulfilled. modified.

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ARTICLE 16.

Between the Republic of Colombia and the Republic of Peru, the Bolivarian Agreement of Extradition is added to the following article:

The person extradited who, after being handed over by one State to the other, will be able to escape the action of justice and return to the territory of the requested State, will be stopped by simple request made by the diplomatic route and will be handed over again, without any other formality, to the State to which the extradition was already granted.

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ARTICLE 17.

Between the Republic of Colombia and the Republic of Peru, the Bolivarian Agreement of Extradition is added to the following article:

Disputes arising between the Parties on the provisions of this Agreement shall be resolved by direct diplomatic negotiations.

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ARTICLE 18.

Whenever the Bolivarian Agreement of Extradition mentions the expressions "fugitive", "claimed", "prisoner" and "Nation", it is understood that they correspond to the expressions "requested", "requested or required", "captured or detained" and "State", respectively.

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ARTICLE 19.

The term "three months" contained in Article 14 of the Bolivarian Agreement of Extradition shall be understood to correspond to the term of ninety (90) calendar days.

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ARTICLE 20.

Articles 12, 14, 17, 18 and 19 of the Bolivarian Agreement of Extradition of July 18, 1911 remain in force.

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ARTICLE 21.

This Amending Agreement shall enter into force on the date of receipt of the second communication by which the States Parties notify each other of the fulfilment of the requirements laid down in their legal order and shall remain in force for as long as The Bolivarian Agreement of Extradition on July 18, 1911 is in force.

In faith of which, it is signed in the city of Lima, Peru, at twenty-two (22) days of October of two thousand four (2004).

By the Government of the Republic of Colombia,

SHIP CAROLINA.

By the Government of the Republic of Peru,

UNREADABLE SIGNATURE.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., August 10, 2005

Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Deputy Minister of Foreign Affairs in charge of the Office of the Foreign Minister.

(Fdo.) Camilo Reyes Rodriguez.

DECRETA:

Article 1o. Approve the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru, amending the Bolivarian Convention of Extradition signed on July 18, 1911," signed in the city of Lima, Peru, at twenty-two (22) days of October of two thousand four (2004).

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru, Amending the Bolivarian Convention of Extradition, signed on July 18, 1911 ", signed in the city of Lima, Peru, at twenty-two (22) days of October of two thousand four (2004), which by article 1 of this law is approved, will force the country from the date on which the international bond is perfected of the same.

Article 3o. This law governs from the date of its publication.

Dada in Bogota, D.C., 10 August 2005.

Presented to the honorable Congress of the Republic by the Minister of the Interior and Justice and the Minister of Foreign Affairs.

The Minister of the Interior and Justice,

CARLOS HOLGUIN SARDI.

The Foreign Minister,

FERNANDO ARAUJO PERDOMO.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., August 10, 2005

Authorized. Submit to the consideration of the Honorable Congress of the Republic for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Deputy Minister of Foreign Affairs in charge of the Office of the Foreign Minister's Office,

(Fdo.) Camilo Reyes Rodriguez.

DECRETA:

Article 1o. Approve the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru, amending the Bolivarian Convention of Extradition signed on July 18, 1911," signed in the city of Lima, Peru, at twenty-two (22) days of October of two thousand four (2004).

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru, Amending the Bolivarian Convention of Extradition, signed on July 18, 1911 ", signed in the city of Lima, Peru, at twenty-two (22) days of October of two thousand four (2004), which by article 1 of this law is approved, will force the country from the date on which the international bond is perfected of the same.

Article 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

HERNAN FRANCISCO ANDRADE SERRANO.

The Secretary General of the honorable Senate of the Republic,

EMILIO OTERO DAJUD.

The President of the honorable House of Representatives,

GERMAN MALE COTRINO.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

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

Dada en Bogotá, D. C., a 5 de enero de 2009.

ALVARO URIBE VELEZ

The Minister of the Interior and Justice,

FABIO VALENCIA COSSIO.

The Foreign Minister,

JAIME BERMUDEZ MERIZALDE.

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