Through Which Approves The "convention International Against The Taking Of Hostages", Adopted By The General Assembly Of The United Nations The Seventeen (17) Of December In The Year One Thousand Nine Hundred And Seventy-Nine (1979)

Original Language Title: Por medio de la cual se aprueba la "Convención Internacional Contra la Toma de Rehenes", adoptada por la Asamblea General de las Naciones Unidas el diecisiete (17) de diciembre de mil novecientos setenta y nueve (1979)

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LAW 837 of 2003 (July 16) Official Journal No. 45.252, of 18 July 2003 public power - legislative branch which approves is the "Convention International against the taking of hostages", adopted by the General Assembly of the United Nations the seventeen (17) of December in the year one thousand nine hundred and seventy-nine (1979).
Summary of notes from force the Congress of the Republic seen the text of the "Convention International against the taking of hostages", adopted by the General Assembly of the United Nations the seventeen (17) of December in the year one thousand nine hundred and seventy-nine (1979).
Decree: Article 1. adopted the "Convention International against the taking of hostages", adopted by the General Assembly of the United Nations the seventeen (17) of December in the year one thousand nine hundred and seventy-nine (1979).
(To be transcribed: attached photocopy of the full text of the international instrument mentioned).
PROJECT in law 226 2002 Senate by means of which is adopted the International Convention against the taking of hostages, adopted by the General Assembly of the United Nations the seventeen (17) of December in the year one thousand nine hundred and seventy-nine (1979).
THE Congress of the Republic saw the text of the International Convention against the taking of hostages, adopted by the General Assembly of the United Nations the seventeen (17) of December in the year one thousand nine hundred and seventy-nine (1979), that the letter says: (to be transcribed: attached photocopy of the full text of the international instrument mentioned).
"International Convention against the taking of hostages, the States parties to the present Convention, keeping in mind the purposes and principles of the Charter of the United Nations relating to the maintenance of international peace and security and to the promotion of relations of friendship and cooperation between the States, recognizing in particular that everyone has the right to life" freedom and the security of person, as set out in the Universal Declaration of human rights and in the International Covenant on Civil and political rights, reaffirming the principle of equal rights and self-determination of peoples, enshrined in the Charter of the United Nations and in the Declaration on principles of international law concerning friendly relations and cooperation among States in accordance with the Charter of the United Nations and in other relevant resolutions of the General Assembly, considering that the taking of hostages is a crime that seriously worries the international community and that, in accordance with the provisions of this Convention, any person that kite said crime shall be subject to trial or subject to extradition, convinced that there is a need urgent foster international cooperation between States to develop and adopt effective measures for the prevention, prosecution and punishment of all acts of hostage-taking as manifestations of international terrorism, have agreed as follows: article 1.

1. any person who seizes another (hereinafter identified as the "hostage") or stop it, and threatens to kill, hurt or keep it arrested in order to compel a third party, namely, a State, an international intergovernmental organization, a natural or legal person or a group of people, to an act or omission as an explicit or implicit condition for the release of the hostage commits the offence of taking of hostages in the sense of the present Convention.
((2) a person who a) attempts to commit an act of hostage-taking, or b) participates as an accomplice of anyone who commits or attempts to commit an act of hostage-taking likewise commits an offence within the meaning of this Convention.

ARTICLE 2.

Each State party shall establish, for crimes provided in article 1, appropriate penalties that take into account the grave nature of such.

ARTICLE 3.

1. the State party in whose territory the offender has detained the hostage will take all measures deems appropriate to alleviate the situation of the same, in particular to secure their release, and, once it has been released, to facilitate, when appropriate, their departure from the country.
2. If changes to a State party can any object which the offender has obtained as a result of the taking of hostages, that State party will return it as soon as possible to the hostage or the third party referred to in article 1, as appropriate, or their competent authorities.

ARTICLE 4.

States parties shall cooperate in the prevention of the offences referred to in article 1, in particular: to) take all measures feasible to prevent that to prepare the Commission of such offences in their respective territories both inside as outside them, in particular measures to prohibit illegal activities of persons, groups or organizations that encourage in them instigate, organize or commit acts of hostage-taking;
(b) exchanging information and coordinating the adoption of administrative measures and other measures, as appropriate, to prevent those crimes are committed.

ARTICLE 5.

