1662 OF 2013

(July 16)

Official Journal No. 48,853 of 16 July 2013

CONGRESS OF THE REPUBLIC

By means of which the "Agreement between the Republic of Colombia and the International Criminal Court on the Enforcement of Penalties Imposed by the International Criminal Court" is approved, made in Bogotá, D. C., on May 17, 2001.

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Agreement between the Republic of Colombia and the International Criminal Court on the Enforcement of Penalties Imposed by the International Criminal Court", done in Bogotá, D. C., on May 17, 2001, which reads:

(To be transcribed: photocopy of the full text of the aforementioned 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).

BILL NUMBER 177 OF 2011

by means of which the "Agreement between the Republic of Colombia and the International Criminal Court on the Enforcement of Penalties Imposed by the International Criminal Court" is approved, made in Bogotá, D. C., on 17 May 2011.

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Agreement between the Republic of Colombia and the International Criminal Court on the Enforcement of Penalties Imposed by the International Criminal Court", done in Bogotá, D. C., on May 17, 2011, which reads:

(To be transcribed: photocopy of the full text of the aforementioned 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).

THE UNDERSIGNED IS TREATED AS 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 photocopy of the "Agreement between the Republic of Colombia and the International Criminal Court on the Ejecuciorn of the Penalties Imposed by the Court International Criminal ", made in Bogotá, D. C., on May 17, 2011, a document that rests in the archives of the Internal Working Group of the Treaties of the Directorate of International Legal Affairs of this Ministry.

Dada in Bogotá, D. C., at fourteen (14) days of July of two thousand eleven (2011).

The Coordinator of the Internal Working Group of Treaties, Directorate of International Legal Affairs,

ALEJANDRA VALENCIA GARTNER.

EXPLANATORY STATEMENT

Honorable Senators and Representatives:

On behalf of the National Government and in compliance with the provisions of Articles 150 numeral 16, 189 numeral 2 and 224 of the Political Constitution of Colombia, we present to the honorable Congress of the Republic the bill, through which the " Agreement between the Republic of Colombia and the International Criminal Court on the Enforcement of Penalties Imposed by the Criminal Court International ", done in Bogotá, D. C., on May 17, 2011.

I. Previous considerations

spite of the difficult challenges facing Colombian democracy throughout its history, our country has been characterized, since the dawn of Independence, when Antonio Narino translated from French into Spanish the Declaration of The Rights of Man and of the Citizen, for the recognition of public rights and freedoms₁. Based on this tradition, Colombia has come to international public law (particularly International Human Rights Law and International Humanitarian Law) as the most appropriate and civilized means to resolve conflicts. and assert all rights of all and national interests in the international arena.

Effectively, Colombia has participated in the most important international initiatives aimed at protecting the legal goods that constitute the conscience of humanity and has incorporated into national law the global advances destined to to confront and stop the barbarity. The country has been a protagonist in the creation of the Inter-American and Universal Human Rights Systems, as well as in the consolidation and national incorporation of the so-called Geneva and Hague Rights, which the in bellum.

However, during the last century, as these legal advances were made, the most terrible atrocities committed by and against humanity, such as the genocide in the Congo, the two world wars, the bloody, have been known. The process of decolonization in Africa and Asia, the systematic violations of human rights by military dictatorships, the Balkan War and the Rwandan disaster. Aware of this, the international community has understood that the perpetrators of these acts must take responsibility for justice. International Criminal Law has opened its way.

From the failed attempt of legal persecution of William II of Germany, based on Article 227 of the Treaty of Versailles₂, the most relevant experiences of global criminal justice have been the Criminal Courts. International of Nuremberg and Tokyo, and the Courts for the former Yugoslavia and Rwanda. However, these cuts were created ex post facto and for specific missions. Hence there would be a relative consensus on the need to establish a permanent tribunal, with a universal vocation and with competence to know the most serious crimes of international importance.

This consensus was translated into facts on 17 July 1998, the day when the Diplomatic Conference of the Plenipotentiaries of the United Nations on the establishment of an International Criminal Court was held in the city of Rome, which it adopted, by 120 votes for, 7 against and 21 abstentions, the "Rome Statute of the International Criminal Court"₃ (hereinafter the "Rome Statute").

Since then, Colombia has maintained a strong commitment to the regime created by the Rome Statute, as an ethical and legal mechanism designed and implemented to ensure that human rights violations and violations of human rights are violated. International Humanitarian Law that constitute conduct of jurisdiction of the International Criminal Court, do not remain in impunity.

