Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
In 2006, in the Constitutional Case No. C-370/06, the Plenary Chamber of Colombia’s Constitutional Court stated:
The human rights and international humanitarian law treaties do not specifically recognize the rights to peace, truth, justice and reparation. But they do refer to … States’ obligation to cooperate in the prevention and punishment of international crimes and serious violations of human rights.
In 2007, in the Constitutional Case C-095/07
, the Criminal Chamber of Colombia’s Constitutional Court stated that “various treaties on human rights and international humanitarian law mention … the obligation of States to cooperate in the prevention and punishment of international crimes and serious violations of human rights, and in restoring victims’ rights.”
(footnote in original omitted)
Colombia’s Criminal Procedure Code (2004) states: “Extradition may be requested, conceded or offered in accordance with the public treaties and, failing this, with the law.”
Colombia’s Criminal Procedure Code (2004) states:
Extradition may be requested, conceded or offered in accordance with the public treaties and, failing this, with the law.
Moreover, the extradition of Colombians who are nationals by birth must be conceded for crimes committed abroad and considered as crimes under Colombian criminal legislation.
The extradition of Colombians who are nationals by birth must not proceed for acts committed before 17 December 1997.
The Code also states:
Conditions for offering or conceding [extradition]. The government may make the offer of or grant extradition subject to conditions which it considers opportune. In any case it must require that the person requested to be extradited will not be tried for a crime different from the one for which extradition was sought and will not be submitted to sanctions that differ from those imposed on him or her by the sentence.
If under the legislation of the state requesting the extradition, the crime which prompts the extradition is punished with the death penalty, the person sought may only be handed over under the condition that the death sentence be commuted and under the condition that the person to be extradited will not be subjected to enforced disappearance, torture, cruel, inhuman or degrading treatment or punishment, nor to forced exile, indefinite imprisonment or confiscation.
[emphasis in original]
Colombia’s Penal Code (2000) provides: “Extradition proceedings will not be taken with regard to political offences.”
Colombia’s Criminal Procedure Code (2004) states: “Extradition must not proceed for political crimes.”
In 1997, during plenary discussions in the UN General Assembly on a report of the International Criminal Tribunal for the former Yugoslavia (ICTY), Colombia stated: “We encourage the international community to cooperate more actively with the [ICTY] so that it can accomplish its task of bringing to justice those who committed atrocities during the war in the former Yugoslavia.”