Constitución en Inglés
346 constituteproject.org Colombia 2021 Sentences Section of the Tribunal for Peace will evaluate the alleged act to determine the precise date it was committed and to decide the proper procedure. In the event that the act occurred prior to the signing of the Final Accord or when the request for extradition concerns an act closely linked to the process of laying down arms and took place before this process was concluded, the Revision of Sentences Section will remit the report to be heard before the Chamber of Recognition, permanently excluding the possibility of extradition. However, if the act’s execution began after the signing of the Final Accord and is not closely linked to the process of laying down arms, the Revision of Sentences Section will remit the report to the competent judicial authority to be investigated and tried in Colombia, without excluding the possibility of extradition. Solely where acts committed prior to the signing of the Final Accord are concerned, when there is an extradition request regarding family members within the second decree of consanguinity or first degree of affinity of members of the FARC-EP or of a person accused or specified in an extradition request of being a member of the aforesaid organization, the allegation can be submitted to the Revision of Sentences Section of the Court of Peace, which will decide if the request concerns facts or acts related to membership or accusation of membership in the FARC-EP of the family member specified in the extradition request. If on hearing the extradition request the Revision of Sentences Section finds that it specifies acts or accuses the defendant of acts that never before have been an object of extradition requests and do not fulfill the conditions for extradition, it can deny the extradition request and, in this case, decide whether the act falls under the competence of the SIVJRNR or whether it should be investigated or judged by Colombian ordinary criminal jurisdiction.
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