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COLOMBIA - DECREE NUMBER 2764 OF 2002 (November 26) promulgating the “Rome Statute of the International Criminal Court”
The President of the Republic of Colombia, by virtue of the powers granted to him under Article 189-2 of the Constitution of Colombia, and pursuant to Law 7 of 1944, and
CONSIDERING,
That, on depositing the ratification instrument, the Government of the Republic of Colombia made the following statements:
4. Given that the scope of the Rome Statute is confined exclusively to the exercise of complementary jurisdiction by the International Criminal Court and national authorities’ cooperation with the Court, Colombia asserts that none of the provisions of the Rome Statute modify domestic law as applied by Colombian judicial authorities exercising its exclusive jurisdiction on the territory of the Republic of Colombia.
COLOMBIA - DECREE NUMBER 2764 OF 2002 (November 26) promulgating the “Rome Statute of the International Criminal Court”
The President of the Republic of Colombia, by virtue of the powers granted to him under Article 189-2 of the Constitution of Colombia, and pursuant to Law 7 of 1944, and
CONSIDERING,
That, on depositing the ratification instrument, the Government of the Republic of Colombia made the following statements:
4. Given that the scope of the Rome Statute is confined exclusively to the exercise of complementary jurisdiction by the International Criminal Court and national authorities’ cooperation with the Court, Colombia asserts that none of the provisions of the Rome Statute modify domestic law as applied by Colombian judicial authorities exercising its exclusive jurisdiction on the territory of the Republic of Colombia.
Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
Article 99
Execution of requests under articles 93 and 96
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.
Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.