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Establishing measures to restore public order
THE PRESIDENT OF THE REPUBLIC OF COLOMBIA,
in exercise of the powers conferred upon him by article 121 of
the Political Constitution and pursuant to Decree No. 1038 OF
1984;
WHEREAS:
Decree No. 1038 of 1984,[ 1 ] / which declared public order to be
disrupted and martial law established throughout the territory of
the Republic, referred to the "persistent drug-trafficking
activities of antisocial groups that are seriously disturbing the
normal functioning of institutions, in criminal contempt for
Colombian society, with consequences for the safety of its
citizens, public peace and health and the national economy",
activities and disturbances that are still continuing;
Since, by its very nature, drug trafficking is a criminal
activity of international dimensions and effects, in order
effectively to combat it there is a need for joint action by the
authorities of those countries that are afflicted by this terrible
scourge, through the use of the legal device of extradition
In its ruling of 17 February 1987, the Criminal Cassation
Chamber of the Supreme Court of Justice stated that, in the
country's legal tradition, the adoption of administrative
procedures in matters of extradition had predominated, and for that
reason "the involvement of any other branch of the authorities
serves no useful purpose", a position consistently adopted in
recent rulings pronounced by the aforesaid Criminal Cassation
Chamber;
The crime of drug trafficking has assumed new and increasingly
dangerous forms that threaten the core of society and jeopardize
the institutional stability of the country, thus calling for
special, expeditious and effective legislation to halt its harmful
activities and its disastrous consequences for public order;
The legal instruments currently in force do not respond
adequately to the need to combat the expansion that this crime has
undergone on an international scale;
HEREBY DECREES:
While public order continues to be disrupted and the national
territory remains under martial law, the effects of article 17,
subsection 2, of the Penal Code shall be suspended in all matters
concerned with drug-trafficking and related offences. Consequently,
for the purposes of extradition of Colombian nationals or
foreigners sought in connection with those offences, the procedure
provided for in the Code of Criminal Procedure may be applied,
subject to the amendments laid down in this Decree.
The granting of extradition of Colombian nationals or foreigners
in connection with drug-trafficking and related offences shall not
require any prior pronouncement by the Penal Chamber of the Supreme
Court of Justice.
Detained or arrested persons liable to extradition under the
terms of this Decree shall be held at the disposal of the Ministry
of Justice.
The provisions contained herein shall apply to extraditions in
respect of drug-trafficking and related offences for which the
requests are received subsequent to the entry into force of this
Decree.
In the enforceable decision granting extradition, the
Government, comprising the President and the Ministers forming part
of the National Narcotics Control Board, may order that the
extradited person be handed over immediately to the requesting
State even if he was being prosecuted in Colombia for any other
offence prior to receipt of the extradition request.
With regard to convicted offenders, the provisions of article
660 of the Code of Criminal Procedure shall apply.
In the cases referred to in this Decree, any person may be
extradited even if he is being prosecuted in Colombia for the same
crime for which he is being sought, provided that no sentence has
been passed.
Persons whose extradition is sought in connection with
drug-trafficking or related offences shall not be entitled to the
benefit of conditional release or conditional sentencing in respect
of any other legal proceedings being conducted in Columbia.
The granting of extradition shall be subject to the following
restrictions:
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(a) If the drug-trafficking or related offence for which
extradition is being requested is punished by the death penalty
under the laws of the requesting State, extradition shall be
granted only if the requesting State guarantees that it will not
impose such penalty;
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(b) In no circumstances shall the extradition of a Colombian
national be granted if the requesting State does not fully
guarantee that it will not impose a sentence of imprisonment
exceeding thirty (30) years;
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(c) The requesting State shall further guarantee that the
extradited person's human rights will be respected within the
context of his punishment in a non-discriminatory manner in
relation to convicted offenders in his own country;
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(d) Costs incurred for the translation of documents and for the
conveyance of the person sought shall be borne by the requesting
State.
The Government may pronounce the decision referred to in article
659 of the Code of Criminal Procedure even if the person sought has
not been arrested or detained. However, in such event, prior to the
pronouncement of such decision, the Ministry of Justice shall
summon that person to prepare a defence in the manner laid down in
article 378 of the Code of Criminal Procedure.
This Decree shall enter into force on the date of its
publication and shall supersede any provisions contrary
thereto.
TO BE PUBLISHED AND IMPLEMENTED
Bogotá, .18 August 1989
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