Key Benefits:
1670 OF 2013
(July 16)
Official Journal No. 48,853 of 16 July 2013
CONGRESS OF THE REPUBLIC
By means of which the "Statute and General Regulations of the International Criminal Police Organization (Interpol)", adopted by the General Assembly of the Organization at its twenty-fifth meeting, held in Vienna, are approved, In 1956 and the "Agreement on Privileges and Immunities for Statue Meetings between the Republic of Colombia and the General Secretariat of the International Criminal Police Organization (Interpol)", signed in the city of Lyon, Republic French, on September 26, 2012 and in the city of Bogota, D. C., on November 13, 2012.
THE CONGRESS OF THE REPUBLIC:
Viewed the texts of the "Statute and General Regulations of the International Criminal Police Organization (Interpol)", adopted by the General Assembly of the Organization at its twenty-fifth meeting held in Vienna, in 1956 and the ' Agreement on Privileges and Immunities for Statutory Meetings between the Republic of Colombia and the General Secretariat of the International Criminal Police Organization (Interpol) ", signed in the city of Lyon, French Republic, on 26 September 2012 and in the city of Bogotá, D. C., on 13 November 2012.
(To be transcribed: photocopy of the integrated texts of the Staff Regulations and Regulations and the abovementioned Agreement (20 Folios), certified by the Coordinator of the Internal Working Group of the Treaties of the Directorate of Legal Affairs International of the Ministry of Foreign Affairs, documents that rest in the archives of that Ministry).
SENATE BILL NUMBER 169 OF 2012 SENATE
by means of which the "Statute and General Regulations of the International Criminal Police Organization (Interpol)" are adopted, adopted by the General Assembly of the Organization at its twenty-fifth meeting, held in Vienna, in 1956 and the "Agreement on Privileges and Immunities for Statue Meetings between the Republic of Colombia and the General Secretariat of the International Criminal Police Organization (Interpol) ", subscribed in the city of Lyon, French Republic, on 26 June September 2012 and in the city of Bogotá, D. C., on November 13, 2012.
THE CONGRESS OF THE REPUBLIC:
Seen the texts of the "Statute and General Regulations of the International Criminal Police Organization (Interpol)", adopted by the General Assembly of the Organization at its twenty-fifth meeting, held in Vienna, 1956 and the ' Agreement on Privileges and Immunities for Statutory Meetings between the Republic of Colombia and the General Secretariat of the International Criminal Police Organization (Interpol) ", signed in the city of Lyon, French Republic, on September 26, 2012 and in the city of Bogota, D. C., on November 13, 2012, which to the letter reads:
(To be transcribed: photocopy of the integrated texts of the Staff Regulations and Regulations and the abovementioned Agreement (20 Folios), certified by the Coordinator of the Internal Working Group of the Treaties of the Directorate of Legal Affairs International of the Ministry of Foreign Affairs, documents that rest in the archives of that Ministry).
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EXPLANATORY STATEMENT
Honorable Senators and Representatives:
El Tiempo] On behalf of the National Government and in compliance with the provisions of Articles 150 (16), 189 (2) and 224 of the Political Constitution of Colombia, we present to the honorable Congress of the Republic the bill "by means of which the" Statute and General Regulations of the International Criminal Police Organization (Interpol) ", and the" Agreement on Privileges and Immunities for Statutory Meetings between the Republic of Colombia and the General Secretariat of the International Criminal Police Organization (Interpol) ", signed in the city of Lyon, French Republic, on September 26, 2012 and in the city of Bogota, D. C., Colombia on November 13, 2012.
1. ON THE INTERNATIONAL CRIMINAL POLICE ORGANISATION-INTERPOL
The International Criminal Police Organization (OIPC), Interpol, sets up a strategic imperative for the states of the world. The International Criminal Police Commission (since 1956 Organization) was created in 1923 as a tool to combat the various manifestations of organized crime. It is the largest international police organization in the world and aims to achieve and develop, respecting the laws of the different countries and the Universal Declaration of Human Rights, the widest mutual assistance of the criminal police authorities and establish and develop all institutions that can contribute to the prevention and repression of infringements of common law.
The Organization has a modern infrastructure of technical and operational support, providing a strategic advantage to the different entities of justice and police administration in the multilateral action against crime, allowing to make in the face of the growing difficulties involved in the fight against it.
Only through cooperation with other countries is it possible to combine efforts to develop joint actions to combat crime.
Within the main benefits of the Organization to the member countries, and of which Colombia, as a Member State since 1954 benefits, excel:
-- Global protected police communication service. Allows you to exchange information with the other Member Countries in real time, make requirements, create alerts about terrorist and security threats, request the issuance of different kinds of notifications: for people search with a view to their retention; for information on persons who have committed crimes; for the search for missing persons, for witnesses or victims; for the identification of persons or bodies; for the search or identification of objects; and, for the description or identification of criminal modus operandi and to collect information of different kinds.
-- Databases and police operational information services. Owns and shares information with Member Countries about persons with criminal records, stolen vehicles, firearms, stolen or lost identification documents, stolen art works, persons linked to sexual abuse of Infants and adolescents, fingerprints and genetic profiles, among others.
-- Operational police support service. It offers advisory availability, specialized personnel teams for the attention of cases such as catastrophes, international sports events, technical expertise of specialists in the different areas of criminal investigation.
-- Police training and training. It offers a broad spectrum of training for law enforcement officials, in the field of terrorism, computer crimes, human trafficking, drug trafficking, the environment, weapons tracking, currency counterfeiting, among others.
2. LINKING COLOMBIA TO THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION, OIPC, INTERPOL
By communication of 28 October 1954, the then Chief of the Colombian Intelligence Service (Administrative Department attached to the Presidency of the Republic), taking instructions from the President of the Republic, requested the accession of Colombia to the Commission (now Organization) International Criminal Police Interpol. On the basis of the request, Interpol accepted Colombia as a member of the Organization, a decision that was communicated to the Member Countries during the General Assembly of the same year. This acceptance was officially communicated to Colombia by letter of 5 November 1954.
On March 11, 1958, through Communication number 00521, the Colombian Intelligence Service Chief withdrew the affiliation of Colombia to the then Commission, because it was not known what the organization would be that the new government of That would then give the Colombian Intelligence Service. However, by means of Communication number 00480 of 11 March 1959, the Head of Office again requested the Commission to join the Commission.
Since then, Colombia has made an uninterrupted part of the International Criminal Police Organization, a will that has been reaffirmed numerous times by the National Government through the issuing of decrees establishing the representation of the then Administrative Department of Security, DAS, and now of the National Police, before the Organization, as well:
-- Decree 2872 of October 31, 1953, for which the Administrative Department of the Colombian Intelligence Service is created.
-- Decree 1717 of July 18, 1960, by which the Administrative Department of Security is organized.
-- Decree 625 of 1974, by which the Administrative Organization of the Administrative Department of Security is reviewed.
-- Decree 512 of 1989, by which the structure of the Administrative Department of Security is modified and the general functions of the Entity and specific to its dependencies are established.
-- Decree 2110 of 1992, by which the Administrative Department of Security is restructured.
-- Decree 218 of 2000, for which the Structure of the Administrative Department of Security and Decree 2172 of 2000 is amended, by which Decree 218 of 15 February 2000, amending the Administrative Department of Security (DAS) structure.
-- Decree 643 of 2004 by which the structure of the Administrative Department of Security is modified and other provisions are dictated.
-- Decree 231 of 2010, by which the structure of the Administrative Department of Security is modified.
-- Decree 216 of 2010, by which the structure of the Ministry of National Defense is modified.
From Decree 2872 of 1953 to Decree 231 of 2010, the Government appointed in the Administrative Department of Security the Representation of Colombia to Interpol with which it permanently reaffirmed the country's membership of the Organization such as the obligations and benefits deriving from it.
More recently and as a result of the decision to abolish the DAS, the Colombian Government issued Decree 216 of 2010, signed by the President of the Republic and its Ministers of Finance and Defense, through which it modifies the structure of the Ministry of National Defense to create in the National Police the National Central Office-OCN Interpol. The same rule assigns the Director-General of the Police, in Article 3or, the function of " exercising before the International Criminal Police Organization Interpol, the representation of the country, according to the articles of association "and in article 4or assigns to the Directorate of Criminal Investigation and Interpol the function of" directing through the National Central Office -OCN-Interpol, the relevant functions for the exchange of information, mutual assistance and transnational police cooperation, in accordance with the statutes of the International Criminal Police Organization (Interpol) ".
Article 5or this Decree 216 of 2010 relates the following functions for the newly created National Central Office-OCN Interpol in the National Police:
1. To develop and exercise the functions of the Interpol National Central Office, Interpol for the exchange of information, mutual assistance, in accordance with the requirements and statutes of the International Criminal Police Organization (Interpol).
