Key Benefits:
837 OF 2003
(July 16)
Official Journal No. 45,252 of 18 July 2003
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the "International Convention Against the Taking of Rehns" is adopted, adopted by the General Assembly of the United Nations on seventeen (17) December of one thousand nine hundred and seventy-nine (1979).
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "International Convention Against the Taking of Rehrenes", adopted by the General Assembly of the United Nations on 17 December (1979), seventeen (17)
December.DECRETA:
ARTICLE 1o. Approve the "International Convention against the Taking of Rehrenes", adopted by the General Assembly of the United Nations on seventeen (17) December of a thousand nine hundred and seventy-nine (1979).
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
2002 BILL 226 PROJECT
By means of which the International Convention against the Taking of Rehns is adopted, adopted by the General Assembly of the United Nations on seventeen (17) December of a thousand nine hundred and seventy-nine (1979).
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the International Convention against the Taking of Rehrenes, adopted by the General Assembly of the United Nations on seventeen (17) December of a thousand nine hundred and seventy-nine (1979), which to the letter reads:
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
" International Convention against the Taking of Hostages
States Parties to this Convention,
Taking into account the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of relations of friendship and cooperation between States,
Recognizing in particular that every individual has the right to life, to freedom and to the security of the person, as set forth in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights,
reaffirming the principle of equal rights and the free determination of peoples, enshrined in the Charter of the United Nations and in the Declaration on the Principles of International Law concerning the Relations of Friendship and cooperation between States in accordance with the Charter of the United Nations and other relevant resolutions of the General Assembly,
Whereas the taking of hostages is a crime that seriously concerns the international community and that, in accordance with the provisions of this Convention, any person committing such a crime must be put on trial or subject to extradition,
Convinced that there is an urgent need to foster international cooperation among States with a view to developing and adopting effective measures for the prevention, prosecution and punishment of all acts of hostage-taking, manifestations of international terrorism,
Have agreed to the following:
1. Any person who takes over the other (hereinafter referred to as the "hostage") or stops it, and threatens to kill, inherit or maintain it in order to bind a third party, namely a State, an international intergovernmental organization, a natural or legal person or a group of persons, to an action or omission as an explicit or implicit condition for the release of the hostage, commits the offence of taking hostages within the meaning of this convention.
2. Anyone who
a) try to commit a hostage-taking act, or
b) participate as an accomplice of another person who commits or attempts to commit an act of hostage taking also commits a crime within the meaning of this Convention.
Each State Party shall establish, for the offences referred to in Article 1or, appropriate penalties that take into account the serious nature of the offences.
1. The State Party on whose territory the offender holds the hostage shall take all measures it deems appropriate to alleviate the situation of the hostage, in particular to secure his release, and, once he has been released, to to provide, where appropriate, their departure from the country.
2. If any object which the offender has obtained as a result of the taking of hostages is made by a State Party, that State Party shall return it as soon as possible to the hostage or the third party referred to in Article 1or, as appropriate, or its competent authorities.
States Parties shall cooperate in the prevention of the offences referred to in Article 1or in particular:
(a) by taking all feasible measures to prevent the preparation of such offences within their respective territories both within and outside their territories, in particular measures to prohibit the unlawful activities of the persons, groups or organisations who encourage, instigate, organise or commit acts of hostage taking;
b) by exchanging information and coordinating the adoption of administrative and other measures, as appropriate, to prevent such crimes from being committed.
1. Each State Party shall take the necessary measures to establish its jurisdiction over the offences referred to in Article 1or to be committed:
(a) on its territory or on board a ship or aircraft registered in that State;
(b) by its nationals, or by stateless persons habitually resident in its territory, if in the latter case, that State considers it appropriate;
c) in order to force that State into an action or omission; or
(d) in respect of a hostage who is a national of that State, if the latter considers it appropriate.
2. Each State Party shall also take the necessary measures to establish its jurisdiction with respect to the offences referred to in Article 1or in the event that the alleged offender is in his/her jurisdiction. territory and that State does not agree to grant its extradition to any of the States referred to in paragraph 1 of this Article.
3. This Convention does not preclude any criminal jurisdiction exercised in accordance with national law.
1. If it considers that the circumstances justify it, any State Party on whose territory the alleged offender is located shall proceed, in accordance with its legislation, to his arrest or take other measures to ensure his presence for the period that necessary in order to allow the initiation of a criminal or extradition procedure. That State Party shall immediately proceed to a preliminary investigation of the facts.
