ANGIE DAHIANNA GUERRERO HENAO DERECHO 601

FEDERAL CONSTITUTION OF THE SWISS CONFEDERATION OF

18 APRIL 1999.
AND
IMPLEMENTING THE PANAMA CANAL TREATY OF 1977 GOOD
PLANNING BUT MANY ISSUES REMAIN.
To begin it is important to specify that we will first make a comparison between Federal
Constitution of the Swiss Confederation of 18 April 1999 and Implementing the Panama
Canal Treaty of 1977 good planning but many issues remain. Then we will compare with
some principles of the General Code of the Colombian Process.
IMPLEMENTING THE PANAMA CANAL TREATY OF 1977 GOOD PLANNING BUT
MANY ISSUES REMAIN: talks about that there is considerable question as to whether
procedural guarantees are assured under Panamanian Law. Panama drafted legislation
intended to provide these treaty-specifued procedural guarantees to all persons in Panama.
Analysis of the proposed legislation by commission, southern command, and Embasy
Attorneys.
FEDERAL CONSTITUTION OF THE SWISS CONFEDERATION OF 18 APRIL 1999:
This treaty talks about the procedural guarantees stipulated in the regulations of the Swiss
Federal Constitution, the European and international human rights treaties and other
documents of international law. We found several articles stipulating procedural guarantees
such as article 29a Guarantee of access to the courts and article 30 Legal proceedings.

COMPARISON WITH THE GENERAL CODE OF THE COLOMBIAN PROCESS

Article 2. Access to justice. Every person or group of people has the right to effective
jurisdictional protection for the exercise of their rights and the defense of their interests,
subject to due process of reasonable duration. The procedural terms are they will observe
diligently and their unjustified violation will be sanctioned.
Article 29a (Guarantee of access to the courts): in a legal dispute, everyone has the right to
have their case heard by a judicial authority. The Confederation and the Cantons can
determine the modifications to this rule.
These two articles, the 29a of the Federal Constitution of the Swiss Confederation of April
18, 1999 and article 2 of the General Code of the Colombian Process, access to justice
stipulating that everyone has the right to their case be taken from the best possible way.
 ANGIE DAHIANNA GUERRERO HENAO DERECHO 601

Article 6 (Right to a fair trial): (1) In the determination of his civil rights and obligations or
of any criminal charge against him, everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal established by law. Judgment
shall be pronounced publicly but the press and public may be excluded from all or part of
the trial in the interests of morals, public order or national security in a democratic society,
where the interests of juveniles or the protection of the private life of the parties so require,
or to the extent strictly necessary in the opinion of the court in special circumstances where
publicity would prejudice the interests of justice.(2) Everyone charged with a criminal
offence shall be presumed innocent until proven guilty according to law.(3) Everyone
charged with a criminal offence has the following minimum rights:(a) to be informed
promptly, in a language which he understands and in detail, of the nature and cause of the
accusation against him;(b) to have adequate time and facilities for the preparation of his
defense;(c) to defend himself in person or through legal assistance of his own choosing or,
if he has not sufficient means to pay for legal assistance, to be given it free when the
interests of justice so require;(d) to examine or have examined witnesses against him and to
obtain the attendance and examination of witnesses on his behalf under the same conditions
as witnesses against him;(e) to have the free assistance of an interpreter if he cannot
understand or speak the language used in court.
Article 7. Legality. The judges, in their providences, are subject to the rule of law. They
must also take into account fairness, custom, jurisprudence and doctrine. When the judge
departs from the probable doctrine, he will be obliged to state clearly and reasonably the
legal grounds that justify your decision. In the same way will proceed when you change
your mind regarding your decisions in similar cases. The process must be carried out in the
manner established by law.
These two articles 6 of the Federal Constitution of the Swiss Confederation of April 18,
1999 and 7 of the General Code of the Colombian Process have a certain relationship since
the whole process in both must guarantee under the principle of legality.