2. Communicate the results obtained by the national authorities in the fight against the different modalities of the transnational crime, to the General Secretariat Interpol, to be disseminated to the National Central Offices of Interpol, through of their different publications.
3. Execute the activities that are necessary in the field of Criminal Investigation for the fulfillment of the purposes and purposes of the International Criminal Police Organization Interpol.
4. Coordinate with the Interpol offices of the different countries, operational activities arising from investigations developed by the office or by any national and international authority.
5. Conduct the exchange of information with member countries of the International Criminal Police Organization Interpol, which will allow the fight against transnational organized crime and to address the requests for a history and migratory movements of Colombians and foreigners.
6. Inform the National Central Offices and the General Secretariat of the International Criminal Police Organization (Interpol) of the legal status of foreign nationals who have committed crimes in the national territory.
7. Ask the competent authorities for the development and results of the investigative processes carried out against Colombian citizens, for crimes committed abroad.
8. To guide and assist the Director of Criminal Investigation and Interpol in the formulation and implementation of criminal policy against transnational crime and in the management and development of special programs to improve international cooperation and information exchange.
9. Coordinate with foreign judicial police institutions and agencies, through liaison officers, police attachés, embassies, consulates, intergovernmental agencies and other actors of the global anti-crime system transnational.
10. Carry out international judicial assistance in the terms and parameters indicated by the competent authorities and participate in the planning and execution of programs and special operations against crimes considered as transnational in the international context.
11. Carry out the necessary activities to meet the requests for early warnings about the probable occurrence of crimes or risks caused by weapons, explosives, chemical agents, dangerous substances that enter or make transit in a way irregular in the national territory.
12. Ask the competent authorities of the different countries for the current legal situation and the sentences they have handed down against Colombian citizens, who have committed crimes abroad, as well as to advance the negotiations. required to establish their full identity, in order to keep the file and statistical records updated.
13. The others that are assigned to you according to the Law, the regulations or the nature of the dependency.
The decision to transfer the functions of the Interpol National Central Office of the Administrative Department of Security, DAS, to the National Police, was communicated by the National Government, even before the issuance of Decree 216 of 2010, to the General Secretary of the International Criminal Police Organization Interpol, by letter dated October 11, 2009. In this communication, the President of the Republic recognizes that Colombia has been closely linked since 1954 to Interpol and highlights the pride that it means for the country to belong to the Organization.
Thus, since 1954 Colombia is recognized as a member state of the International Criminal Police Organization Interpol and as such not only has participated in the statutory meetings of the Organization at the global and regional level but has been This is the most effective way of achieving the goal of the exchange of information, achieving the capture of members of recognized criminal organizations and providing accurate and timely information to judges and prosecutors in criminal investigations in the fight against impunity. Likewise, it has since paid the membership fee and has complied with the obligations that for the country derive from the Statutes of the Organization.
The role of Colombia in the Organization has been highlighted to the point that the then Director General of the National Police, General Oscar Adolfo Naranjo Trujillo, currently serves as President of the Americas for the Executive Committee. of Interpol, a designation that will culminate in the next month of November during the General Assembly of the Organization of the Year 2012, which will take place in Rome and where the headquarters for Colombia of the General Assembly of 2013 will be made official.
Regulatory provisions that have recognized and incorporated Colombia's membership of Interpol in the Colombian legal order
Several provisions of our legal order, some of which have been subject to examination of exequability by the Constitutional Court, make mention of the International Criminal Police Organization Interpol, recognizing it as a legal, suitable and efficient channel for international cooperation. For example, we can mention the following:
-- Act 906 of 2004, for which the Code of Criminal Procedure, Book V, International Cooperation, Chapter I, probative matter, is issued in the paragraph of Article 484, as amended by the Article 64 of Law 1453 of 2011, notes:
" Paragraph. The requirement of a person, through red notification, through the channels of the International Criminal Police Organization Interpol, will be effective in the Colombian territory. In such events, the person retained shall be made available to the Office of the Prosecutor General of the Nation immediately. "
-- Act 985 of 2005, by means of which measures are taken against human trafficking and standards for the care and protection of victims of the same. Points out in Article 14:
Article 14. Integration of the Committee (Inter-Agency for the Fight against Trafficking in Persons). The Committee shall be composed of
following members:1. The Minister of the Interior and Justice or his delegate, who will preside over it.
2. The Minister of Foreign Affairs or the Director of Consular Affairs and the Colombian Foreign Communities, or his delegate.
3. The Minister of Social Protection or his delegate.
4. The Minister of Education or his delegate.
5. The Director General of the Administrative Department of Security or its delegate.
6. The Director General of the National Police or his delegate.
7. The Attorney General of the Nation or its delegate.
8. The Attorney General of the Nation or its delegate.
9. The Ombudsman or his delegate.
10. The Deputy Director General of the Interpol Office in Colombia or its delegate.
11. The Director General of the Colombian Family Welfare Institute or its delegate.
12. The Presidential Adviser for the Equity of Women or its delegate (a).
13. The Director (a) of Fondelibertad or his delegate.
14. The Director (a) General of the Special Administrative Unit for Financial Information and Analysis or its delegate.
-- Act 67 of 1993, by which the United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances is, signed in Vienna on 20 December 1988. Notes:
Article 7, numeral 8. The Parties shall designate an authority or, where necessary, several authorities, with powers to comply with requests for mutual judicial assistance or to transmit them to the competent authorities for enforcement. The Secretary-General shall be notified of the authority or authorities which have been designated for this purpose. The authorities designated by the Parties shall be responsible for transmitting requests for mutual judicial assistance and any other relevant communication; this provision shall not affect the right of any of the Parties to require that these requests and communications are sent to you through diplomatic channels and, in urgent circumstances, when the Parties agree, through the International Criminal Police Organization, to be possible.
-- Law 800 of 2003, through which the "United Nations Convention against Transnational Organized Crime" and the " Protocol to Prevent, Repress and Punish the Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adoptedthe United Nations General Assembly on 15 November 2000:
" Article 18. Mutual judicial assistance, numeral 13Each State Party shall designate a central authority responsible for receiving requests for mutual judicial assistance and empowered to comply with them or to transmit them to them. competent authorities for their implementation. Where a region or a special territory of a State Party has a regime other than mutual judicial assistance, the State Party may designate another central authority to perform the same function for that region or to that region. territory. The central authorities shall ensure the rapid and proper implementation or transmission of the applications received. Where the central authority transmits the request to a competent authority for its implementation, it shall encourage the prompt and proper implementation of the application by that authority. Each State Party shall notify the Secretary-General of the United Nations, at the time of depositing its instrument of ratification, acceptance or approval of this Convention or of accession to it, the name of the central authority which has been designated for this purpose. Requests for mutual legal assistance and any other relevant communication shall be transmitted to the central authorities designated by the States Parties. This provision shall not affect the right of any State Party to require that such requests and communications be sent to it by diplomatic means and, in urgent circumstances, when the States Parties agree to this, by way of of the International Criminal Police Organization, if possible. "
-- Act 808 of 2003, by means of which the International Convention for the Suppression of the Financing of Terrorism,by the United Nations General Assembly, is adopted on 9 December 1999. You have to:
" Article 18, numeral 4. The States Parties may exchange information through the International Criminal Police Organization (Interpol). "
-- Law 1278 of 2009, by means of which the Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru is approved, amending the Bolivarian Convention of Extradition signed on July 18, 1911. Points out in Article 9:
" Article 9. Between the Republic of Colombia and the Republic of Peru, Article 9o of the Bolivarian Agreement of Extradition shall remain so: The requesting State shall request in an urgent case the preventive detention of the requested person, as well as the apprehension of the objects relating to the offence. 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). "
-- Decree 3860 of 2011, for which Article 64 of Law 1453 of 2011, which amended Article 484 of Law 906 of 2004, is. It provides:
" Article 1o. Term to release the capture order for extradition purposes. For the purposes provided for in Article 64 of Law 1453 of 2011, which amended Article 484 of Law 906 of 2004, from the moment when the person retained, by red notice, is made available to the Office of the Attorney General of the Nation, it shall have a maximum term of five working days to release the arrest warrant for the purpose of extradition, if any. "
-- Decree 4000 of 2004, by means of which provisions on the issuance of visas, control of foreigners and other provisions on migration are dictated, noted:
" Article 105. By way of derogation from the previous article, the Director of the Administrative Department of Security, DAS, or its delegates, may expel foreigners who, in the opinion of the immigration authority, carry out activities that threaten the national security, public order, public health, social security, public security or when there is intelligence indicating that it represents a risk to national security, public order, public security or social security or when a foreign authority has communicated to the State (a) Colombian, which against the person has been issued in that country a conviction or an arrest warrant, for common crimes or is registered in the Interpol archives. "
3. THE IMPORTANCE OF INTERPOL IN TERMS OF INTERNATIONAL COOPERATION IN THE FIGHT AGAINST TRANSNATIONAL CRIME AND RECENT RESULTS RESULTING FROM SUCH COOPERATION
Since February 28, 2010, when the National Police assumed the functions of representation to the International Criminal Police Organization Interpol, it has put the service of its member countries, in terms of operational police support, exchange of criminal information, availability of databases with criminal records and police training and improvement that today is the object of recognition as one of the best in the world.