In this respect, it introduced into national law, after enactment, by the honorable Congress of the Republic of Legislative Act No. 2 of 2001: (i) the Statute of Rome; (ii) the "of Procedure and of the Rome Statute and the Elements of the Crimenes of the Rome Statute "₄; and (iii) the"Agreement on the Privileges and Immunities of the International Criminal Court "₅

Likewise, the Colombian State has attended all meetings of the Assembly of States Parties to the Rome Statute, including the Review Conference, held in Kampala, Uganda, from May 31 to June 11, 2010.

In developing this commitment to the work of the International Criminal Court and guided by the determination to strengthen and make effective the legal regime created by the Rome Statute, at the 9th Session of the Assembly of States Parties to the Rome Statute, held in New York City, between 6 and 10 December 2010, the President of the Republic, the only Head of State participating in an Assembly of States Parties, expressed the decision of Colombia to subscribe with the International Criminal Court an agreement for the execution of its judgments₆.

In this context, and on the occasion of the visit to Colombia by his Excellency Sang-Hyun Song, Judge and President of the International Criminal Court, on May 17, the "between the Republic of Colombia and the Court of Justice" was signed. International Criminal on the Ejecuciorn of the penalties imposed by the International Criminal Court ", done in Bogotá, on May 17, 2011 (hereinafter referred to as the" Agreement ").

With the signing of the precious agreement, Colombia demonstrates that it finds an ally in the International Criminal Court in the fight against impunity for crimes that have moved the conscience of humanity and ratified its readiness to continue By empowering the regime of the Rome Statute, it requires, for its effectiveness, the full cooperation of the States parties. In particular, by signing the Agreement, Colombia becomes the seventh State of the world₇ and the first in America to contribute to make the provisions of Article 103 of the Rome Statute, concerning the role of the States, effective. in the execution of the custodial penalties₈, and supplemented by Rule 200 of the Rules of Procedure and Test.

In accordance with the above, the bill submitted to its consideration-discussed and adjusted by the Ministry of Foreign Affairs, the then Ministry of Interior and Justice, currently Ministry of Justice and Law, and the National Prison and Prison Institute-was elaborated in consultation with the relevant national and international regulations, particularly the Political Constitution, the Rome Statute and the Law 65 of 1993 (Code Prison and Prison), as well as the applicable constitutional case law, in Special judgment in Case C-801 of 2009.

II. Project structure and content

The project put to your consideration is composed of two parts: a preambular and a dispositive.

In the first section, reference is made to the obligation of the States contained in Article 103 of the Rome Statute and in Rule 200 of the Rules of Procedure and Proof, referred to above; to the main international standards of I_aj"> soft law on the treatment of prisoners; to the disposition of Colombia to accept people convicted by the Court and to the establishment of a framework for the effect.

The second section, consisting of 15 articles, regulates the subject matter of the Agreement; the procedure for the designation of the State of execution of the sentence imposed by the International Criminal Court; the delivery and transfer of the sentenced; the supervision and conditions of execution of the sentence, with a view to ensuring that the fundamental rights of the sentenced are met; the distribution of competences and responsibilities between the International Criminal Court and Colombia; the appeal, review, reduction and extension of the penalty; among other matters.

In sum, this is a bill whose guiding principles and provisions are fully in line with national and international law, and which contributes to strengthening the cooperation ties between Colombia and the Criminal Court. International to crack down on crimes that seriously undermine Human Rights and International Humanitarian Law.

The approval of this bill is of vital importance, in conclusion, since this is a legal instrument that is appropriate and necessary to fully comply with the obligations assumed by the Colombian State under the law. ratification of the Rome Statute.

For the above considerations, the National Government, through the Minister of Justice and Law and the Minister of Foreign Affairs, requests the honorable Congress of the Republic, to approve the , The "Agreement between the Repuband the International Criminal Court on the execution of the sentences imposed by the International Criminal Court" is approved.

Of the honorable Congressmen,

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 Minister of Multilateral Affairs in charge of the functions of the Office of the Minister of Foreign Affairs,

(Fdo.) Patti Londono Jaramillo.

DECRETA:

Article 1o. Approve the "Agreement between the Republic of Colombia and the International Criminal Court on Ejecuciorn of the Penalties Imposed by the International Criminal Court", made in Bogotá, D. C., on May 17, 2001. 2011.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, theAgreement between the Republic of Colombia and the International Criminal Court on the Ejecuciorn of the Penalties Imposed by the Criminal Court International ", made in Bogotá, D. C., on May 17, 2011, which is approved by article 1 of this law, will force the country from the date on which the international link with respect to them is perfected.

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

Dada en Bogotá, D.C., a ...

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.

1998 424 LAW

(January 13)

by which the follow-up to the international conventions signed by Colombia is ordered.