1 each State party shall adopt such measures that may be necessary to establish its jurisdiction over the offences provided for in article 1 which are committed: to) in its territory or on Board of a ship or an aircraft registered in that State;
(b) by its nationals, or by stateless persons who usually reside in its territory, if in the latter case, that State considers it appropriate;
c) in order to compel that State to an act or omission; or (d) with respect to a hostage who is a national of that State, if the latter deems it appropriate.
2. each State party shall also adopt such measures that may be necessary to establish its jurisdiction over the offences set forth in article 1 in the case that the alleged offender is present in its territory and that State do not access to grant his extradition to any of the States mentioned in paragraph 1 of this article.
3. this Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

ARTICLE 6.

1. If he considers that the circumstances so warrant, any State party in whose territory the alleged offender is present shall, in accordance with its law, to arrest or will take other measures to ensure his presence for the period that is necessary to enable the initiation of criminal proceedings or extradition. That State party shall immediately proceed to a preliminary investigation of the facts.
2. the arrest and other measures, referred to in paragraph 1 of this article shall be notified without delay directly or through the Secretary-General of the United Nations:

(a) to the State on whose territory it is committed the offence;
(b) to the State against which it has been directed or attempted coercion;
(c) to the State, which has the natural person or legal against which has been directed or attempted coercion;
(d) to the State of which the hostage are national or in whose territory has his habitual residence;
(e) to the State of which the alleged offender is a national or, if this is a stateless person, the State in which he has his habitual residence;
(f) to the international intergovernmental organization against which has been directed or attempted coercion;
(g) to all other States concerned.
3 anyone with regard to which the measures referred to in paragraph 1 of this article shall have the right: to) to contact without delay with the competent nearest representative of the State of which he is a national or of him who, by other reasons responsible for the establishment of such communication or, in the case of a stateless person , of the State in the territory of which he has his habitual residence;
(b) to be visited by a representative of that State.
4. the rights referred to in paragraph 3 of this article shall be exercised in accordance with the laws and regulations of the State in whose territory the alleged offender, provided, however, that these laws and regulations will enable fully compliance with the purposes to which they obey the rights accorded under paragraph 3 of this article.
5 the provisions of paragraphs 3 and 4 of this article shall not prejudice the right of any State that, pursuant to subparagraph (b)) paragraph 1 of article 5 can asserting their jurisdiction, to invite the International Committee of the Red Cross to communicate with the alleged offender and visit him.
6. the State which proceed to the preliminary investigation referred to in paragraph 1 of this article shall communicate its results to the States or organisations referred to in paragraph 2 of this article without delay and shall indicate whether it intends to exercise jurisdiction.

ARTICLE 7.

The State party that will enter into a criminal action against the alleged offender shall communicate, in accordance with its laws, the final result of that action to the Secretary-General of the United Nations, who shall transmit the information to the other States concerned and relevant international intergovernmental organizations.

ARTICLE 8.

1. the State party in whose territory it is found the alleged offender, if it does not grant extradition, shall be obliged to submit the case to the competent authorities for the purpose of prosecution, without exception and regardless of that crime has been or not committed in their territory, according to the procedure laid down in the legislation of that State. These authorities shall take their decision under the same conditions as those applicable to ordinary crimes of a serious nature under the law of such State.
2. any person which will engage in a procedure in relation to any of the offences set forth in article 1 shall guarantees fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided for in the law of the State in whose territory is situated.

ARTICLE 9.

1 you will not enter the request for the extradition of an alleged offender in accordance with this Convention, if the State party to which the application is submitted has grounds to believe: to) that the request for extradition for an offence mentioned in article 1 has been done in order to prosecute or punish a person because of his race religion, nationality, ethnic origin or political opinion; (((or b) that that person's position may be injured: i) by any of the grounds referred to in subsection to) of this paragraph, or ii) because the competent authorities of the State which is entitled to exercise rights of protection cannot communicate with it.
2. with respect to the offences defined in this Convention, the provisions of all treaties and extradition agreements applicable between States parties are modified in which affect States parties to the extent that they are incompatible with this Convention.

ARTICLE 10.

1. the offences set forth in article 1 will be considered included among the crimes which are extraditable in any extradition treaty concluded between States parties. States parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them in the future.
2. If a State party which makes extradition conditional on the existence of a treaty receives from another State party with which it has no treaty, an extradition request, may at its discretion consider this Convention as the necessary legal basis for extradition with respect to the offences set forth in article 1. Extradition shall be subject to the other conditions provided by the law of the State to which the request has become.
3. States parties which do not make extradition conditional on the existence of a treaty shall recognize the offences set forth in article 1 as extraditable offences between them, subject to the conditions provided by the law of the State to which the request has become.
4. for the purposes of extradition between States parties, it shall be deemed that the offences set forth in article 1 have been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with paragraph 1 of article 5.

