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Supplementing Legislative Decree No. 1860 of 1989 concerning
measures to restore public order
THE PRESIDENT OF THE REPUBLIC OF COLOMBIA,
in exercise of the powers conferred upon him by article 121 of
the Political Constitution and pursuant to Decree No. 1038 of
1984;
WHEREAS:
Under Decree No. 1038 of 1984,[ 1 ] / public order was declared to be
disrupted and martial law established throughout the national
territory;
One of the reasons why public order was declared to be disrupted
and martial law established throughout the territory of the
Republic was the "persistent drug-trafficking activities of
antisocial groups that are seriously disturbing the normal
functioning of institutions, in criminal contempt for Colombian
society, with consequences for the safety of its citizens, public
peace and health and the national economy", activities and
disturbances that are still continuing;
Since, by its very nature, drug trafficking is a criminal
activity of international dimensions and effects, in order
effectively to combat it the national Government had deemed it
essential to enact Legislative Decree No. 1860 of 1989,[ 2 ] / whereby provision
was made for nationals and foreigners sought in connection with
drug-trafficking and related offences to be extradited by means of
administrative proceedings;
It is necessary to supplement the provisions contained in
Legislative Decree No. 1860 of 1989 to ensure the efficient
implementation of the procedure set out therein, with a view to
making it effective, and to ensure that any legal proceedings
arising as a result of administrative decisions taken concerning
extradition are afforded the guarantees and safeguards that are
essential to the administration of prompt and full justice;
HEREBY DECREES:
While public order continues to be disrupted and the entire
national territory remains under martial law, any power of attorney
that persons whose detention pending extradition or whose
extradition has been ordered may grant for the purpose of lodging
an administrative appeal against such measures must, without
exception, be presented in person to the judicial authority that is
to hear and try the administrative suit to be filed.
If the power of attorney cannot be presented personally because
the person granting it is deprived of liberty, then, in that event
only, such formality may be conducted before the director of the
penal institution or before the nearest authority at the place
where the prisoner is detained.
This Decree shall enter into force on the date of its
publication and shall supersede any provisions contrary
thereto.
TO BE PUBLISHED AND IMPLEMENTED
Bogotá, 14 September 1989
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