The inauguration of the OCN Interpol Colombia within the Police, was presided over by Mr. Ronald K. Noble, Secretary General of Interpol, who met on that occasion with the President of the Republic and his Ministers of Defense and Interior.
Since then, Interpol's functions and tools have been enhanced and capitalized to counteract the transnationalisation of crime and the new security challenges caused by the processes of globalisation. The mass publication of Interpol notices against leaders of illegal armed groups that have contributed to the following objectives is highlighted:
-- Publish and disseminate Interpol member countries, a series of data recorded in police information systems, to prevent and suppress criminal behavior.
-- Extend the international search for leaders of terrorist groups, criminal gangs, and drug trafficking to achieve their capture in 190 countries that are part of Interpol.
-- Close borders and reduce criminal maneuvering spaces for members of criminal groups.
Interpol notifications also contribute to:
-- Collect information from people who might have committed crimes.
-- Search for missing persons, witnesses, or victims.
-- Achieve identification of missing and dead bodies.
-- Alert about criminal or terrorist modes and dangerous criminals.
-- Reduce impunity globally.
Gradually the OCN Interpol Colombia has been gaining prominence in the International Criminal Police Organization, being the subject of recognition by the Presidency, the General Secretariat and the Interpol Directorates, as well as foreign governments, for the achievements made in the fight against criminal organizations and the optimization in the use of the notifications, databases, participation and organization of training events, as well as in operations specialised transnational companies to attack certain crimes. Interpol Colombia has had access to multilateral scenarios dealing with aspects of the global agenda relevant to the Colombian reality.
In this sense, Interpol has meant in the framework of international cooperation, the possibility of diversifying relations with the other member countries, from the dynamic set of tools and services provided by the Organization with effective institutional management of service for the world.
The alignment between the Organization's approaches and the strategies of police cooperation established by Interpol Colombia have allowed it to be recognized before the Interpol community " as one of the best in the world in "(Words of the President of Interpol, Mr. Khoo Boon Hui during his visit to Colombia) and" as an example for the Organization " (Words of the Secretary General Mr. Ronald Noble), likewise in the framework of the 8 World Conference of Chiefs of OCN Interpol developed in Lyon (France) in February 2012, Interpol Colombia was cataloged as an example of good practice for the world in the field of management.
The use of the Interpol notification tool has been enhanced in Colombia from the provision of the tool to the entire police community and in particular to the coordination carried out with the authorities. who are the calls to administer justice. It should be noted that the OCN was ranked No. 2 in Interpol's TOP 10, in managing the publication of 1,311 notifications to the General Secretariat in France.
It also highlights the insertion of information related to works of art, vehicles, passports, sexual images, among others, where specifically Colombia has reached privileged positions in the world qualification (TOP 10) for the case of the data of vehicles stolen in Colombia, which were inserted in its entirety (182,919) occupying the position number 9 of the TOP 10 of the world.
Efforts to neutralise the criminal capacity of criminals in the world have enabled the development of operational initiatives aimed at countering the priority areas of Interpol, such as corruption, drugs and crime. organized, economic, financial and high-tech crime, fugitives, public security and terrorism, and trafficking in human beings.
In this sense, the actions have been aimed at immediately combating crime, contributing 24 hours a day with the national and international community, to coordinate the exchange of information in real time that allows for the location of the crime. and the capture of criminals in Colombia and around the world. Thus, during the police administration, 135 criminals linked to transnational crime have been captured, of which 91 for extradition purposes, requested in 15 countries such as the United States, Spain, Peru, Ecuador, Argentina, Italy and Holland, among others.
The extradition of 468 people has been handled to countries such as the United States, Spain, Ecuador, Argentina, Venezuela, the Netherlands, Germany, among others, and the reception in extradition to 10 people from Uruguay, Spain, Argentina, Costa Rica and Portugal.
Additionally, Interpol Colombia exchanges information in real time with the National Police's Anti-Narcotics Directorate, in which it warns about possible shipments of drugs abroad. This information is alerted through Interpol's I-24/7 channel, in order to communicate to countries the need to generate specific control by the authority. This exercise has led to the transmission of 169 transnational anti-narcotics alerts to 130 countries, managing to seize drugs in countries such as Belgium, Costa Rica, Panama and the United States.
These areas of coordination have been a valuable tool for countering organized crime. To date, 8 concurrent transnational operations have been executed in which the following results have been achieved:
Fundamental was also the support deployed through the devices of the IMEST team of Interpol during the performance of two major events in Colombia: the world cup SUB 20 football, where 279,918 consultations were held and 3 catches by the Corruption and drug trafficking crimes, and the VI Summit of the Americas, where 12,828 consultations and 3 arrests were made for the crimes of drug trafficking and homicide.
The continuous exchange of information from Interpol Colombia with the other 189 countries that are part of the Organization, perhaps the tool that best leverage its members, has allowed the assistance in real time to police bodies and entities. in charge of the administration of justice. To this end, a permanent exchange of 112,571 messages has been achieved through the Interpol secure information system called I-24/7.
exchanges have meant the capture of Colombian fugitives at the international level, linked to various crimes related to drug trafficking, kidnapping, conspiracy to commit crimes, sexual crimes, homicide and theft. qualified, among others.
On the other hand, information has been provided to resolve 14,340 requirements on issues such as judicial records and expert opinions issued by the various laboratories of the Directorate of Criminal Investigation and Interpol, such as as full identification, DNA profiles, ballistic and documentary studies, among others. Likewise, the deployment of the tools that Interpol Colombia has achieved has been strengthened internally, by enabling the surveillance police to access, through the SIOPER, Interpol information related to stolen travel documents or Interpol (passport) and requests (notifications) from Interpol. Users have also been created to guarantee at national level access to some databases of the Organization to institutions such as the Office of the Prosecutor General of the Nation (FGN), the National Tax and Customs Directorate (DIAN), and the Unit Special Administrative Migration Colombia, as well as the Criminal Investigation Sectionals and some other National Police Directorates. These consultations allow in real time to verify whether a work of art, a passport or a vehicle has been stolen internationally and to know firsthand if a person has a red notice and is wanted by any of the 190 countries of Interpol.
Good practice is another of the assets of Interpol Colombia as a reference within the Organization. The accumulated experience of the struggle against all manifestations of transnational organized crime has allowed it to be configured as a reference to the world. Today, Interpol Colombia is an articulator of efforts to promote knowledge and police training. In this line, since the representation is in the head of the National Police, participation has been promoted in 52 training spaces with an attendance of 226 people with profiles that evidences specific knowledge around topics such as terrorism, drug trafficking, sexual crimes, computer crimes, vehicle theft, and crimes against intellectual property, among others. These spaces have allowed to ratify the availability of Colombia to the world in order to contribute its experience and generate proposals and scenarios for dialogue in the international context.
Another of the key contributions to the possibility of police training has been through the creation of the Interpol chair in the academic pensum of the Police Schools, where the importance and need to know the capabilities and tools that the International Criminal Police Organization Interpol offers to the world. On the other hand, in coordination with the General Secretariat of the Organization, efforts were made to ensure that the online courses of the Interpol IGLC Program were within the reach of all the men and women of the National Police. In view of this last aspect, it is worth noting that the Organization recognized Colombia, by means of an article published on its website, as a global standard for online training.
In relation to the participation in Interpol events, the Police have received 61 protocol visits from international entities discriminated against in aggregations, Police, Fiscalas, and Attorney General's offices in countries such as Brazil, the Netherlands, the United States, and the United States. France, Ecuador, Germany, Panama, Mexico, Chile, Spain, Peru, Dominican Republic, Austria, Canada, Honduras, Netherlands, Italy, Argentina, Korea, Sweden, Portugal and Guatemala, who recognize in Colombia an important technical capacity and technology to deal with crime.
Fundamental has been the construction of a culture through communication with the other 189 countries, which seeks to transform, integrate, unify and consolidate the image of Interpol Colombia from the possibility of showing the world the institutional capabilities.
4. APPROVAL OF THE "STATUTE AND GENERAL REGULATION OF THE INTERNATIONAL CRIMINAL POLICE ORGANISATION-INTERPOL-"
Both Colombia's accession process to the International Criminal Police Organization Interpol, as well as its insertion into the Colombian legal order and the active deployment that the country has had as a member state, effectively making the the responsibility that falls within the international community for the prevention, control and repression of the various forms of crime, as described in the previous titles, reaffirm Colombia's membership of Interpol and so it is accepted in the framework of public international law.
