Key Benefits:
ACT 1596
(December 21)
Official Journal No. 48,651 of 21 December 2012
CONGRESS OF THE REPUBLIC
By means of which the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters" is approved, signed in Moscow, Russia, on April 6, 2010.
The Congress of the Republic
Having regard to the text of the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on 6 April 2010, which reads:
(To be transcribed: photocopy of the full text of the above agreement, certified by the Coordinator of the Internal Legal Affairs Group of the International Legal Affairs Directorate of the Ministry of Foreign Affairs, document that is based on the files of that Ministry).
TREATY BETWEEN THE REPUBLIC OF COLOMBIA AND RUSSIAN FEDERATION ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
The Republic of Colombia and the Russian Federation, hereinafter referred to as "The Parties";
CONSIDERING the bonds of friendship and consideration that unite the parties;
EAGER to strengthen legal bases for mutual legal assistance in criminal matters;
ACTING in accordance with their domestic laws, as well as respect for the universal principles of international law, in particular of sovereign equality and non-intervention in internal affairs;
have agreed to the following:
ARTICLE 1. OBLIGATION TO GRANT LEGAL ASSISTANCE
1. The Parties shall, in accordance with this Treaty, grant mutual legal assistance in criminal matters (hereinafter referred to as legal assistance).
2. Legal assistance shall be provided, in accordance with this Treaty, if the offence which is the subject of the application is punishable in accordance with the law of both Parties. The Required Party may provide legal assistance for its consideration, so the fact that it is requested does not constitute a crime in accordance with its domestic law.
3. This Treaty shall be for the sole purpose of legal assistance between the Parties. The provisions of this Treaty shall not create any right for third parties to obtain or exclude evidence or to prevent the enforcement of a request for legal assistance.
4. This Treaty shall not allow the competent authorities of one of the Parties to exercise, in the territory of the other Party, powers which are exclusively the competence of the authorities of the other Party.
5. This Treaty shall apply to any request for legal assistance submitted after the entry into force of this Treaty, including whether the respective omissions or acts have taken place before that date.
ARTICLE 2. SCOPE OF LEGAL ASSISTANCE
Legal assistance will include:
1 Document Delivery;
2 Obtaining evidence;
3 Localization and identification of people and objects;
4 Citation of witnesses, victims and experts to voluntarily appear before competent authority in the Requesting Party;
5 Temporary transfer of persons detained for the purpose of appearing in criminal proceedings as witnesses or victims in the territory of the Requesting Party or for other procedural actions indicated in the application;
6 Execution of measures on goods;
7 Delivery of documents, objects, and other evidence;
8 Authorization of the presence of representatives of the competent authorities of the Requesting Party during the execution of an application;
9 Execution of criminal action;
10 Any other form of legal assistance in accordance with the purposes of this Treaty, as long as it is not in contradiction with the legislation of the Required Party.
ARTICLE 3. CENTRAL AUTHORITIES
1. In order to ensure proper cooperation between the Parties in the provision of legal assistance under this Treaty, the Central Authorities of the Parties shall be appointed.
By the Republic of Colombia, they are Central Authorities:
The Ministry of the Interior and Justice of the Republic of Colombia, for matters relating to the activity of the judges of the Republic of Colombia; and the Office of the Prosecutor General of the Nation for all other matters of legal assistance.
The Parties shall notify each other without delay, by diplomatic means, of any modification of their Central Authorities and areas of competence.
2. The Parties ' Authorities shall transmit and receive directly the requests for legal assistance referred to in this Treaty and the responses to them.
3. Requests for legal assistance shall be directly met by the Central Authority of the Require Party or transmitted for execution to the Competent Authority.
By the Russian Federation, they are Central Authorities:
The Ministry of Justice of the Russian Federation, for matters relating to the activity of the courts of the Russian Federation; and the Prosecutor General of the Russian Federation for all other matters of legal assistance.
When the Central Authority transmits the request to a competent authority for its implementation, it shall ensure the prompt and proper implementation of the application by that authority.
ARTICLE 4. FORM AND CONTENT OF THE REQUEST.
1. The application for legal assistance shall be made in writing.
2. The requested party may take a request by fax, fax, e-mail or other similar means of communication. The Requesting Party shall transmit the original of the document as soon as possible.
The requested Party shall inform the Requesting Party of the results of the execution of the application only under the condition of receiving the original of the request.
