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840 Law 2003

Original Language Title: LEY 840 de 2003

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840 OF 2003

(October 2)

Official Journal No. 45,329 of 3 October 2003

PUBLIC POWER-LEGISLATIVE BRANCH

By means of which the "Treaty on Mutual Judicial Cooperation between the Government of the Republic of El Salvador and the Government of the Republic of Colombia", signed in Cartagena de Indias, is approved at 10 (10) days of the month of June of a thousand nine hundred and ninety-four (1994).

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Treaty on Mutual Judicial Cooperation between the Government of the Republic of El Salvador and the Government of the Republic of Colombia", signed in Cartagena de Indias, ten (10) days of the month of June of a thousand nine hundred and four (1994), which to the letter says:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

LAW PROJECT 31 OF 2002

By means of which the "Treaty on Mutual Judicial Cooperation between the Government of the Republic of El Salvador and the Government of the Republic of Colombia", signed in Cartagena de Indias, is approved at 10 (10) days of the month of June of a thousand nine hundred and ninety-four (1994).

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Treaty on Mutual Judicial Cooperation between the Government of the Republic of El Salvador and the Government of the Republic of Colombia", signed in Cartagena de Indias, ten (10) days of the month of June of a thousand nine hundred and four (1994), which to the letter says:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

TREATY ON MUTUAL JUDICIAL COOPERATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF EL SALVADOR AND THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA

The Government of the Republic of El Salvador and the Government of the Republic of Colombia;

Encouraged to intensify legal assistance and cooperation in judicial matters;

Taking into consideration the bonds of friendship and cooperation that unite them;

In observance of the constitutional, legal and administrative norms of their States, as well as the principles conducive to international law, in particular the sovereignty, territorial integrity and non-intervention, they agree to lend themselves to the broader cooperation, in accordance with what is described below:

ARTICLE I. OBJECT OF ASSISTANCE.

Parties in accordance with the provisions of this Treaty and with strict compliance with their respective legal systems, undertake to provide legal and judicial assistance in a reciprocal manner.

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ARTICLE II. APPLICATION.

Within the framework of its national legislation, in accordance with International Law and practices in use, the Parties may develop this Treaty through complementary mechanisms and specific legal cooperation and judicial in accordance with the object described in this Treaty.

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ARTICLE III. CENTRAL AUTHORITIES.

Each State shall designate its respective Competent Central Authority in charge of coordinating, developing and executing the various forms of cooperation referred to in Article II of this Treaty.

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ARTICLE IV. INTERPRETING.

Any dispute arising out of the interpretation or application of this Treaty shall be settled between the central authorities designated by each Party.

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ARTICLE V. FINAL PROVISIONS.

The Parties shall jointly and periodically assess the assistance provided in compliance with this Treaty.

The cooperation provided for in this Treaty shall not prevent the Parties from attending in accordance with the provisions of other International Treaties of which they are a Party, or of their domestic law.

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ARTICLE VI. VALIDITY AND TERMINATION.

1. This Treaty shall enter into force from the date on which the exchange of the instruments of ratification takes place.

2. This Treaty shall have an indefinite effect and may be denounced by one of the Parties at any time by means of a Diplomatic Note which shall take effect six (6) months after the date of receipt by the other Contracting Party.

Subscribed in Cartagena de Indias, 10 days of the month of June 1994, in two copies, each in Spanish, both texts being equally valid and authentic.

By the Government of the Republic of El Salvador,

RUBEN ANTONIO MEJIA PENA,

Minister of Justice,

Ad Referendum.

By the Government of the Republic of Colombia,

ANDRES GON ZÁNDÓ DÍAZ,

Minister of Justice and Law,

Ad Referendum.

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:

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ARTICLE 1o. Approve the Treaty on Mutual Judicial Cooperation between the Government of the Republic of El Salvador and the Government of the Republic of Colombia, signed in Cartagena de Indias, at ten (10) days of the month of June of one thousand nine hundred and ninety-four (1994).

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Treaty on Mutual Judicial Cooperation between the Government of the Republic of El Salvador and the Government of the Republic of Colombia, signed in Cartagena de Indias, ten (10) days of the month of June of a thousand nine hundred and ninety-four (1994), which is approved by the first article of this law, will force the country from the date on which the link is perfected. international regarding the same.

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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 and Minister of Justice and Law,

FORERO UCROS LENIENCY,

Deputy Foreign Minister

in charge of the Office of the Foreign Minister's Office.