However, a review of the issue by the Ministry of Foreign Affairs led to the conclusion that the "Statute and general regulation of the International Criminal Police Organization (Interpol)" is pending the passage of approval by the Congress of the Republic and examination of the exilibility by the Constitutional Court. This circumstance, communicated by the Ministry of Foreign Affairs to the Ministry of Defense during a meeting held on August 15, 2012, originates the first objective of this bill, which is to conclude the internal procedure of approval of the "Statute and general regulation of the International Criminal Police Organization (Interpol)".
5. APPROVAL OF THE "AGREEMENT ON PRIVILEGES AND IMMUNITIES FOR THE STATUTORY MEETINGS BETWEEN THE REPUBLIC OF COLOMBIA AND THE GENERAL SECRETARIAT OF THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION-INTERPOL-", SIGNED IN THE CITY OF BOGOTA ON 13 NOVEMBER 2012
The second objective of this bill is the approval of the " Agreement on Privileges and Immunities for Statutory Meetings between the Republic of Colombia and the General Secretariat of the International Organization of Criminal Police (Interpol) ", signed in the cities of Lyon (France) on September 26, 2012 and Bogotá (Colombia) on November 13, 2012, hereinafter" the Agreement " which has as main objective the celebration of the 82nd Assembly of Interpol to be held in the city of Cartagena de Indias in October 2013.
The Agreement seeks to regulate the regime of privileges and immunities that will be recognized to the Organization and its members during the Organization's statutory meetings, which are carried out in the Colombian territory.
As is customary in the international arena, for meetings held outside the host State, the host country grants privileges and immunities that facilitate the entry and stay of the participants. On this occasion, the signed Agreement extends for participants in Interpol's statutory meetings to be held in Colombia, the same privileges and immunities that have already been agreed and approved by the Congress for United Nations in similar cases.
For the reasons outlined above, the National Government, through the Minister of Foreign Affairs and the Minister of National Defense, requests the Honorable Congress of the Republic to approve the bill by of of which the "Statute and General Regulations of the International Criminal Police Organization (Interpol)" and the "Agreement on Privileges and Immunities for Statutory Meetings between the Republic of Colombia" are approved and the General Secretariat of the International Criminal Police Organization (Interpol) ", subscribed in the cities of Lyon (France) on 26 September 2012 and Bogotá (Colombia) on 13 November 2012.
Of the honorable Congressmen,
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of National Defense,
JOHN CARLOS PINZON BUENO.
The Congress of the Republic
Seen the texts of the Statutes and the General Regulations of the International Criminal Police Organization (OIPC)-Interpol, approved by the General Assembly of the Organization at its twenty-fifth meeting held in Vienna in 1956, and the text "Agreement on Privileges and Immunities concluded between the International Criminal Police Organization (Interpol) and the Republic of Colombia", which reads:
STATUTE OF THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION OIPC-INTERPOL.
STATUTE.
The Organization called "INTERNATIONAL CRIMINAL POLICE COMMISSION" will be titled "INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL)". Its headquarters are located in France.
Your purposes are:
(a) to achieve and develop, within the framework of the laws of the different countries and with respect to the Universal Declaration of Human Rights, the widest mutual assistance of the criminal police authorities;
(b) establish and develop all institutions that can contribute to the prevention and repression of violations of common law.
Any activity or intervention on matters of a political, military, religious or racial nature is strictly prohibited to the Organization.
Each country may designate as a member of the Organization any official body of police whose functions are within the framework of the activities of the Organization.
The income request must be submitted to the Secretary-General by the competent governmental authority. Admission will not be final but after the General Assembly has approved by a two-thirds majority.
The International Criminal Police Organization Interpol understands:
-- The General Assembly,
-- The Executive Committee,
-- The General Secretariat,
-- The National Central Offices,
-- The Advisors,
-- The Ficheros Control Commission.
The General Assembly is the supreme organ of the Organization. It consists of Delegates of the Members of the same.
Each Member may be represented in the Assembly by one or more Delegates. There will be only one head of delegation for each country, which will be designated by the competent governmental authority.
Given the technical nature of the Organization, the Members must ensure that they appear in their delegations:
(a) senior officers belonging to the bodies carrying out police duties;
(b) officials whose mission is linked, at the national level, to the activities of the Organization; and
(c) specialists in the issues that appear on the agenda.
The functions of the General Assembly will be as follows:
(a) assume the responsibilities set out in this Statute;
(b) establish principles and decide on general measures conducive to the achievement of the objectives of the Organization, as set out in Article 2;
(c) examine and approve the work programme presented by the Secretary-General for the following year;
(d) fix the provisions of how many regulations are deemed necessary;
(e) choosing the personalities to assume the functions provided for in the Staff Regulations;
(f) pass resolutions and direct recommendations to Members on issues that fall within the competence of the Organization;
(g) determine the Organization's financial policy;
(h) examine and approve agreements concluded with other organizations.
Members will have to do as much as is compatible with their own needs to comply with the decisions of the General Assembly.
The General Assembly of the Organization shall hold an ordinary meeting every year. Extraordinary meetings may be held at the request of the Executive Committee or of the majority of Members.
11.1 In the course of their meeting, the General Assembly may set up specialized committees for the study of certain questions.
11.2 May also decide on the holding of regional conferences to be held between two General Assembly meetings.
12.1 At the end of each of its meetings, the General Assembly will elect the place where its next meeting will be held.
12.2 Also, if one or more countries submit their candidacy, the General Assembly may decide the place where it will meet two years after the current Assembly.
12.3 If, for certain circumstances, it is impossible or inappropriate to hold the meeting at the chosen location, the General Assembly may decide to choose another location for the holding of the next year's meeting.
In the General Assembly, only one delegate from each country will have the right to vote.
Decisions shall be taken by simple majority, except in cases where the Staff Regulations expressly require a two-thirds majority.
The Executive Committee shall be composed of the President of the Organization, three Vice-Presidents, and nine Vocals.
The 13 members of the Executive Committee shall be nationals of different countries, bearing in mind the appropriateness of an equitable geographical distribution.
The General Assembly shall elect the President and three Vice-Presidents of the Organization among the Delegates.
The President will be elected by a two-thirds majority vote. After two unsuccessful votes, only the simple majority will be required.
The President and Vice-Presidents must proceed from different continents.
The President will be elected for 4 years. The Vice-Presidents shall be elected for 3 years. They shall not be immediately reeligible for the same charges or for those of the Executive Committee's Vocals.
If, as a result of the election of the President, the provisions of Articles 15 (2) and Article 16 (3)) are disclosed inapplicable or incompatible, the choice of a fourth Vice-President shall be made in such a way that all continents are represented in the presidency.
The Executive Committee may then be temporarily composed of 14 members. This exceptional situation shall end as soon as circumstances permit the return to the provisions of Articles 15 and 16.
The President of the Organization:
(a) chair meetings of the General Assembly and the Executive Committee, and conduct their discussions;
(b) ensure that the activities of the Organization are in accordance with the decisions of the General Assembly and the Executive Committee; and
(c) shall maintain in all possible direct and constant contact with the Secretary-General of the Organization.
The nine Vocals of the Executive Committee will be elected by the General Assembly for a period of three years. They will not be reeligible immediately for the same charge.
The Executive Committee shall meet at least once a year, convened by the President of the Organization.
In the performance of their duties, all personalities who are part of the Executive Committee shall act as representatives of the Organization and not as representatives of their respective countries.
The Executive Committee:
(a) Velara for the execution of General Assembly decisions;
(b) prepare the agenda for General Assembly meetings;
(c) submit to the General Assembly any work programme and any project it deems appropriate;
(d) monitor the management of the Secretary-General; and
(e) shall exercise all powers delegated to it by the Assembly.
In the event of the death or resignation of one of the members of the Executive Committee, the General Assembly shall elect a replacement, whose term of office shall expire on the same date as that of its predecessor. The mandate shall cease automatically when the personality chosen for the Executive Committee ceases to be delegated to the Organization.
Personalities appointed to integrate the Executive Committee shall retain their duties until the closing of the General Assembly meeting held in the year in which their term of office expires.
The Permanent Services of the Organization is the General Secretariat.
The General Secretariat:
(a) apply the decisions of the General Assembly and the Executive Committee;
(b) will act as an international center for the fight against common law crime
(c) will act as a technical and information center;
(d) will be in charge of the general administration of the Organization;
(e) will maintain liaison with national and international authorities, dealing with criminal investigations through the National Central Offices;
(f) will prepare and edit how many publications are considered useful;
(g) organise and execute the secretarial work at the meetings of the General Assembly, the Executive Committee, and, where applicable, all other organs of the Organization;
(h) will prepare a work plan for the following year, which will present the review and approval of the Executive Committee and the General Assembly;
(i) will maintain in all possible direct and constant contact with the President of the Organization.