3. The request will contain:
1) Name of the competent authority requesting legal assistance;
2) Subject matter of the request and description of the legal assistance requested;
3) Description of the facts of the investigation or criminal proceedings, their legal status, the text of the legal provisions that make the conduct punishable and, where necessary, the amount the damage caused;
4) Fundamentals and description of any special procedure that the Requesting Party wishes to be practiced when executing the application;
5) Identification of persons subject to investigation or prosecution;
6) Deadline within which the Requesting Party wants the request to be met;
7) Information about the full name, address and as far as possible the number of the persons ' telephone to be notified and their relationship to the ongoing investigation or prosecution;
8) Indication and description of the place to be inspected or requisitioned, as well as the objects to be secured;
9) The text of the interrogation to be formulated for the receipt of the testimony at the Redear Party;
10) In the event of an application for assistance from representatives of the competent authorities of the Requesting Party for the execution of the application, indication of the full names, position and reason for their presence;
11) Any request to observe the confidentiality of the receipt of the request for legal assistance, its content and/or any actions undertaken in accordance with it;
12) Any other information that may be of use to the Required Party for compliance with the application;
4. If the Required Party considers that the information contained in the request is not sufficient to process the request, it may request additional information.
Any request for legal assistance, accompanying documents and additional information, based on this Treaty, must be accompanied by the respective translation into the language of the Required Party or the English language. Central Authorities of the Parties.
ARTICLE 6. DENIAL OR DEFERRAL OF LEGAL ASSISTANCE
1. Legal assistance may be denied when:
1) Compliance with the application may prejudice the sovereignty, security, public order or other essential interests of the Required Party.
2) Compliance with the application is contrary to the legislation of the Redeemed Party or does not conform to the provisions of this Treaty.
3) The application relates to actions by which the person initiated in the Requesting Party has been convicted or acquitted for the same facts in the Required Party or the action has been prescribed.
4) The application relates to military offences that are not covered by ordinary criminal law.
5) Exist grounds founded by the Redear Party to believe that the application has been made with a view to prosecuting a person on the grounds of their race, sex, religion, nationality, ethnic origin, membership of a social group (a) a specific or political opinion or that the situation of this person may be impaired for any of these reasons.
2. Banking or tax secrecy cannot be used as a basis for denying legal assistance.
3. The Required Party may defer or refuse to comply with the application when it considers that its execution may prejudice or impede an ongoing investigation or judicial proceeding in its territory.
4. Before deferring or denying the execution of a request for assistance, the Redeemed Party shall examine the possibility that legal assistance may be granted under conditions it deems necessary. If the Requesting Party accepts assistance under these conditions, it shall be obliged to comply with it.
5. If the Requested Party decides to refuse or defer legal assistance, it shall inform the Requesting Party through its Central Authority, expressing the reasons for such a decision.
ARTICLE 7. VALIDITY OF DOCUMENTS.
1. Documents referred to in this Treaty and certified by the competent or central authorities of the Submitter Party shall be accepted without legalisation or other form of authentication.
At the request of the Requesting Party, documents submitted under this Treaty may be authenticated in a different manner as indicated in the application, if this does not contradict the legislation of the Requested Party.
2. For the purposes of this Treaty, documents recognised as officers in the territory of one of the Parties are recognised as such in the territory of the other Party.
ARTICLE 8. CONFIDENTIALITY AND LIMITATIONS IN THE USE OF INFORMATION
1. At the request of the Central Authority of the Requesting Party, the Requested Party, in accordance with its legal order, shall ensure the confidentiality of the receipt of the request for legal assistance, its content and any action undertaken in accordance with it, unless its lifting is necessary to execute the application.
If the lifting of the reservation is necessary for the execution of the request, by written communication, the Requested Party shall ask the Requesting Party for approval. Without such authorization, the request will not run.
2. The Requesting Party shall not use any information or evidence obtained under this Treaty for purposes other than those indicated in the application for legal assistance, without prior authorization from the Required Party.
3. In particular cases, if the Requesting Party will need to disclose and use, in whole or in part, the information or evidence for purposes other than those specified, it shall request the authorization for the Required Party, which may access or deny, in whole or in part, what is requested.
ARTICLE 9. ENFORCEMENT OF LEGAL ASSISTANCE REQUESTS
1. Compliance with the applications shall be carried out in accordance with the legislation of the Require Party and in accordance with the provisions of this Treaty.
At the request of the Requesting Party, the Requested Party shall provide the legal assistance in accordance with the special forms and procedures indicated in the application, provided that these are not contrary to the basic principles of the The Desired Party.