ROMULO GONZALEZ TRUJILLO,

Minister of Justice and Law.

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 Treaty on Mutual Judicial Cooperation between the Government of the Republic of El Salvador and the Government of the Republic of Colombia is approved, subscribed in Cartagena de Indias, at ten (10) days of the month of June of a thousand nine hundred Ninety-four (1994).

El Comercio] The National Government, aware of the growing interdependence generated by the integration policy that is coming forward and the consequent relations that originate among individuals of different nationalities, considers the importance of having international instruments which become the legal basis for governing such relations, as well as the support needed to punish those persons who in one way or another are against the system of law, President of the justice of our peoples.

With this intention, a series of negotiations began with different countries, mainly from the Latin American region, in order to concretize in an international instrument broad the basis for the future development of programs and projects. specific cooperation in the different areas of law such as the administration of justice in criminal, labour, civil and economic matters.

The general nature of the Treaty that we are considering today is in the interest of creating a global framework in which no form of assistance is excluded that has a judicial character. It is therefore intended to create an entire horizon for States Parties to have the opportunity to provide the widest possible cooperation in all those legal and legal aspects that arise in their relations.

With the proposed treaty, the possibility of developing bilateral technical cooperation programs aimed at strengthening and modernizing the two countries ' administration of justice and generating greater exchange on the experiences that each one has in relation to judicial, investigative and procedural techniques, among other matters.

It is necessary to think that as well as economic, political or financial relations between states, justice must play a primary role and thus advance in parallel with this development in international integration.

This is why it is emphasized that the desire to promote and strengthen accessible, independent, fair, efficient and transparent justice systems is an indispensable condition for the democratic stability and modernization of the States. Through the consultation and subscription of international treaties to this end, a significant step is taken in such an important cause.

Today, judicial cooperation has become a key tool in relations between states. The International Community is already beginning to recognize the need to maintain close links to strengthen judicial systems. Today there is an enabling environment to promote these types of relationships that offer the possibility of achieving a more just and equitable administration of justice, as well as the creation of a common front against impunity.

As the law is an evolving science, the most logical thing is to promote international treaties that allow for better communication between states, a greater exchange of experiences on institutional and legal reforms, as well as a A serious approach so that in a harmonious and coordinated way, further progress can be made in the design of concerted policies in a region that must necessarily be integrated and strengthened to act successfully in the international concert.

In view of the above, the National Gobi, through the Deputy Minister of Foreign Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs and of the Minister of Justice and of Law, submits to of the honorable Congress of the Republic of the Treaty on Mutual Judicial Cooperation between the Government of the Republic of El Salvador and the Government of the Republic of Colombia, signed in Cartagena de Indias, at ten (10) days of the month of June of a thousand nine hundred and ninety-four (1994).

Of the honorable Congressmen,

FORERO UCROS LENIENCY,

Deputy Foreign Minister

in charge of the Office of the Foreign Minister's Office.

ROMULO GONZALEZ TRUJILLO,

Minister of Justice and Law.

1998 Law 424

(January 13)

By which the international conventions signed by Colombia are ordered to follow.

COLOMBIA CONGRESS

DECRETA:

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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. to the legislative period beginning every July 20, a detailed report on how the existing international agreements signed by Colombia with other States are being fulfilled and developed.

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ARTICLE 2o. Each dependency of the National Government charged with implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry Foreign Relations and the latter to the Commissions.

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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.

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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 SQUIRLA 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 Constitutional Effects

(Fdo.) ANDRES PASTRANA ARANGO

The Foreign Minister,

(FDO.) GUILLERMO FERNANDEZ DE SOTO.

DECRETA:

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ARTICLE 1o. Approve the "Treaty on Mutual Judicial Cooperation between the Government of the Republic of El Salvador and the Government of the Republic of Colombia", signed in Cartagena de Indias, at 10 (10) days of the month of June of a thousand nine hundred and ninety-four (1994).

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Treaty on Mutual Judicial Cooperation between the Government of the Republic of El Salvador and the Government of the Republic of Colombia ", signed in Cartagena de Indias, ten (10) days of the month of June of a thousand nine hundred and ninety-four (1994), which by the first article of this law is approved, will force the country from the date on which the link is perfected international regarding the same.

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

The President of the honorable Senate of the Republic,

GERMAN VARGAS LLERAS.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

ALONSO ACOSTA OSIO.

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 Bogotá, D. C., 2 October 2003.

ALVARO URIBE VELEZ

The Foreign Minister,

MARIA CAROLINA BOAT ISAKSON.

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