Constitute the General Secretariat, the Secretary General, and the technical and administrative personnel responsible for carrying out the work of the Organization.
The Secretary General will be elected by the General Assembly, for a term of five years, on a proposal from the Executive Committee. He will be reelectable, but will not be held in office when he turns 65. However, you may terminate your term of office if you meet for the same period of 65 years.
The Secretary-General should be chosen among highly competitive personalities on police matters.
In exceptional circumstances, the Executive Committee may propose to the General Assembly to cease the Secretary-General.
The Secretary-General shall hire and direct staff, be responsible for economic management, and organise, activate and direct the permanent services, in accordance with the instructions decided by the Executive Committee or the General Assembly.
The Secretary General shall present to the Executive Committee and the General Assembly proposals and projects concerning the work of the Organization.
The Secretary-General shall be accountable to the Executive Committee and to the General Assembly.
The Secretary-General shall participate in his own right in the debates of the General Assembly, the Executive Committee and all other bodies that are dependent on them.
In the performance of his duties, the Secretary-General shall represent the Organization and not a particular country.
In the performance of their duties, the Secretary-General and the staff of his or her orders shall neither seek nor take instructions from any Government or any authority outside the Organization and shall refrain from any action which may prejudice their international mission.
For their part, each of the Members of the Organization undertakes to respect the exclusively international character of the functions of the Secretary-General and of the staff, and not to influence them in the performance of their duties.
Each member of the Organization shall also do as much as possible to grant the Secretary-General and staff all the facilities necessary for the exercise of their duties.
In order to achieve its objectives, the Organization needs the permanent and active cooperation of its Members, which must make all efforts compatible with their own laws to participate diligently in the activities of the Organization.
In order to achieve this cooperation, each country will designate an agency that will act in its territory as the National Central Office. This body will be responsible for maintaining the link:
(a) with the various services in the country;
(b) with the agencies of other countries acting as National Central Offices;
(c) with the General Secretariat of the Organization.
In those countries in which the provisions of Article 32 are inapplicable or imparted in order to achieve centralised and effective cooperation, the General Secretariat shall determine, in agreement with the country concerned, the means of more appropriate cooperation.
For the study of scientific questions, the Organization may use "Advisors". The role of the Advisors will be only consultative.
The Advisors will be appointed by the Executive Committee for a period of three years. His appointment shall not be final as long as it is not approved by the General Assembly.
Advisors will be chosen from personalities who have a reputation and international authority for their work in some of the disciplines that interest the Organization.
The General Assembly may decide to annul the appointment of the appointed advisers.
THE ORGANIZATION FILES CONTROL COMMISSION.
The Ficheros Control Commission is an independent body that will ensure that Interpol's treatment of personal information complies with the rules stipulated by the Organization itself.
The Ficheros Control Commission will advise the Organization on all projects, operations, regulatory issues, or any other matters involving the processing of personal information.
The Ficheros Control Commission will process requests related to the information contained in the Organization's files.
Members of the Control Committee of the Ficheros shall have the necessary knowledge to perform their duties. Its composition and functioning shall be the subject of specific rules to be established by the General Assembly.
The Organization's economic resources will come from:
(a) of the financial contributions of its Members; and
(b) donations, legacies, grants and other sources of income, upon acceptance or approval of the Executive Committee.
The General Assembly shall determine the basis for the financial participation of Members and the maximum amount of expenditure in accordance with the budgetary calculations presented by the Secretary-General.
The draft budget of the Organization shall be prepared by the Secretary General and approved by the Executive Committee.
It will take effect after your acceptance by the General Assembly.
In the event that the General Assembly has not been able to approve the budget, the Executive Committee shall take all necessary steps, following the general budget lines of the preceding budget.
RELATIONSHIPS WITH OTHER ORGANIZATIONS
Whenever it deems appropriate, taking into account the aims and objectives set out in the Statute, the Organization shall establish relations with other international, intergovernmental or non-governmental organizations, and shall collaborate with they.
No text that provides for permanent relations with international, intergovernmental, or non-governmental organizations will force the Organization but after it has been approved by the General Assembly.
In all matters within its competence, the Organization may request the advice of international non-governmental organizations or national organizations, both official and non-official.
Subject to the approval of the General Assembly, the Executive Committee or, in case of urgency, the General Secretariat, may accept missions or functions that correspond to the sphere of their activities and their competence, and which are entrusted to them, either by other international bodies or institutions, or by virtue of international conventions.
APPLICATION, MODIFICATION, AND INTERPRETATION.
This Statute may be amended either on the proposal of a Member or on a proposal from the Executive Board.
Any draft amendment to this Statute shall be communicated by the Secretary-General to the Members of the Organization, at least three months before the General Assembly is examined.
All amendments to this Statute shall be approved by the General Assembly, by a two-thirds majority of the Members of the Organization.
The Spanish, French and English texts of this Statute shall be considered authentic.
The General Assembly shall determine the rules for the application of this Statute in a General Regulation and in the Annexes thereto, the provisions of which shall be adopted by a two-thirds majority.
All the agencies that have represented the States mentioned in Annex I shall be considered as Members unless, within a period of six months from the date of entry into force of this Statute, they declare, through the of the competent governmental authority, which cannot accept it.
One of the two Vice-Presidents elected in the first election will cease in the exercise of his office at the end of a year. The determination of which of the Vice-Presidents shall cease after one year shall be made by lot.
The mandate of two of the Executive Committee Vocals elected in the first election will expire at the end of one year and that of two other Vocals after two years. The determination of which of the Vocals shall cease in one and another date shall be made by lot.
The General Assembly will be able to confer on the personalities who have provided eminent and prolonged services in the International Criminal Police Commission, honorary titles of the Organization, of rank and quality corresponding to the services provided at that time.
All goods belonging to the International Criminal Police Commission are transferred to the Organization.
In this Statute:
-- Organization: means how many times the International Criminal Police Organization uses it;
-- Statute: means how many times the International Criminal Police Organization Statute is used;
-- Secretary General: designates the Secretary-General of the International Criminal Police Organization;
-- Committee: designates the Organization's Executive Committee;
-- Assembly or General Assembly: designates the General Assembly of the Organization;
-- " Member (in singular) or Members (plural): designate a Member or Members of the International Criminal Police Organization, as set forth in Article 4
-- Delegate (in singular) or Delegates (plural): designate the personality or personalities that are part of the delegations provided for in Article 7;
-- " Vocal (in singular), Vocals (plural): designate the personality or personalities chosen to be part of the Executive Committee under the conditions set forth in Article 19.
This Statute shall enter into force on 13 June 1956.
LIST OF COUNTRIES TO WHICH THE PROVISIONS OF ARTICLE 45 OF THE STATUTE WILL APPLY.
Netherlands Antilles, Saudi Arabia, Argentina, Australia, Austria, Belgium, Burma, Brazil, Cambodia, Canada, Ceylon, Colombia, Costa Rica, Cuba, Chile, Denmark, Egypt, Spain, United States of America, Philippines, Finland, France, Greece, Guatemala, India, Indonesia, Iran, Republic of Ireland, Israel, Italy, Japan, Jordan, Lebanon, Liberia, Libya, Luxembourg, Mexico, Monaco, Norway, New Zealand, Netherlands, Pakistan, Portugal, United Kingdom of Great Britain and Northern Ireland, Dominican Republic, Federal Republic of Germany, Saarland, Sudan, Sweden, Switzerland, Syria, Suriname, Thailand, Turkey, Uruguay, Venezuela, Yugoslavia.
The General Regulation and its Annexes are approved in application of the provisions of Article 44 Statute of the Organization.
In case of divergence between the General Regulation and the Statute, the text of the Statute shall prevail.
ASSEMBLY: PLACE-DATE-CONVOCATION.
The Assembly will hold an ordinary meeting every year.
Any Member may invite the Assembly, on behalf of his country, to meet in the territory of the Assembly.
In case of impossibility, the meeting will be held at the headquarters of the Organization.
All invitations will be sent to the President before the opening of the Assembly debates.
If the Executive Committee considers that certain circumstances make it inappropriate to hold the Assembly at the place set in the previous meeting, it may decide that it will be held elsewhere.
The President will set the date of the Assembly meeting, after consultation with the authorities of the inviting country and with the Secretary General.
Once the date and place are determined, the calls will be sent to the Members, at least four months in advance:
(a) by the inviting country, to the other countries, by diplomatic means;
(b) by the Secretary General, to the Members of the Organization.
You may be invited to attend meetings, as Observers:
(a) the police agencies that are not members of the Organization;
(b) international organizations.
The list of these Observers will be prepared by the Executive Committee, with the consent of the requesting country.
The observers referred to in paragraph (a) shall be invited jointly by the requesting country and the Secretary-General; the Observers referred to in paragraph (b), only by the Secretary-General, after agreement of the Executive Committee and the inviting country.