ARTICLE 11.

1. States parties shall assist the greater possible in relation to all criminal proceedings for crimes provided in article 1, including the provision of all the necessary tests for the process in his possession.
2. the provisions of paragraph 1 of this article shall not affect the obligations of mutual judicial assistance stipulated in any other treaty.

ARTICLE 12.


Always that the Geneva Conventions of 1949 relating to the protection of victims of war or the additional protocols to those conventions are applicable to a particular Act of hostage-taking and that States parties to the present Convention are obliged under those conventions to process or deliver the author of hostage-taking the present Convention shall not apply to an act of hostage-taking committed during armed conflicts as defined in the Geneva Conventions of 1949 and the protocols thereto, in particular armed conflicts referred to in paragraph 4 of article 1 of the additional Protocol I of 1977, in which peoples are fighting against colonial domination and foreign occupation and against racist regimes in the exercise of their right to self-determination enshrined in the Charter of the United Nations and in the Declaration on principles of international law concerning friendly relations and cooperation among States in accordance with the Charter of the United Nations.

ARTICLE 13.

This Convention shall not apply in the event that the offence was committed within a single State, the hostage and the alleged offender are nationals of that State and the alleged offender is found in the territory of that State.

ARTICLE 14.

None of the provisions of this Convention shall be construed so as to justify the violation of the territorial integrity or political independence of a State in contravention of the provisions of the Charter of the United Nations.

ARTICLE 15.

The provisions of this Convention shall not affect the application of the treaties on asylum, in force at the date of the adoption of this Convention, with regard to States that are parties to those treaties; However, a State party to this Convention may not invoke those treaties with respect to another State party to this Convention which is not a party to those treaties.

ARTICLE 16.

1. any dispute which may arise between two or more States parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall be submitted to arbitration at the request of one of them. If within six months from the date of filing of the request for arbitration the parties fail to agree on the form of the same, either party may refer the dispute to the International Court of Justice, by means of a request in accordance with the Statute of the Court.
2. any State, at the time of signature or ratification of this Convention or accession thereto, may declare that it is not bound by paragraph 1 of this article. The other States parties shall not be bound by the provisions of paragraph 1 of this article with respect to any State party which has made such a reservation.
3. any State party which has made the reservation provided for in paragraph 2 of this article may withdraw at any time by notification to the Secretary-General of the United Nations.

ARTICLE 17.

1. the present Convention is open for signature by all States until 31 December 1980, at the UN headquarters in New York.
2. the present Convention is subject to ratification. The instruments of ratification be an deposited with the Secretary General of the UN.
3. the present Convention is open to accession by any State. The instruments of accession shall be deposited in the power of the Secretary-General of the United Nations.

ARTICLE 18.

1. the present Convention shall enter into force the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary General of the UN.
2. for each of the States that ratify the Convention or acceding to it after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force the thirtieth day following the date on which that State has deposited its instrument of ratification or accession.

ARTICLE 19.

1. any State party may denounce the present Convention by written notification to the Secretary-General of the United Nations.
2. the denunciation shall take effect one year after the date on which the Secretary-General of the United Nations receives the notification.

ARTICLE 20.

The original of the present Convention, the Arabic, Chinese, Spanish, French, Russian and Spanish texts are equally authentic, shall be deposited in the power of the Secretary-General of the United Nations, who shall send certified copies of it to all States.
IN witness whereof, the undersigned, being duly authorized by their respective Governments, have signed this Convention, opened for signature at New York, on December 18, 1979.
I hereby certify that the foregoing Je certifie that le texte qui precede text is a true copy of the international est une copy as of the Convention against the taking of Convention internationale co etween the hostages, adopted by the General prise d would otages, par adoptee Assembly of the United Nations on l Assemblée générale de 17 December 1979, the original of l Organisation des Nations Unies which is deposited with the Secretary - le 17 décembre 1979??? , dont l original General of the United Nations.           is Trouvé posologique auprès du Secrétaire Général l do Organisation des Nations Unies.
For the Secretary-General: Pour le Secretaire general: The Legal Counsel Le Conseiller juridique illegible signature.
Executive branch of the power public Presidency of the Republic Bogotá, D. C., on March 5, 2002 approved. Subject to consideration of the honorable National Congress for constitutional purposes.
(Fdo). Andrés PASTRANA ARANGO Minister of Foreign Affairs, (signed.) GUILLERMO FERNÁNDEZ DE SOTO.
Decree: Article 1. adopted the International Convention against the taking of hostages, adopted by the General Assembly of the United Nations the seventeen (17) of December in the year one thousand nine hundred and seventy-nine (1979).