2. Detention 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 in whose territory the offence was committed;
b) to the State against which the coercion was directed or attempted;
(c) to the State of which the natural or legal person against whom the coercion has been directed or attempted is a national;
(d) to the State of which the hostage is a national or on whose territory he is habitually resident;
e) to the State of which the alleged offender is a national or, if he is stateless, to the State in whose territory he is habitually resident;
f) to the international intergovernmental organization against which the coercion has been directed or attempted;
g) to all other interested States.
3. Any person in respect of which the measures referred to in paragraph 1 of this Article are taken shall be entitled to:
(a) to be without delay in communication with the nearest competent representative of the State of which he is a national or of the State to which, for other reasons, the establishment of that communication is responsible or, in the case of a stateless person, of the State in the territory of which it has its 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 is located, provided, however, that those laws and Regulations allow the purposes to be fully complied with to obey the rights granted pursuant to paragraph 3 of this Article.
5. The provisions of paragraphs 3 and 4 of this Article shall be without prejudice to the right of any State which, in accordance with paragraph 1 (b) of Article 5or may assert its jurisdiction, to invite the International Committee of the Red Cross to contact the alleged offender and visit him.
6. The State which carries out the preliminary investigation provided for in paragraph 1 of this Article shall without delay communicate its results to the States or organizations referred to in paragraph 2 of this Article and shall indicate whether it intends to exercise its jurisdiction.
The State Party in which a criminal action against the alleged offender is entered will communicate, in accordance with its legislation, the final result of that action to the Secretary-General of the United Nations, who will transmit the information to the other interested States and relevant international intergovernmental organisations.
1. The State Party in whose territory the alleged offender is found, if he does not grant his extradition, shall be obliged to refer the case to the competent authorities for the purposes of prosecution, without any exception and regardless of the fact that the offence has been or has not been committed in its territory, in accordance with the procedure laid down in that State's legislation. Those authorities shall take their decision under the same conditions as those applicable to common crimes of a serious nature in accordance with the law of that State.
2. Any person in respect of whom a procedure is found in relation to any of the offences referred to in Article 1or shall enjoy the guarantees of equal treatment at all stages of the procedure, including the enjoyment of all rights and guarantees provided for in the right of the State in whose territory it is located.
1. The request for the extradition of an alleged offender, in accordance with this Convention, shall not be accessed if the State Party to which the application is lodged has reasonable grounds to believe:
(a) that the extradition request for an offence referred to in Article 1or has been made in order to prosecute or punish a person for their race, religion, nationality, ethnic origin or opinion policy; or
b) that the position of that person may be impaired:
i) for any of the reasons mentioned in paragraph (a) of this paragraph, or
(ii) because the competent authorities of the State which is empowered to exercise protection rights 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 amended in so far as they affect the States Parties to the extent that they are incompatible with this Convention.
1. The offences referred to in Article 1or shall be considered to be included among the offences that result in extradition in any extradition treaty concluded between States Parties. The States Parties undertake to include such crimes as extradition cases in any extradition treaty that they will celebrate with each other in the future.
2. If a State Party that subordinates extradition to the existence of a treaty receives from another State Party, with which it has no treaty, an extradition request, it may discretionally consider this Convention as the legal basis necessary for extradition with respect to the offences provided for in Article 1or. Extradition shall be subject to the other conditions required by the right of the State to which the application has been made.
3. States Parties which do not subordinate extradition to the existence of a treaty shall recognise the offences referred to in Article 1or as cases of extradition between them, subject to the conditions required by the right of the State to which the application was made.
4. For the purposes of extradition between States Parties, the offences provided for in Article 1shall be deemed to be or have been committed not only in the place where they occurred but also in the territory of the States. required to establish their jurisdiction in accordance with paragraph 1 of Article 5or.
1. The States Parties shall provide the greatest possible assistance in relation to any criminal proceedings in respect of the offences referred to in Article 1or, even the provision of all the evidence necessary for the process which they work in their power.
2. The provisions of paragraph 1 of this Article shall not affect the mutual judicial assistance obligations laid down in any other treaty.
Whenever the 1949 Geneva Conventions 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 the States Parties to the Convention Convention shall be bound by these conventions to process or deliver to the author of the taking of hostages, this Convention shall not apply to an act of hostage taking committed during armed conflicts as defined in the Conventions of Geneva, 1949 and in its Protocols, in particular the armed conflicts referred to in paragraph 4 of the Article 1or Additional Protocol I of 1977, in which the peoples fight against colonial rule 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 the Principles of International Law concerning the Relations of Friendship and Cooperation between States in accordance with the Charter of the United Nations.
This Convention shall not be applicable in the event that the offence has been 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. Status.
None of the provisions of this Convention shall be interpreted in such a way as to justify the violation of the territorial integrity or political independence of a State, in contravention of the provisions of the Charter of Nations United.