2. If the Requesting Party has requested the presence of representatives of its competent authorities in the execution of the request, the Requested Party shall inform it of its decision. In case it is positive, the Requesting Party shall be informed in advance of the date and place of execution of the application.
3. The Central Authority of the Requested Party shall promptly forward to the Central Authority of the Requesting Party the information and evidence obtained as a result of the execution of the request.
4. Where it is not possible to comply with the request, in whole or in part, the Central Authority of the Requested Party shall immediately inform the Central Authority of the Requesting Party and inform thereof the reasons to prevent its compliance.
ARTICLE 10. DOCUMENT DELIVERY.
1. In accordance with the request for legal assistance, the Central Authority of the Required Party shall, without delay, carry out or process the delivery of the documents.
2. Compliance with the application shall be credited by means of a delivery document, dated and signed by the recipient, or by means of a declaration by the competent authority of the Redeemed Party confirming the fact, date and form of delivery. delivery. The delivery of the documents shall be immediately informed to the Requesting Party.
ARTICLE 11. OBTAINING EVIDENCE ON REQUIRED PARTY TERRITORY
1. The Redear Party, in accordance with its legislation, shall receive witness and victim testimony, expert opinions, documents, objects and other evidence in its territory, as provided for in the request, and shall transmit them to the Requesting Party.
2. At the special request of the Requesting Party, the Redeemed Party shall indicate the date and place of compliance with the request. The representatives of the Competent Authorities of the Requesting Party may make a presence during the application if the Party has the approval of the Requested Party.
3. Representatives of the Competent Authorities of the Requesting Party present in the implementation of the application shall be permitted to ask questions which may be raised to the relevant person, through the representative of the Authority. Competent Party of the Required Party.
4 The Requesting Party shall comply with any condition agreed with the Redear Party concerning the documents and objects it gives to it, including the protection of third-party rights on such documents and objects.
5. At the request of the Requested Party, the Requesting Party shall return as soon as possible the originals of the documents and objects which have been delivered to it, in accordance with the numeral 1 of this Article. The delivery and return of the objects in the framework of legal assistance, in criminal matters, will be free of customs duties and taxes.
ARTICLE 12. LOCATING AND IDENTIFYING PEOPLE AND OBJECTS
The competent authorities of the Require Party shall take all measures provided for in its legislation for the location and identification of persons and objects indicated in the application.
ARTICLE 13. APPEARANCE OF WITNESSES, VICTIMS AND EXPERTS IN THE TWRRITTORY OF THE REQUESTING PARTY
1. Where the Requesting Party requests the appearance of a person to testify, expertise or other procedural actions on its territory, the Requested Party shall inform this person about the invitation of the Requesting Party to appear before its Competent Authorities.
2. The person's request for appearance shall contain information on the conditions and the manner of payment of the expenses related to the appearance of the person cited, as well as the relationship of the guarantees that the person shall be entitled to the Article 14 of this Treaty.
3. The person's application for appearance shall not contain any threat to the application of any assurance or sanction in the event that the person does not appear in the territory of the Requesting Party.
4. The person concerned shall voluntarily express his decision to appear. The Central Authority of the Requested Party shall inform the Central Authority of the Requesting Party without delay of the response of the Party. The person who has given his or her acceptance to appear may address the Requesting Party requesting that a progress be made to cover the expenses. This advance can be delivered through the Embassy or Consulate of the Requesting Party.
ARTICLE 14. GUARANTEES TO THE PERSON CITED
1. No person, irrespective of nationality, who, as a result of a summons, appears before the competent authorities of the Requesting Party, may be persecuted criminally, detained or subjected to a restriction of his or her individual freedom in the territory of that Party by facts or convictions prior to its entry into the territory of the Requesting Party. If for any reason this warranty cannot be provided, the Central Authority of the Requesting Party shall indicate this in the application in order to inform the person concerned and allow him to take the decision on his/her appearance taking into account these circumstances.
2. The security provided for in paragraph 1 of this Article shall cease when the person concerned has had the opportunity to leave the territory of the Requesting Party for an uninterrupted period of 15 (15) days from the date of entry into force. the written notification is given to him that his presence is no longer required by the competent authorities and, however, remains in that territory or returns to him after he has left the territory.