The provisional agenda of the meeting shall be prepared by the Executive Committee and communicated to the Members, at least 90 days before the opening of the meeting.
The provisional agenda will comprise:
(a) the Secretary-General's report on the activities of the Organization;
(b) the Secretary-General's report on the financial situation and the draft budget;
(c) the work programme for the following year, proposed by the Secretary-General;
(d) the issues identified by the Assembly at its previous meeting;
(e) the issues proposed by a Member
(f) questions submitted by the Executive Committee or by the Secretary-General.
Any member may request, thirty days before the opening of the meeting, that an additional question be entered on the agenda.
Before the meeting of the General Assembly, the Executive Committee shall establish the order of the final day in accordance with the urgency and priority of the questions, taking into account the provisional agenda and the supplementary questions. Issues not addressed in the previous meeting will take precedence over the issues proposed for the next meeting.
As far as possible, Members will receive, thirty days before the opening of the meeting, the necessary documentation for the study of the reports and issues on the agenda.
In principle, extraordinary meetings will be held at the headquarters of the Organization.
The Secretary-General shall convene an extraordinary meeting, in agreement with the President, as soon as possible to the date on which the request was made. This period may not be less than 30 days, not more than ninety days.
In principle, on the agenda of an extraordinary meeting, only the object that has motivated its convocation may be included.
Members shall notify the Secretary-General, as soon as possible, of the composition of their delegation.
The General Assembly will take its decisions in plenary in the form of resolutions.
Each represented country shall have one vote, unless Article 52 of this Regulation applies.
The vote shall be issued by the Head of Delegation or a Delegate.
The representative of a Member will not be able to vote for another Member.
The decisions of the Assembly shall be taken by a simple majority, except where it has been agreed otherwise, in accordance with the provisions of the Staff Regulations.
The majority will always be computed according to those present who vote for or against. Those who abstain will be allowed to justify their attitude.
When the Statute requires "the majority of Members", the calculation of the majority shall be made on the basis of the total number of the Members of the Organization, whether or not represented at the Assembly meeting.
Each decision will result in a single vote, except when a majority of two-thirds is required.
In the latter case, two votes may be taken to obtain the required majority.
Votes may be by raised, nominal, or secret hands.
Any Delegate may propose at any time that a vote is nominal, except in cases where the secret ballot is provided.
The choice of the personalities to be included in the Executive Committee shall be made by secret ballot.
In case of a tie between two candidates, a new vote will be taken. If a new tie occurs, the designation of the chosen one will be made by lot.
At the request of a Delegate, the resolutions may be submitted to the vote paragraph by paragraph. In this case, the vote will be taken on the whole.
The vote on the whole will never deal with several resolutions at the same time.
When a proposal is subject to an amendment, the amendment will be put to the vote first.
If a number of amendments are tabled, the President will put them to the vote successively, starting with the one that sets aside, as for the fund, the initial proposal.
Sessions of the Assembly and the Commissions shall not be public, except in cases where the Assembly decides otherwise.
The Assembly may limit the time of the use of each speaker's word.
In the course of the debate on a motion, any member may raise a point of order, upon which the President shall immediately rule.
Any Delegate may contest the presidential decision before the Assembly, which shall immediately be taken by vote.
If in the course of a debate, a speaker asks for the suspension or adjournment of the session or debate, the motion will be immediately put to the vote
Any Delegate may request, at any time, the closing of the debate. You will be able to use the word two speakers to oppose it. The Assembly shall act immediately on the motion to close the debate.
The Assembly may not rule on a draft resolution without it being distributed in writing in all working languages.
Amendments or counter-proposals may be discussed immediately, unless the majority requests the distribution of the written text.
When a draft resolution has a financial impact, the Executive Committee shall be asked to deliver an opinion and the debate shall be deferred.
The Secretary-General or his representative may speak at any time in the discussions.
From the debates of the Assembly, summary minutes will be raised, which will be distributed as soon as possible in the working languages used.
The Secretary-General shall direct the services of the Secretariat of the Assembly.
To this end, you will contract, direct, and give timely orders to the necessary personnel.
35.1 The General Assembly shall institute at each meeting as many Commissions as it deems necessary. On a proposal from the President, he may distribute among themselves the study of the issues of the Order of the Day.
35.2 When deciding on the creation of a regional conference, the General Assembly will delegate to the latter the power to determine the place, date and conditions of organization, taking into account the proposals of the member countries. If no decision has been taken by the regional conference, the General Assembly shall decide on the matter.
36.1 Each Commission shall elect its President. All members of the Commission shall have the right to vote. The meetings of the Commissions shall be governed by the same rules as the plenary sessions of the Assembly.
36.2 The provisions of paragraph 1 of this Article shall also apply to regional conferences.
37.1 Each Commission shall report its work to the Assembly, through its own President or a rapporteur specially designated by it.
37.2 Regional conferences will also be able, through their President, to transmit their recommendations to the General Secretariat, which will be responsible for coordinating the possible proposals for resolutions for their presentation to the Assembly. General.
Unless the Assembly decides otherwise, any Commission may be consulted in the intervals between the meetings of the Assembly.
The President may, after consulting the Secretary-General, authorize a Commission to meet at intervals between meetings of the General Assembly.
At the end of the regular meeting, the Assembly will proceed to the elections to provide the existing vacancies in the Executive Committee. The new members will be elected among the Delegates.
At the beginning of each of its meetings, the General Assembly shall elect at least three Heads of Delegation to be the "Elections Committee".
This Committee will examine the validity of applications which must be submitted and submitted to the Assembly in alphabetical order.
If, for any reason, the President ceases to be in a position to perform his duties, either during the meeting, or in the interval between two meetings, he will be replaced by the oldest Vice President, who will act as President. interim.
In the event that the Vice-Presidents are missing, the functions of President will be provisionally entrusted to a Vocal of the Executive Committee, appointed by the other members of the Executive Committee.
The Assembly shall elect the Secretary-General, by secret ballot, for a period of five years.
The Executive Committee will propose the candidacy for the position of Secretary General.
The Secretary-General must be a personality who exercises or has served in the Police.
You should preferably be a national of the country where the Organization is located.
The term of office of the Secretary-General shall begin at the end of the meeting in which he is elected and shall end at the end of the meeting held in the year in which his term of office expires.
The Secretary-General will be reeligible.
In the event that the Secretary General is unable to perform his duties, these will be performed by the highest official of the Secretariat, subject to any decision the Committee may take. Executive.
The General Assembly, the Executive Committee, the President and the Secretary-General may take the initiative to consult the Advisors, individually or collectively. For their part, the Advisors may make scientific suggestions to the Secretary-General or to the Executive Committee.
At the invitation of the Assembly, the Executive Committee or the Secretary-General, the Advisors shall submit to the Assembly reports or scientific communications.
Advisors will be able to attend the General Assembly meetings as observers freely and, upon invitation of the President, will be able to intervene in the discussions.
There is no impediment to multiple Advisors being nationals of the same country.
Advisors may meet by convening the President of the Organization.
A Financial Regulation will specify the modes of:
determination and payment of statutory contributions;
setting, approving, executing, and auditing the budget;
organization of accounting, teneduria, audit and approval of accounts;
contracts for works, supplies and services, as well as for its audit, and will, in general, include any provision concerning the financial management of the Organization.
(1) When a Member ceases to meet its financial obligations to the Organization for the current financial year and the previous year:
(a) Your right to vote at meetings of the General Assembly and other meetings of the Organization shall be suspended, but the restrictions on voting rights shall not apply in the case of voting to amend the Statute of the Organization.
(b) You shall not be entitled to send representatives to meetings and other meetings organised by the OIPC-Interpol, whatever they may be, except in the case of the General Assembly and other statutory meetings.
(c) You will not be entitled to host the OIPC meetings or meetings-Interpol.
(d) You may not propose candidates to fill a post of official intended or made available to the General Secretariat.
(e) Any benefit or service provided by the General Secretariat, except those provided for in the Staff Regulations, shall be suspended
(2) On the other hand, once a Member has not fulfilled its financial obligations to the Organization for the current financial year and the previous financial year, the Secretary General:
(a) It will prove that the conditions required for the application of the sanctions are met and will notify the country concerned.
(b) Take appropriate measures for the application of the penalties provided for in paragraph 1 of this Article, unless the Executive Committee decides that the withdrawal of one or more of the benefits or services referred to in paragraph 1 (e) is not beneficial to the Organization.
(c) Report to the Executive Committee.
(3) The Member to which the measures taken may be applied may appeal against this decision to the Executive Committee, which shall receive the appeal at least 30 days before the beginning of its next meeting. If the Executive Committee decides to maintain the measures imposed, the appeal will be forwarded to the General Assembly, which will debate it and make a decision on the matter at the beginning of its meeting. A Member State may not appeal again against a decision of the General Assembly, unless the Executive Committee authorises it to consider that a new determining factor has occurred. Appeals shall not suspend the application of the measures applied by the Secretary-General within the meaning of paragraph 2 of this Article; such measures shall remain in force until the Executive Committee or the General Assembly revokes them.