The provisions of this Convention will not affect the application of the asylum treaties, which are in force at the date of the adoption of this Convention, as far as the States that are parties to those treaties are concerned; however, a State Party in this Convention may not invoke such treaties with respect to another State Party to this Convention that is not party to those treaties.
1. Any dispute arising between two or more States Parties in respect of the interpretation or application of this 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 submission of the request for arbitration the parties are unable to agree on the form of the request, either party may submit the dispute to the International Court. of Justice, by means of an application submitted in accordance with the Statute of the Court.
2. Any State, at the time of signature or ratification of this Convention or of its accession to it, may declare that it is not considered bound by paragraph 1 of this Article. The other States Parties shall not be bound by the provisions of paragraph 1 of this Article in respect of any State Party that has made such a reservation.
3. Any State Party which has made the reservation provided for in paragraph 2 of this Article may withdraw it at any time by notification to the Secretary-General of the United Nations.
1. This Convention is open for signature by all States until 31 December 1980 at the United Nations Headquarters in New York.
2. This Convention is subject to ratification. The instruments of ratification shall be held by the Secretary-General of the United Nations.
3. This Convention is open to the accession of any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall enter into force on the 30th day following the date of deposit of the twenty-second instrument of ratification or accession by the Secretary-General of the United Nations.
2. For each of the States ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date on which that State has ratified the Convention. deposited its instrument of ratification or accession.
1. Any State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.
2. The complaint shall take effect one year after the date on which the Secretary-General of the United Nations receives the notification.
The original of this Convention, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, shall be deposited with the Secretary-General of the United Nations, which shall send certified copies of it to all States.
IN TESTIMONY OF WHICH, the undersigned, duly authorized by their respective Governments, have signed this Convention, open for signature in New York, on 18 December 1979.
I hereby certify that the foregoing Je certifié que le texte qui précede
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For the Secretary-General: Pour le Secretaire general:
The Legal Counsel Le Conseiller juridique
Unreadable signature.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., March 5, 2002
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(FDO.) GUILLERMO FERNANDEZ DE SOTO.
DECRETA:
ARTICLE 1o. Approve the International Convention against the Taking of Rehrenes, adopted by the General Assembly of the United Nations on seventeen (17) December of one thousand nine hundred and seventy-nine (1979).
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the International Convention against the Taking of Rehrenes, adopted by the General Assembly of the United Nations on seventeen (17) December of a thousand nine hundred and seventy-nine (1979), which by article 1 of this law is approved, will force the country from the date on which the international bond with respect to it is perfected.
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 undersigned Deputy Minister of Foreign Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs.
The Deputy Foreign Minister, in charge of the functions of the Office of the Foreign Minister,
FORWARD LENIENCY.
REASON EXPOSURE
Honorable Senators and Representatives:
On behalf of the National Government and in compliance with articles 150 numeral 16 and 189 numeral 2 of the Political Constitution of Colombia, We present to the honorable Congress of the Republic the bill through which the International Convention against the Taking of Rehrenes is approved, adopted by the General Assembly of the United Nations the seventeen (17) of December of a thousand nine hundred and seventy-nine (1979).
This multilateral treaty determines that the taking of hostages, as defined in the treaty, constitutes an act of terrorism and establishes valuable mechanisms of cooperation among states for the prevention, prosecution and punishment of the hostages. people who commit it. In this context, it should be remembered that this crime is typified in Colombia in articles 148 (Toma de Rehenes) and 169 (Extortion Kidnapping) of the Penal Code.
For Colombia, the issue addressed by the treaty in question is of the utmost importance, not only for the determination to act in accordance with international requirements in the fight against terrorism, maintaining the support and In addition to the international actions to be carried out in the fight against terrorism, the Colombian problem itself clearly relates to the provisions of the Convention.
This Convention is part of the recognition of the inalienable rights of the human person to establish the need to advance joint international action in the fight against this terrorist practice.
Colombia did not sign this Convention, but it intends to adhere to it in accordance with the provisions of Article 17 of the Convention. In the event that the treaty obtains the approval of the Congress and is declared to be exequable by the Constitutional Court, the Government will proceed to deposit with the Secretary General the respective instrument of accession.
Major aspects regulated by the Convention
The Convention consists of a total of 20 untitled articles which regulate the following subjects:
-Defines the crime of taking hostages for the purposes of implementing the Convention. The most important elements of this definition are:
i) The criminal act, which consists of one person taking over another person and threatening to kill, heritate or keep her detained; and,
ii) The purpose of the act, which is to compel a third party (a state, an international organization, a person or group of persons) to assume certain conduct, as a condition for the release of the hostage.
iii) They also constitute a crime of hostage-taking, the attempt, complicity and participation.