3. The person cited may not be required to testify in a process other than that specified in the application.
ARTICLE 15. INTERIM TRANSFER OF DETAINED PERSONS (INCLUDING THE ONE WHO IS SERVING TIME IN THE FORM OF DEPRIVATION OF LIBERTY
1. Any person detained (including the person who is serving the sentence in the form of deprivation of liberty), irrespective of nationality, may be transferred temporarily, with the consent of the Central Authority of the Redeemed Party to the Requesting Party to testify as a witness or victim, or for other procedural actions indicated in the application, with the condition of returning the detainee to the Redeemed Party within the time limit indicated by the Requested Party.
The initial period for the person's transfer may not exceed ninety (90) days. The time of stay of the transferred person may be extended by the Central Authority of the Requested Party by a substantiated request from the Central Authority of the Requesting Party.
The shape and conditions of the transfer and the return of the person shall be agreed between the Central Authorities of the Parties.
2. The move will be denied:
1) If the person arrested (including the person who is serving the sentence in the form of deprivation of liberty) does not consent to it in writing.
2) If their presence is necessary in an ongoing judicial process in the territory of the Required Party.
3) The Requesting Party shall protect the person transferred while the detention measure ordered by the competent authority of the Replaced Party is maintained. In the event of release by decision of the Requested Party, the Requesting Party shall apply Articles 13, 14 and 20 of this Treaty.
4) The length of stay of the transferred person, outside the territory of the Redeemed Party, shall be computed for the purposes of the total time remaining held (including the time limit for compliance with the sentence of deprivation). of freedom).
5) The arrested person (including the person who is serving the sentence in the form of a deprivation of liberty) who does not give his consent to appear before the Requesting Party may not be subjected to any measure of (i) ensure that this is done.
Where necessary, the Requesting Party shall ensure the protection of the persons referred to or transferred to its territory in accordance with Articles 13 and 15 of this Treaty.
ARTICLE 17. SPECIAL CASES OF LEGAL ASSISTANCE
The Required Party shall submit, in so far as its Competent Authorities may obtain them in such cases, extracts from criminal files and/or documents or objects that are necessary in an investigation and/or judicial proceeding, except documents and objects containing information that constitutes State secrecy.
ARTICLE 18. REQUEST FOR EXERCISE OF CRIMINAL ACTION
1. Each Party may direct the other Party to seek criminal action with respect to the nationals of the Replaced Party, as well as to the stateless persons permanently living on its territory, who have been accused of have committed crimes under the jurisdiction of the Requesting Party.
The Requested Party will transmit the request to its competent authorities to take the decision to exercise the criminal action in accordance with its legislation.
2. If of the action in respect of which the criminal case was opened, civil claims were raised by the persons who suffered damages because of the crime, these claims for compensation claims will be considered in the criminal case.
3. The application for criminal action shall contain:
1) Name of the requesting authority;
2) Surnames and full names of the person who has been accused of having committed the offence, nationality, place of residence, and if possible, his physical description, a photograph, his fingerprints or other data that can be identified;
3) The description and legal status of the facts that gave rise to the application for the exercise of the criminal action;
4) The indication, as accurately as possible, of the time and place of the facts that gave rise to the application;
5) If necessary, the requirement for the return of the originals of the documents and objects that are material proof.
4. To the request to take the criminal action, it must be attached:
1) The text of the criminal law, and if necessary, other rules of the Requesting Party that are relevant to the exercise of criminal action;
2) Criminal case files or their certified copies, as well as existing evidence;
3) The application for compensation of the damage caused, if any, and if possible, the estimate of its amount;
4) The request to initiate a criminal action by persons who suffered harm because of the crime, if necessary in accordance with the legislation of the Required Party.
5. In order to guarantee the rights of third parties, at the request of the Requesting Party, the Required Party shall return the originals of the documents and the objects that constitute material evidence.
6. If, after sending a request for an exercise of criminal action, the person indicated is in the territory of the Requesting Party, the applicant shall take the measures possible in accordance with its legislation to send it to the territory of the Party. Required.
7. The Requested Party shall promptly notify the Requesting Party of the measures taken in respect of its request, report the results of the criminal action and send a copy of the criminal court decision.
8. If, after receipt of the application, a judgment has been given or the decision has entered into force, it is found that a judicial body of the Redeemed Party has entered into force with respect to the person indicated in the application, the Competent Authorities of the Party Requesting may not execute criminal action in relation to this person for the same facts.
9. In the event that the Redeemed Party makes the decision not to give a course to the application, or to deny its acceptance, or a decision has been taken denying the exercise of the criminal action, or its termination, it shall return without delay to the Requesting Party the files and the material evidence referred to it.