(4) If a Member ceases to fulfil its financial obligations to the Organization in respect of financial years prior to that in the course of which an election is held for the Executive Committee, the Members of the Executive Committee shall Member shall not be eligible for the duties of President, Vice President or Vocal of the Executive Committee. Such a Member may not propose candidates for an eligible position or a representative function related to the Organization.
(5) The Secretary-General shall verify the revocation of all measures taken pursuant to paragraph 1 of this Article at the time when it is established that the Member has fulfilled his financial obligations to the Organization, the wording of paragraphs 1 and 6. The Secretary-General shall inform the Executive Committee of the revocation.
(6) (a) The term "financial obligations" means the statutory contributions of Members and any other obligations they may have for the Organization arising from a contract or agreement.
(b) For the purposes of this Article only, no account shall be taken of the differences in fertilisers relating to the financial obligations corresponding to the preceding financial year where they do not exceed 5% (5%) of those financial obligations as defined in paragraph (a) of this paragraph.
(This new Article 52 text overrides and replaces the previous Article 52 as approved by General Assembly Resolutions AGN/52/RES/7 and AGN/57/RES/1).
A Staff Regulations shall determine which staff of the Organization applies and shall state the rules and procedures governing their administration. It shall also define the fundamental conditions of employment and the essential duties and rights of staff members.
1. The working languages of the Organization shall be Arabic, Spanish, French and English.
2. In the course of the work of the General Assembly, any Delegate may express himself in another language, subject to the responsibility of providing the interpretation in one of the languages indicated in paragraph 1 of this article. The request for the use of simultaneous interpretation in a language other than those referred to in paragraph 1 of this Article shall be submitted by a group of countries at least four months before the meeting of the General Assembly. Secretary-General, who will make it known whether the technical conditions permit his employment.
3. Countries making use of the exceptional provisions of paragraph 2 of this Article may do so only if they have taken full responsibility for the relevant administrative measures and all financial burdens resulting from them. same. "
Any Member may propose an amendment to the General Regulation and its Annexes, sending a proposal to the Secretary-General 120 days before, at least, the holding of the next General Assembly meeting. Upon receipt of this proposal, the Secretary-General shall disseminate it among the Members, at least ninety days before the General Assembly meeting.
The Secretary-General may propose a modification of the General Regulation or its annexes, distributing the proposal to the Members at least ninety days before the General Assembly meeting.
During meetings, and in case of urgency, the modification of the General Regulation and its annexes may be discussed immediately, in writing and jointly by three Members.
The General Assembly shall take its decision on the amendment of the General Regulation and its Annexes, after obtaining the opinion of an "ad hoc" committee composed of three delegates elected by the Assembly and two persons appointed by the Committee Executive.
This ad hoc committee will also be consulted on any draft amendment to the Staff Regulations.
Mr. Juan Carlos Pinzón Bueno, Minister of National Defense and duly empowered representative of the Government of the Republic of Colombia,
and
Mr. Ronald k. Noble, Secretary of the International Criminal Police Organization (Interpol),
They come in the following:
ARTICLE 1. PRIVILEGES AND IMMUNITIES FOR THE ORGANIZATION.
On the occasion of the Statue Meetings of the International Criminal Police Organization Interpol that will be based in the country of Colombia (Executive Committee, General Assembly or Regional Conference), Colombia will extend to Interpol, the following privileges and immunities:
(a) The Organization shall have immunity from jurisdiction in the event of civil, administrative, criminal and enforcement action, except in cases where it expressly renounces that immunity.
(b) All documents belonging to or in the form of the Organization, especially its files and accounts, shall be inviolable regardless of the place in which they are located.
The inviolability of the official correspondence of the Organization will be guaranteed. Their official communications, which may be encrypted, will not be subject to censorship.
(c) Without being affected by any fiscal ordinances, regulations or moratoriums of any kind, the Organization may receive and keep funds and foreign exchange of all kinds and have accounts in any currency in the Colombian territory and transfer freely its funds and its foreign exchange both within the Colombian territory and between its headquarters or its Subregional Offices and Colombia.
(d) The administrative, technical and scientific material supplied by the Organization for the celebration of the Statue, the publications, the other official documents of the the Organization intended for its work and the usual gifts offered or received by the Secretary General and the officials of the Organization during the Statue's meetings. The Organization undertakes to re-export all material, publications or gifts that have not been used or distributed at the end of the meetings.
ARTICLE 2. ADMISSION TO THE TERRITORY OF THE PARTICIPANTS
1. Colombia undertakes to permit the entry and exit of its territory, of the following persons for the duration of the statutory meetings mentioned in the previous article:
(a) members of the Executive Committee of the OIPC-Interpol;
(b) representatives of the member countries listed in the list of participants of the respective event, a copy of which shall be delivered to the authorities of Colombia, at least seven days before the beginning of the meeting;
(c) staff members of the General Secretariat appointed to assist the Executive Committee and the General Assembly;
d) members of the Interpol File Control Commission and persons who perform official functions on their behalf.
(e) interpreters and editors of minutes hired by the General Secretariat;
f) Organization advisors;
g) observers and experts invited to attend meetings; and
h) family and staff accompanying the above.
2. Visas or authorisations for entry and exit which may be specified by persons participating in the meetings shall be extended without charge or delay.
ARTICLE 3. PARTICIPANTS ' PRIVILEGES AND IMMUNITIES
1. During the statutory meetings (Executive Committee, General Assembly, and Regional Conference), as during the trip to attend them or return to their respective countries, Colombia will extend the privileges and immunities established in the Article IV of the United Nations Convention on Privileges and Immunities, to the members of the Executive Board; representatives of the member countries; members of staff of the General Secretariat appointed to provide assistance during the course of the meetings; interpreters and editors of minutes hired by the General Secretariat; Organisation advisers, observers, experts invited to attend meetings, with the exception of local staff.
2. The Secretary-General and the members of the Executive Board shall also be extended the privileges and immunities provided for in Articles V and VI of the United Nations Convention on Privileges and Immunities.
ARTICLE 4. PROPER USE OF PRIVILEGES AND IMMUNITIES.
1. The privileges and immunities referred to in the previous Article shall be granted to their beneficiaries not for their personal benefit but for the proper functioning of the organs of the Organization. The competent authorities of the Member States of the Organization shall have the right and the duty to waive the immunity of the beneficiaries where it is an obstacle to the action of justice, provided that the failure to do so does not affect the to the interests of the Organization.
2. Interpol shall have the right and duty to waive the immunity of the beneficiaries where it is an obstacle to the action of justice, provided that the failure to raise it does not affect the interests of the Organization.
ARTICLE 5. RESOLUTION OF DISPUTES.
Any dispute which may arise between the Government and the Organization as regards the interpretation or application of this Agreement and which cannot be settled by way of negotiation shall be submitted, provided that the parties do not resolve another subject, to arbitration by a tribunal composed of a single arbitrator, appointed by the Secretary-General of the Permanent Court of Arbitration, in accordance with the optional rules applicable to arbitration concerning international organizations and States. The decisions of the Arbitration Court are binding and have the value of res judicata. Each party may request the Secretary-General of the Permanent Court of Arbitration for the immediate appointment of that arbitrator to examine a request for interim measures for the protection of his rights under this Agreement. The place of arbitration shall be The Hague-Netherlands-and the language used in the proceedings of the Court, English.
Once this Agreement has been signed by the representatives of the parties, the legal procedure provided for by the Colombian legal order must take place, and this will take effect.
In faith of which the undersigned, duly authorized to do so, sign this Agreement.
Item 1o. Approve the Statutes and General Regulations of the International Criminal Police Organization (OIPC)-Interpol, approved by the General Assembly of the Organization at its twenty-fifth meeting held in Vienna in 1956.
Article 2o. Approve the recognition of the Agreement on Privileges and Immunities concluded between the International Criminal Police Organization (Interpol) and the Republic of Colombia.
Article 3o. This law applies from the date of its publication.
Dada en Bogotá, D. C., a ...
THE UNDERSIGNED COORDINATOR OF THE INTERNAL WORKING GROUP OF TREATIES OF THE DIRECTORATE OF INTERNATIONAL LEGAL AFFAIRS OF THE MINISTRY OF FOREIGN RELATIONS OF THE REPUBLIC OF COLOMBIA
CERTIFIES:
That the reproduction of the text above is a faithful and complete copy of the copy certified by the International Criminal Police Organization of the " Statute and General Regulations of the International Police Organization Criminal (Interpol) ", adopted by the General Assembly of the Organization at its twenty-fifth meeting held in Vienna in 1956, a document that rests on the archives of the Internal Working Group of the Treaties of the Directorate of Legal Affairs International of this Ministry.
