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OEA/Ser.G
PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES
GE/REMJA/doc.33/99
27 August 1999
Original: SpanishSpecial Group to Implement the Recommendations of the Meetings of Ministers of Justice or of Ministers or Attorneys General of the Americas
REQUIREMENTS FOR EXTRADITION
(Presented pursuant to the recommendations of the Second Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas)
Colombia
PERMANENT MISSION OF COLOMBIA TO THE ORGANIZATION OF AMERICAN STATES
1609 22ND Street, N.W.
Washington, D.C. 20008No. 1007
August 24, 1999
Dear Mr. Lagos:
I have the honor to address you in your capacity as Assistant Secretary for Legal Affairs and to transmit to you the information on the requirements for extradition, as envisaged in the document on conclusions and recommendations of the Second Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas, held this past March.
With respect to the standard application form for intergovernmental requests for mutual legal assistance, it should be noted that the Ministry of Justice, in agreement with all the authorities involved in the use of that form, is preparing a prototype that will be sent in due course to the Secretariat.
Accept, Excellency, the renewed assurances of my highest consideration.
Luis Alfredo Ramos Botero
Ambassador, Permanent RepresentativeTHE PROCEDURE FOR EXTRADITION
PASSIVE EXTRADITION
The National Government, through its Ministry of Justice, is responsible for granting, or proposing, extradition of citizens. The term "passive extradition" is used when the request for extradition is submitted by a foreign country.
Passive extradition is subject to a mixed form of control, because, although the government’s decision is discretionary, for an extradition to be authorized the Supreme Court of Justice must first rule in favor. If that body rules against extradition, the National Government must deny it.
The request for extradition or provisional detention for purposes of extradition is presented to the Ministry of Foreign Relations, which then refers it to the Department of Legal Affairs of this Ministry. It also forwards a copy of the request to the Office of the Attorney General for a decision to be taken on the legality of the arrest.
When the requested citizen is arrested, the requesting country has 60 days to submit all the documents required to substantiate the request for extradition. On the basis of these documents, the Ministry of Foreign Relations considers the applicable law, and indicates whether the matter should proceed under international conventions or practices or, alternatively, under the Code of Criminal Procedure.
The Department of Legal Affairs of the Ministry of Justice reviews the file to verify full compliance under Article 551 of the Code of Criminal Procedure. It then refers the case to the Criminal Division of the Supreme Court of Justice for that body to issue the pertinent ruling.
Within 10 days of receiving the file with the relevant judgment of the Supreme Court of Justice, the Department of Legal Affairs of the Ministry of Justice drafts its decision on the request. It may only be denied for reasons of national interest stated in the administrative act to be signed by the President and all the ministers.
Once the Department of Legal Affairs has received the extradition file, it then proceeds to have the administrative act served upon the party concerned or to the party’s recognized legal representative in this matter.
If an appeal for reversal of the administrative act is filed, the Department of Legal Affairs drafts a decision, which is processed in the same way as the initial decision.
Once that administrative act is executed, the Department of Legal Affairs of the Ministry of Justice communicates the decision to the Office of the Attorney General of the Nation, so that, if extradition is granted, that Office may proceed to hand over the citizen, or, otherwise, order the release of the detainee. The Department of Legal Affairs also notifies the Ministry of Foreign Relations, so that it may in turn inform the requesting country of the decision.
ACTIVE EXTRADITION
The judicial authority requesting extradition sends the documents to the Ministry of Justice for verification that all legal requirements have been met and for subsequent transmission to the Ministry of Foreign Relations, which will make the diplomatic arrangements required for obtaining the foreign government’s consent to the extradition.
In such cases, the Department of Legal Affairs carefully reviews the request and only if all requirements under Articles 546 et seq. of the Code of Criminal Procedure are met, does it send the documents to the Ministry of Foreign Relations. Otherwise, it remands the file to the judicial authority (prosecutor or judge) for it to be completed, specifying what new evidence needs to be presented.
DOCUMENTARY AND OTHER REQUIREMENTS OF THE PROCEDURE
PASSIVE EXTRADITION
The requirements are those established in official treaties, or, alternatively, Article 551 of the Code of Criminal Procedure and other concordant laws:
- That the requested person be already indicted or similarly charged or convicted;
- That the act leading to the extradition also be defined as an offense in Colombia and be punishable by imprisonment for a term of no less than 4 years;
- That documents furnished be duly certified and translated, as necessary;
- Presentation of a certified copy or transcript of the conviction, indictment, or similar document;
- Specification of the acts underlying the request for extradition and of where and when those acts were committed;
- Presentation of all available information for accurate identification of the requested person; and
- Presentation of a certified copy of the applicable criminal law;
ACTIVE EXTRADITION
- That the Colombian authorities have ruled on the legal situation of the person whose extradition is requested, ordering that he or she be remanded in custody, issuing a definitive indictment, or convicting that person for an offense punishable by no less than two (2) years’ imprisonment.
- The other documents required for passive extradition.