The Congress of Colombia

DECRETA:

Article 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Senate Foreign Relations Committees, and within the first thirty days of the legislative period, which begins every 20 years. July, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.

Article 2o. Each dependency of the National Government responsible for implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign Affairs and the Ministry of Foreign Affairs. Second.

Article 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.

Article 4o. This law governs from its promulgation.

The President of the honorable Senate of the Republic,

Amylkar Acosta Medina.

The Secretary General of the honorable Senate of the Republic,

Pedro Pumarejo Vega.

The President of the honorable House of Representatives,

Carlos Ardila Ballesteros.

The Secretary General of the honorable House of Representatives,

Diego Vivas Tafur.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogota, D. C., on January 13, 1998.

ERNESTO SAMPER PIZANO

The Foreign Minister,

Maria Emma Mejia Velez.

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 Minister of Multilateral Affairs in charge of the functions of the Office of the Minister of Foreign Affairs,

(Fdo.) Patti Londono Jaramillo.

DECRETA:

ARTICLE 1o. Approve the "Agreement between the Republic of Colombia and the International Criminal Court on the Enforcement of Penalties Imposed by the International Criminal Court", made in Bogota, D. C., on 17 May 2001.

ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Agreement between the Republic of Colombia and the International Criminal Court on Ejecucior ), made in Bogotá, D. C., on May 17, 2001, which, under Article 1 of this Law, is approved, will force the country from the date on which the link is perfected. international regarding the same.

ARTICLE 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 of the honorable House of Representatives,

JORGE HUMBERTO MANTILLA SERRANO.

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., 16 July 2013.

JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Justice and Law,

RUTH STELLA CORREA PALACIO.

* * *

1	Hernando Valencia Villa, Letters of Battle. A critique of Colombian constitutionalism, Bogotá, Cerec, 1997, pp. 37-43.
2	" [...] Article 227. Les puissances alliées et associées mettent en accusation publique Guillaume II de Hohenzollern, ex-empereur d' Allemagne, pour offense supreme contre la morale internationale et l' autorité sacrée des traités [...] ".
3	2002 Law 742 .
4	1268 Act 2008.
5	1180 Act 2007.
6	In this regard, the President of the Republic noted the following:
[...] We have also taken the decisionorn to subscribe with the Court an Agreement for the Ejecucior orn to Colombia [...]".
To read the full speech, see the website of the Presidency of the Republic.
7	The other six (6) states that have signed a similar agreement are: Austria, Belgium, Denmark, Finland, United Kingdom and Serbia.
8	Article 103 of the Rome Statute of the International Criminal Court points to the next:
" [...] Part X. Of the ejecuciorn of the penalty.
		Article 103. Funciorn of the States in the ejecuciorn of the custodial penalties.
1.
) The custodial sentence is enforcedto in a State designated by the Court on the basis of a list of States that have told the Court that they are willing to receive sentences;
b) At the time of declaring that you are willing to receive convicts, the State can put conditions on reservation that they are accepted by the Court and are in accordance with this Part;
c) The designated State in a given case will indicateto without delay to the Court if it accepts the designacion.
2.
) The ejecuci Stateorn of the penalty notify to the Court any circumstances, including compliance with the conditions accepted in accordance with paragraph 1, that may materially affect conditions or durationorn of deprivationorn of liberty. Known or foreseeable circumstances mustn be brought to the attention of the Court with an antelationorn minimum of 45 dias. During this period, the State of ejecuciorn do not adoptto meany that redunde to the detriment of the provisions of Article 110;
b) The Court, if you cannot accept the circumstances referred to in (a), notify itto to the ejecuci Stateorn and shall proceed in accordance with paragraph 1 of Article 104.
3. The Court, when exercising its discretion to perform the designationorn provided for in paragraph 1, will have in mind:
		) The principle that States Parties must share responsibility for the ejecuciorn of penalties Freedom-of-liberty in accordance with the principles of distributionorequitably that establish the Rules of Procedure and Test;
b) Applicationorn of generally accepted international treaty rules on the treatment of inmates;
c) The opinionorn of the convicted;
d) The nationality of the convicted; and
) Other factors relating to the circumstances of the crime or the convicted, or the effective ejecuciorn penalty, as appropriate in the designationorn of the ejecuci Stateon.
4. If a State of compliance with the parrafo 1 is not designated, the custodial sentence will be enforcedto in the prison facility designated by the host Stateon, compliance with the conditions laid down in the agreement relating to the seat referred to in paragraph 2 of Article 3or. In that case, the expenses that the ejecuci entraneorn of the custodial sentence will beton suffrted by the Court. [...] ".