1. The Parties shall cooperate in the areas of location of the instruments and products of the offence and shall implement appropriate measures with regard to them.
Such cooperation shall be based on the provisions of this Treaty as well as the corresponding provisions of the United Nations Convention against Transnational Organized Crime of 15 November 2000, in particular in Articles 2, 12, 13 and 14, and shall extend not only to the offences provided for in this Convention but to any other criminal act, having regard to Article 1 (2) of the present Treaty.
2. With the entry into force of this Treaty, the Parties shall take the measures to reach an agreement on the distribution of goods unlawfully obtained and seized as a result of cooperation between the Parties, which shall be formalised by means of a Protocol to this Treaty.
1. The Required Party shall assume the ordinary expenses of the execution of requests for legal assistance, except for the following to be assumed by the Requesting Party:
1) Expenditure relating to the transport of persons to their territory and return, in accordance with Articles 13 and 15 of this Treaty, and their stay in this territory, as well as other payments corresponding to them people.
2) Experts ' expenses and fees.
3) Expenditure on transport, stay and the presence of the representatives of the Competent Authorities of the Requesting Party during the implementation of the application, in accordance with Article 9 (2) of the This Treaty.
4) Expenses for the sending and return of objects moved from the territory of the Reloved Party to the territory of the Requesting Party.
2. Where the request requires substantial or extraordinary expenditure, the Central Authorities of the Parties shall consult each other in order to determine the conditions under which the application will be complied with, as well as the manner in which the request is made. shall bear the costs.
ARTICLE 21. DISPUTES AND DISPUTE RESOLUTION
1. The Central Authorities of the Parties shall, on a proposal from one of them, hold consultations on issues of interpretation and application of this Treaty in general or on a particular application.
2. Any dispute arising in the interpretation and application of this Treaty shall be resolved by diplomatic negotiations.
1. This Treaty may be amended by mutual consent of the Parties and the agreed amendments shall enter into force in accordance with the procedure set out in paragraph 2 of this Article.
2. This Treaty shall enter into force thirty (30) days after the date of receipt of the last notification, through the diplomatic route, by which the Parties communicate the fulfilment of the necessary internal legal requirements for their entry into force.
3. This Treaty shall be terminated at the end of one hundred and eighty (180) days after one of the Parties receives by diplomatic means the written notification of the other Party on its intention in that regard.
4. The termination of this Treaty shall not affect the conclusion of requests for legal assistance that have been received during its lifetime.
Subscribed in Moscow, at six (6) days of April two thousand ten (2010), in two copies in Spanish and Russian, both texts being equally valid.
By the Republic of Colombia
By the Federation of Rasia
The undersigned Coordinator of the Internal Working Group of the Treaties of the International Legal Affairs Directorate of the Ministry of Foreign Affairs of the Republic of Colombia
CERTIFIES:
That the reproduction of the text above is a faithful and complete copy of the Spanish language version of the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on April 6, 2010, a document that rests in the archives of the Inter-Working Group of the Treaties of the International Legal Affairs Directorate of this Ministry.
Dada in Bogotá, D. C., at eight (8) days of the month of July of two thousand eleven (2011).
The Coordinator of the Internal Working Group of Treaties, Directorate of International Legal Affairs,
ALEJANDRA VALENCIA GARTNER.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 19, 2011
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Deputy Foreign Minister, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Fdo.) Monica Lanzetta Mutis.
DECRETA:
Article 1o. Approve the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on April 6, 2010.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on April 6, 2010, which by Article 1o of this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.
Article 3o. This law applies from the date of its publication.
Dada en Bogotá, D. C., a los ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Justice and Law.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Justice and Law,
JOHN CARLOS ESGUERRA PORTOCARRERO.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 19, 2011
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Deputy Foreign Minister, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Fdo.) Monica Lanzetta Mutis.
DECRETA:
ARTICULO 1o. Approve the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on April 6, 2010.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Treaty between the Republic of Colombia and the Russian Federation on Mutual Legal Assistance in Criminal Matters", signed in Moscow, Russia, on 6 April 2010, which is approved by Article 1 of this Law, shall oblige the State from the date on which the international link with respect to it is perfected.
ARTICULO 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
ROY MONTEALEGRE BARRIERS.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SANCHEZ.
The Secretary General (E.) of the honourable House of Representatives,
MARINE FLOWER DAZA RAMIREZ.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 21 December 2012.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Justice and Law,
RUTH STELLA CORREA PALACIO.
