Bill 67.

Summary.

Article 1 proposes approving the extradition treaty between the Government of the Republic of Panama and the Government of the French Republic in its entirety. The treaty was signed in Panama on July 11, 2023. The Parties would undertake to surrender persons sought for criminal proceedings or to serve a custodial sentence or security measure. Requests would be made through diplomatic channels. For provisional detention, the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores) for Panama and the Ministry of Justice (Ministère de la Justice) for France would act as Central Authorities. Extradition would be available for conduct punishable in both States by at least 2 years of imprisonment or a more severe penalty. To serve the remainder of a sentence, at least 6 months would have to remain. The treaty covers tax, customs, and foreign exchange offenses.

Extradition would be refused, among other circumstances, for political offenses as defined in the treaty, discriminatory prosecution, expiration of the limitation period, exclusively military offenses, trial before an exceptional tribunal, or certain prior final decisions in the requested State. It could be refused on grounds relating to the requested State's jurisdiction or proceedings, decisions of a third State, or exceptionally serious humanitarian consequences. Death sentences or other penalties contrary to the requested State's public policy would require sufficient assurances that they would neither be sought nor carried out. Neither State would surrender its own nationals. At the other State's request, the case could be referred to the competent authorities for prosecution.

The requested State's law would govern detention, extradition, and transit procedures unless the treaty provided otherwise. A written request would include the facts, applicable legal provisions, identity information, and, as applicable, the arrest warrant or final conviction. The requested State would seek correction of omissions or supplementary information within 30 days. Documents would require translation into the requested State's official language and authentication, without further legalization. A refusal would have to state its reasons. If surrender were approved, the Parties would agree on its date and place. The requesting State would have 30 days to take custody of the person, subject to provisions for force majeure.

The treaty would permit surrender to be postponed because of another proceeding or sentence, or on health grounds, and would allow temporary surrender on agreed conditions. It would govern the transfer of property connected with the offense and third-party rights in that property. The rule of specialty would limit prosecution for offenses committed before surrender. Further extradition to a third State would generally require the consent of the State that surrendered the person. In urgent cases, provisional detention could be requested; it would end if the formal request and supporting documents were not received within 60 days. The treaty also provides for notification of the outcome of proceedings, simplified extradition with free and informed consent, transit, and the resolution of competing requests.

Transferred personal data would be subject to limits on use, security measures, and an effective legal remedy for exercising rights concerning the data. The treaty would allocate costs, preserve rights and obligations under other treaties, and provide for disputes to be addressed through diplomatic consultations. It would apply to requests made after its entry into force, including those concerning earlier conduct. It would enter into force following notifications that internal procedures had been completed and would allow agreed amendments and termination by diplomatic notice. Article 2 provides that the proposed law would take effect upon its promulgation. Given its subject matter, the proposal concerns the Ministry of Foreign Affairs, the Ministry of Justice, and the prosecuting and judicial authorities of both States, as well as sought persons, their defense counsel, and those involved in extradition and transit proceedings.