The Colombian justice system contains in its rules different types of extradition depending on the circumstances of each case.
This week the authorities of the United States and Colombia formalized the extradition process of César Emilio Peralta (the Abuser), who was arrested on December 2, 2019 after months of being a fugitive from international justice.
The director of Interpol in Colombia, General Fabio López, informed that the process of passive extradition (which will be followed by the Dominican) will begin before the Supreme Court of Justice.
This type of extradition is defined by the Ministry of Foreign Affairs of Colombia as “an international cooperation mechanism in which a State offers, grants or requests the delivery of a syndicated or condemned, national or foreign, to another State, by the alleged commission of a crime in the territory of the requesting State ”.
While the Directorate of International Legal Affairs of the Ministry of International Relations, indicates that the process of passive extradition begins when the embassy of the requesting State, in this case that of the United States, submits a request to the Ministry of Foreign Affairs of Colombia preventive detention, this for extradition purposes.
Then the Ministry of Foreign Affairs will send it to Justice and Law, with the concept of the applicable treaty.
This judicial body proceeds to review the documents delivered and sends them to the Supreme Court of Justice for the corresponding concept, which if accepted by the Ministry of Justice and Law transmits the Executive Resolution to the Ministry of Foreign Affairs and sends it to the requesting State.
When the State that requires the extraditable offers the guarantees, Foreign Relations sends it to the Ministry of Justice and the Law that processes it to the Attorney General’s Office, an entity that delivers the required.
Law 906 of 2004 cites that “within fifteen days following the receipt of the concept of the Supreme Court of Justice, the National Government issues the resolution that decides on extradition. The government may subordinate the offer or grant of extradition to the conditions it deems appropriate. In any case, it must demand that the petitioner is not going to be tried for a previous fact different from the one that motivates the extradition, nor subject to sanctions other than those that would have been imposed in the sentence ”.
While in article 499 it is indicated that when the institutions improve the case file of the accused, Interior and Justice must send it to the Supreme Court of Justice, specifically to the Penalty Chamber where the concept will be issued.
“Once the file has been received by the Court, the requested person or his or her defender will be transferred for a period of ten days to request the evidence they deem necessary… Upon expiration of the term of transfer, the action for the term of ten will be opened for evidence days, plus the distance, within which the requested ones will be practiced and those that, in the opinion of the Supreme Court of Justice, are indispensable to issue a concept ”, is detailed in the judicial documents.
According to the Colombian Foreign Ministry, if the Court decides that it should be extradited, the Executive Power will have to accept or deny the request for extradition. “On the contrary, if a negative concept is issued, the Executive Power must deny the request for extradition.”
– .