Dada in Bogotá, D. C., at sixteen (16) days of the month of November of two thousand twelve (2012).
The Coordinator of the Internal Treaty Working Group, Directorate of International Legal Affairs,
ALEJANDRA VALENCIA GARTNER.
AGREEMENT ON PRIVILEGES AND IMMUNITIES FOR STATUTORY MEETINGS BETWEEN THE REPUBLIC OF COLOMBIA AND THE GENERAL SECRETARIAT OF THE ORGANIZATION INTERNATIONAL CRIMINAL POLICE (INTERPOL)
Mr. Juan Carlos Pinzón Bueno, Minister of National Defense and duly empowered representative of the Government of the Republic of Colombia,
and
Mr. Ronald K. Noble, Secretary of the International Criminal Police Organization (Interpol),
They come in the following:
ARTICLE 1. PRIVILEGES AND IMMUNITIES FOR THE ORGANIZATION.
On the occasion of the Statue Meetings of the International Criminal Police Organization Interpol that will be based in the country of Colombia (Executive Committee, General Assembly or Regional Conference), Colombia will extend to Interpol, the following privileges and immunities:
(a) The Organization shall have immunity from jurisdiction in the event of civil, administrative, criminal and enforcement action, except in cases where it expressly renounces that immunity.
(b) All documents belonging to or in the form of the Organization, especially its files and accounts, shall be inviolable regardless of the place in which they are located.
The inviolability of the official correspondence of the Organization will be guaranteed. Their official communications, which may be encrypted, will not be subject to censorship.
(c) Without being affected by any fiscal ordinances, regulations or moratoriums of any kind, the Organization may receive and keep funds and foreign exchange of all kinds and have accounts in any currency in the Colombian territory and transfer freely its funds and its foreign exchange both within the Colombian territory and between its headquarters or its Subregional Offices and Colombia.
(d) The administrative, technical and scientific material supplied by the Organization for the celebration of the Statue, the publications, the other official documents of the the Organization intended for its work and the usual gifts offered or received by the Secretary General and the officials of the Organization during the Statue's meetings. The Organization undertakes to re-export all material, publications or gifts that have not been used or distributed at the end of the meetings.
ARTICLE 2. ADMISSION TO PARTICIPANTS ' TERRITORY.
1. Colombia undertakes to permit the entry and exit of its territory, of the following persons for the duration of the statutory meetings mentioned in the previous article:
(a) members of the Executive Committee of the OIPC-Interpol;
(b) representatives of the member countries listed in the list of participants of the respective event, a copy of which shall be delivered to the authorities of Colombia, at least seven days before the beginning of the meeting;
(c) staff members of the General Secretariat appointed to assist the Executive Committee and the General Assembly;
(d) members of the Interpol File Control Commission and persons performing official functions on their behalf;
(e) interpreters and editors of minutes hired by the General Secretariat;
f) Organization advisors;
g) observers and experts invited to attend meetings; and
h) family and staff accompanying the above.
2. Visas or authorisations for entry and exit which may be specified by persons participating in the meetings shall be extended without charge or delay.
ARTICLE 3. PARTICIPANTS ' PRIVILEGES AND IMMUNITIES.
1. During the statutory meetings (Executive Committee, General Assembly, and Regional Conference), as during the trip to attend them or return to their respective countries, Colombia will extend the privileges and immunities established in the Article IV of the United Nations Convention on Privileges and Immunities, to the members of the Executive Board; representatives of the member countries; members of staff of the General Secretariat appointed to provide assistance during the course of the meetings; interpreters and editors of minutes hired by the General Secretariat; Organisation advisers, observers, experts invited to attend meetings, with the exception of local staff.
2. The Secretary-General and the members of the Executive Board shall also be extended the privileges and immunities provided for in Articles V and VI of the United Nations Convention on Privileges and Immunities.
ARTICLE 4. PROPER USE OF PRIVILEGES AND IMMUNITIES.
1. The privileges and immunities referred to in the previous Article shall be granted to their beneficiaries not for their personal benefit but for the proper functioning of the organs of the Organization. The competent authorities of the Member States of the Organization shall have the right and the duty to waive the immunity of the beneficiaries where it is an obstacle to the action of justice, provided that the failure to do so does not affect the to the interests of the Organization.
2. Interpol shall have the right and duty to waive the immunity of the beneficiaries where it is an obstacle to the action of justice, provided that the failure to raise it does not affect the interests of the Organization.
ARTICLE 5. DISPUTE RESOLUTION.
Any dispute which may arise between the Government and the Organization as regards the interpretation or application of this Agreement and which cannot be settled by way of negotiation shall be submitted, provided that the parties do not resolve another subject, to arbitration by a tribunal composed of a single arbitrator, appointed by the Secretary-General of the Permanent Court of Arbitration, in accordance with the optional rules applicable to arbitration concerning international organizations and States. The decisions of the Arbitration Court are binding and have the value of res judicata. Each party may request the Secretary-General of the Permanent Court of Arbitration for the immediate appointment of that arbitrator to examine a request for interim measures for the protection of his rights under this Agreement. The place of arbitration shall be The Hague-Netherlands-and the language used in the proceedings of the Court, English.
ARTICLE 6. ENTRY INTO EFFECT.
Once this Agreement has been signed by the representatives of the parties, the legal procedure provided for by the Colombian legal order must take place, and this will take effect.
In faith of which the undersigned, duly authorized to do so, sign this Agreement.
THE UNDERSIGNED COORDINATOR OF THE INTERNAL WORKING GROUP OF TREATIES OF THE DIRECTORATE OF INTERNATIONAL LEGAL AFFAIRS OF THE MINISTRY OF FOREIGN RELATIONS OF THE REPUBLIC OF COLOMBIA
CERTIFIES:
That the reproduction of the text above is a faithful and complete copy of the original Spanish language version of the "Agreement on Privileges and Immunities for Statutory Meetings", signed in the city of Lyon, French Republic, on 26 September 2012 and in the city of Bogotá, D. C., on 13 November 2012, a document which is based on the files of the Internal Working Group of the Treaties of the Directorate for International Legal Affairs of the Ministry.
Dada in Bogotá, D. C., at sixteen (16) days of the month of November of two thousand twelve (2012).
The Coordinator of the Working Party of Treaties, Directorate of International Legal Affairs,
Alejandra Valencia Gartner.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., November 22, 2012
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
(Fdo.) Maria Angela Holguin Cuellar.
DECRETA:
Article 1o. Approve the "Statute and General Regulations of the International Criminal Police Organization (Interpol)", approved by the General Assembly of the Organization at its twenty-fifth meeting held in Vienna, in 1956 and " Agreement on Privileges and Immunities for Statutory Meetings between the Republic of Colombia and the General Secretariat of the International Criminal Police Organization (Interpol) ", signed in the city of Lyon, French Republic, on 26 September 2012 and in the city of Bogotá, D. C., on 13 November 2012.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, "Statute and General Regulations of the International Criminal Police Organization (Interpol)", approved by the General Assembly of the Organization in its Twenty-fifth meeting held in Vienna, in 1956 and the " Agreement on Privileges and Immunities for Statutory Meetings between the Republic of Colombia and the General Secretariat of the International Criminal Police Organization (Interpol) ", signed in the city of Lyon, The French Republic, on 26 September 2012 and in the city of Bogotá, D. C., on 13 November 2012, which, pursuant to Article 1 of this Law, are approved, will force the Republic of Colombia from the date on which the link is perfected. international regarding the same.
Article 3o. This law governs 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 National Defense.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of National Defense,
JOHN CARLOS PINZON BUENO.
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 will be incorporated as an annex to each and every International Convention 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., November 22, 2012
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
(Fdo.) Maria Angela Holguin Cuellar.
DECRETA:
ARTICLE 1o. Approve the "Statute and General Regulations of the International Criminal Police Organization (Interpol)", adopted by the General Assembly of the Organization at its twenty-fifth meeting held in Vienna, in 1956 and the " Agreement on Privileges and Immunities for Statutory Meetings between the Republic of Colombia and the General Secretariat of the International Criminal Police Organization (Interpol) ", signed in the city of Lyon, French Republic, on 26 September 2012 and in the city of Bogotá, D. C., on 13 November 2012.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, " Statute and General Regulations of the International Criminal Police Organization (Interpol) ", adopted by the General Assembly of the Organization at its twenty-fifth meeting held in Vienna, in 1956 and" Agreement on Privileges and Immunities for Statutory Meetings between the Republic of Colombia and the General Secretariat of the International Criminal Police Organization (Interpol) ", signed in the city of Lyon, The French Republic, on 26 September 2012 and in the city of Bogotá, D. C., on 13 November 2012, which, pursuant to Article 1 of this Law, are approved, will force the Republic of Colombia 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 revision 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 National Defense,
JOHN CARLOS PINZON BUENO.