Article 2nd. In accordance with the provisions of article 1 of law 7th of 1944, the International Convention against the taking of hostages, adopted by the General Assembly of the United Nations the seventeen (17) of December in the year one thousand nine hundred and seventy-nine (1979), which by article 1 of this law is approved, it will oblige the country from the date in which improve the international link with respect to the same.


Article 3. This law governs the date of its publication.
Given in Bogotá, D. C., to the...
Presented to the honorable Congress of the Republic by the subscribed Vice-Minister of Foreign Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs.
The Deputy Minister of Foreign Affairs, responsible for the functions of the Office of the Minister of Foreign Affairs, CLEMENCIA FORERO UCROS.
EXHIBITION of motives Honourable senators and representatives: on behalf of the national Government and in compliance with articles 150 paragraph 16 and 189 paragraph 2 of the Constitution politics of Colombia, present to the honorable Congress of the Republic for consideration the draft law which approves the International Convention against the taking of hostages, adopted by the General Assembly of the United Nations the seventeen (17) of December in the year one thousand nine hundred and seventy-nine (1979).
This multilateral treaty determines that the taking of hostages, as it is defined in the Treaty, constitutes an act of terrorism and established valuable mechanisms for cooperation among States for the prevention, prosecution and punishment of those who commit it. In this context, it should be recalled that this offence is criminalized in Colombia in the articles 148 (taking of hostages) and 169 (kidnapping for ransom) of the criminal code.
For Colombia, the topic addressed by the Treaty in question has the utmost importance, not only by the determination to act in accordance with international requirements in the fight against terrorism, while maintaining the support and accompaniment of international actions that advance in the fight against terrorism, but by own Colombian issues clearly related to regulated by the Convention.
This Convention is based on recognition of the inalienable rights of the human person to establish the need to advance a joint international action based on the combat of this terrorist practice.
Colombia has not signed this Convention, but intends to accede to it in accordance with the provisions of article 17 of the Convention. In the event that the Treaty obtain Congressional approval and be declared enforceable by the Constitutional Court, the Government shall deposit with the Secretary-General its instrument of accession.
Main issues covered by the Convention the Convention consists of a total of 20 items without title which regulate the following matters: · It defines the crime of hostage-taking for the purposes of the implementation of the Convention. The most important elements of this definition are: i) the criminal act, which consists of a person taking over another and threatens to kill, hurt or keep it stopped; and, ii) the purpose of the Act, which is the force to a third party (a State, an international organization, a person or group of people) to assume certain behaviour, as a condition for the release of the hostage.
(iii) also attempt, complicity and participation constitutes a crime of hostage-taking.
· It obliges States to establish appropriate penalties for the offences defined in the Convention, in accordance with their grave nature.
· It calls on States to cooperate with each other in the adoption of preventive measures to avoid the occurrence of such acts.
· Request States the measures of the case to protect the hostage when the event occurs in their territory.
· Provisions on cooperation and mutual legal assistance, establishment and exercise of cooperation, and clause aut dedere aut judicare, regulating procedures in accordance with Colombian norms and practice.
· The Convention in article 12 contains a safeguard clause with regard to the implementation of the international humanitarian law (IHL), which establishes that if the instruments of international humanitarian law are applicable (i.e., if there is a situation of armed conflict as defined therein) and States parties are bound under those conventions to process or deliver the author of decision r ehenes the provisions thereof are applied preferably. In principle, therefore, IHL is lex specialis in relation to the Convention and, as such, is prevalent application.
· An additional element of importance is that according to article 13 of the Convention, are excluded from its application acts of hostage-taking of purely internal scope, i.e. those that do not have direct international implications. Therefore, only if the alleged offender is found in the territory of a State other than the State in whose territory the Act was committed, or if the perpetrator or the victim are nationals of another State, the Convention is applicable to the Act.
· Article 15 States that the Convention shall apply without prejudice to the treaties on asylum in force at the time of the entry into force of this Convention. This is probably due to the era in which the Treaty was negotiated when the subject of the fight against terrorism was not yet assumed in absolute sense. Today, this provision has been overtaken by new conventions on terrorism, clear consistent with the global requirements.
· Final clauses.
Final considerations in the new international context, emerged after the horrific attacks of September 11, 2001, the international community has proposed fight by all means the phenomenon of terrorism and take all measures necessary to prevent, Suppress and combat acts of terrorism, making sure that the people involved in such acts are prosecuted and brought to the courts of Justice in order that they can be punished for their actions.
In the approach adopted by the international community, it excels in first of all the need to strengthen the international legal framework in the fight against international terrorism, which explains the call that made both the Security Council and the General Assembly of the United Nations to achieve the gradual universalization of treaties that have been held on the subject among which is the 1979 Convention, which today is subject to consideration by the legislative body.
This Treaty seeks to prevent, punish and eliminate the practice of taking hostages that constitutes one of the most serious terrorist practices, giving rise to actions such as the September 11 attacks or as some of those that have occurred in Colombia. This makes it however, recognizing the principle of sovereignty of States, in accordance with the Charter of the United Nations.

