Colombia responds to the controversial Ecuadorian proposal to release 1,500 Colombian prisoners on the border.
In the midst of the current public order and security crisis that Ecuador is going through, the Colombian government announced its full willingness to activate a prisoner repatriation treaty, arguing that it would be an act “in support of democracy in that country.”
The ministries of Justice and Foreign Affairs of Colombia issued a joint statement this Thursday, confirming the country’s willingness to begin the process of repatriation of Colombian citizens deprived of liberty in Ecuador. This statement comes after the statements of the Ecuadorian president, Daniel Noboa, about the possible release of some 1,500 Colombian prisoners in the border area.
In that sense, the Ministries of Justice and Foreign Affairs announced, in a joint statement this Thursday, that Colombia is ready to activate the repatriation process for Colombian citizens deprived of liberty in the Ecuadorian country.
The statement by Gustavo Petro’s government arose after the controversy that arose over the statements of the Ecuadorian president, Daniel Noboa, about the possible release of some 1,500 Colombian prisoners in the border area.
“We sent them (to Colombia) 1,500 prisoners that we have kept in Ecuadorian prisons. They already have sentences of 5 years or more enforced and, according to the law, we can take them out and leave them at the border, and thank you very much, stay there,” said the Ecuadorian president.
Meanwhile, the government stated: “The requests are studied on a case-by-case basis, taking into account that the criteria for carrying out a transfer for repatriation of convicted persons are: 1 that the person has served at least fifty percent (50%) of the sentence; 2. that a serious, progressive and irreversible state of health occurs due to the illness of the person sentenced abroad; or, disability situation with serious or complete physical or mental deficiency.”
Likewise, the Petro government clarified that the eventual expulsion of Colombians announced by Noboa, which would go against the figure of repatriation, would represent a unilateral decision of the Ecuadorian State that would render null and void the judicial decisions of its justice bodies in Colombia.
Pronouncement
1. In the context of the situation that the Republic of Ecuador is currently going through, and given the statements in which it has been implied that there may be a shipment of around 1,500 compatriots deprived of liberty in said country, the Ministry of Justice and of Law and the Ministry of Foreign Affairs, express the following:
2. The repatriation of nationals between the Republic of Colombia and the Republic of Ecuador is governed by the Convention on the Transit of Persons, Vehicles, River and Maritime Vessels and Aircraft of April 18, 1990.
3. According to this International Convention, the repatriation of fellow nationals is an individual process – not a mass one – that responds to objective criteria – not to the simple will of the State parties – and which must have the consent of the person deprived of liberty. in accordance with a request submitted in writing by the interested party or his legal representative or, by the country of nationality of the sentenced person, prior consent of the person who is going to be transferred.
4. Requests are studied on a case-by-case basis, taking into account that the criteria for carrying out a transfer for repatriation of convicted persons are: (i) that the person has served at least fifty percent (50%) of the sentence; (ii) that a serious, progressive and irreversible state of health occurs due to the illness of the person sentenced abroad; or, a situation of disability with serious or complete physical or mental deficiency, with severe or maximum total dependence on the convicted person; or, that the person deprived of liberty is sixty-five (65) years old or older; or due to a serious, progressive and irreversible state of health due to illness of the parents, children and/or spouse or permanent partner of the convicted person.
5. The Ministry of Justice and Law affirms its complete willingness to activate the repatriation process under the parameters established in the Convention on the Transit of Persons, Vehicles, River and Maritime Vessels and Aircraft, signed by the Colombian and Ecuadorian State in Esmeraldas – Ecuador on April 18, 1990.
6. The eventual expulsion of compatriots announced in the media by the President of the Republic of Ecuador, other than the figure of repatriation, would constitute a unilateral decision of the Ecuadorian State that would render null and void the judicial decisions of its justice bodies in Colombia.
7. The Government of Colombia trusts that the Republic of Ecuador will take measures to preserve the human rights of persons deprived of liberty in its territory, without prejudice to the repatriation procedures that may apply.
8. By reaffirming the close ties of friendship and cooperation that exist between the Republic of Colombia and the Republic of Ecuador, the Ministry of Foreign Affairs expresses its complete willingness to activate the channels required for this purpose. The Government of Colombia expresses its solidarity with the Ecuadorian people and their institutions.