-Forces States to establish appropriate penalties for the crimes defined in the Convention, according to their serious nature.
-Calls on States to cooperate with each other in taking preventive measures to prevent the occurrence of such acts.
-Requests States to take the measures of the case to protect the hostage when the act takes place on its territory.
-Clauses on cooperation and mutual judicial assistance, establishment and exercise of cooperation, and clause aut dédere aut judicare, regulating procedures in accordance with Colombian regulations and practice.
-The Convention contains a safeguard clause in Article 12 with respect to the application of International Humanitarian Law (IHL), by which it is established that if the instruments of the DIH are applicable (that is, if there is a (a) the situation of armed conflict such as those defined in them) and the States Parties are obliged under those conventions to process or deliver to the author of the taking of ehenes, the provisions of such agreements shall be applied in preference. In principle, therefore, the DIH constitutes lex specialis in relation to the Convention and, as such, is of prevalent application.
-An additional element of importance is that according to Article 13 of the Convention, acts of hostage-taking of a purely internal nature are excluded from their application, i.e. those that do not have direct international repercussions. Therefore, only if the alleged offender is in the territory of a State other than the State in whose territory the act was committed, or if the victim or perpetrator are nationals of another State, the Convention is applicable to the act.
-Article 15 states that the Convention shall apply without prejudice to the asylum treaties in force at the time of the entry into force of this Convention. This is certainly due to the time when the treaty was negotiated, when the issue of the fight against terrorism was not yet assumed in the absolute sense. Today, this provision has been overtaken by new Conventions on terrorism, in clear consonance with global demands in the field.
-Final clauses.
Final Considerations
In the new international context, which emerged after the horrific attacks of 11 September 2001, the international community has proposed to combat the phenomenon of terrorism by all means and take all necessary measures. to prevent, repress and combat terrorist acts, making sure that people involved in acts of this nature are prosecuted and brought before the courts, so that they can be punished for their actions.
In the approach adopted by the international community, the need to strengthen the existing international legal framework for the fight against international terrorism, which explains the call that they have made, stands out in the first place. The Council and the General Assembly of the United Nations have carried out the progressive universalisation of the treaties which have been concluded on the subject, including the 1979 Convention, which is now being held in the United Nations. submits to the consideration of the legislative body.
This treaty seeks to prevent, sanction and eliminate the practice of hostage-taking that constitutes one of the most serious terrorist practices, leading to actions such as the September 11 attacks or some of those that have occurred in the past. Colombia. This does, however, in recognition of the principle of the sovereignty of the States, in accordance with the Charter of the United Nations.
It is important to note that the Government of Colombia understands that none of the provisions of this Convention affect the obligations and conventional powers that the State has under the provisions set out in the Law Treaties. International Humanitarian, of which Colombia is a Party, and will also make it known to the Depositary, likewise, that several entities in the State have agreed on the importance of Colombia being part of this instrument.
Given the above, the National Government, through the Deputy Foreign Minister, in charge of the functions of the Office of the Minister of Foreign Affairs, submits to the honorable Congress of the Republic the International Convention against the Taking of Rehrenes, adopted by the General Assembly of the United Nations on seventeen (17) December of one thousand nine hundred and seventy-nine (1979).
Of the honorable Congressmen,
The Deputy Foreign Minister, in charge of the functions of the Office of the Foreign Minister,
FORWARD LENIENCY.
1998 Law 424
(January 13)
By which the international conventions signed by Colombia are ordered to follow.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. The National Government through the Foreign Ministry will submit annually to the Foreign Relations Committees of the Senate and the House and within the first thirty days of the subsequent calendar days. the legislative period beginning every July 20, 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 Foreign and East Relations, to the Commissions Seconds.
ARTICLE 3o. The full text of this law shall be incorporated as an annex to any and all international conventions that the Ministry of Foreign Affairs presents to the Congress.
ARTICLE 4. This law governs from its enactment.
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., March 5, 2002
Approved.
Submit to the consideration of the honorable National Congress for the constitutional effects.
ANDRES PASTRANA ARANGO
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "International Convention against the Taking of Rehrenes", adopted by the General Assembly of the United Nations on 17 May. (17) December of a thousand nine hundred and seventy-nine (1979), which is hereby approved by Article 1 of this Law, shall be binding on the country from the date on which the national bond is perfected.
ARTICLE 3o. This law governs from 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 LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY.
Execute, upon revision of the Constitutional Court, in accordance with Article 241-10 of the Political Constitution.
Dada en Arauca, 16 July 2003.
ALVARO URIBE VELEZ
The Minister of the Interior and Justice,
FERNANDO LONDOÑO HOYOS.
The Foreign Minister,
CAROLINA BOAT ISACKSON.