It is important to highlight that the Government of Colombia understands that none of the provisions of this Convention affect obligations and conventional powers that the State pursuant to the provisions laid down in the treaties of international humanitarian law, of which Colombia is a part and thus shall inform of the depositary, equally, that various government agencies have agreed to the importance that Colombia is made part of this instrument.
Taking into account the foregoing, the national Government, through the Deputy Minister of Foreign Affairs, responsible for the functions of the Office of the Minister of Foreign Affairs, submits for consideration by the Honourable National Congress the International Convention against the taking of hostages, adopted by the General Assembly of the United Nations the seventeen (17) of December in the year one thousand nine hundred and seventy-nine (1979).
Of the Honorable congressmen, the Deputy Minister of Foreign Affairs, responsible for the functions of the Office of the Minister of Foreign Affairs, CLEMENCIA FORERO UCROS.
LAW 424 (January 13) 1998 which ordered the follow-up to the international agreements signed by Colombia.
THE Congress of COLOMBIA Decree: article 1. The national Government, through the Ministry of Foreign Affairs shall submit annually to the latter commissions of Foreign Affairs of the Senate and house within the first thirty calendar days subsequent to the legislative period that begins each July 20, a report detailed how they are meeting and developing the existing international agreements signed by Colombia with other States.

Article 2nd. Each dependency of the national Government responsible for executing international treaties within their competence and require reciprocity in the same, transfer relevant information to the Ministry of Foreign Affairs, and, the latter commissions.

Article 3. The full text of this law will be incorporated as an annex to each and every one of the international conventions which the Ministry of Foreign Affairs submitted to the Congress for consideration.

Article 4th. This law governed 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.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT PUBLISHED AND EXECUTED.
Given in Santa Fe de Bogotá, D. C., on January 13, 1998.
ERNESTO SAMPER PIZANO, the Foreign Minister, MARIA EMMA Mejia VELEZ.
Executive branch of the power public Presidency of the Republic Bogotá, D. C., on March 5, 2002 approved.
Subject to consideration of the honorable National Congress for constitutional purposes.
Andrés PASTRANA ARANGO, the Foreign Minister, GUILLERMO FERNANDEZ DE SOTO.

Article 2nd. In accordance with the provisions of article 1 of the law 7th of 1944, the "Convention International against the taking of hostages", adopted by the General Assembly of the United Nations the seventeen (17) of December in the year one thousand nine hundred and seventy-nine (1979), by article 1 of this law is approved, it will oblige the country from the date in which the i nternational with respect to the same link is perfect.

Article 3. This law governs the date of its publication.
The President of the honorable Senate of the Republic, LUIS ALFREDO RAMOS BOTERO.
The Secretary General of the honorable Senate of the Republic, EMILIO RAMON OTERO DAJUD.
The President of the honorable House of representatives WILLIAM VELEZ MESA.
The Secretary General of the honorable House of representatives, ANGELINO LIZCANO RIVERA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT COMMUNICATE AND MET.
Run, upon review of the Constitutional Court, in accordance with article 241-10 of the political Constitution.
Given in Arauca, on July 16, 2003.
ÁLVARO URIBE VÉLEZ the Minister of the Interior and justice, FERNANDO LONDOÑO HOYOS.
The Minister of Foreign Affairs, CAROLINA BARCO ISACKSON.

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