Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section C. Extradition of own nationals
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]