COOPERATION ON EXTRADITION ARTICLES: 3 6 7 8 9 UNCAT enables and facilitates cooperation among States on extradition of those suspected of or responsible for offences of torture by establishing a scheme of cooperation. No State aims to be a safe haven for alleged perpetrators of torture. The Convention requires that Torture be included as – or deemed to be – an extraditable offence in any extradition treaty (Art. 8.1); Where no extradition treaty exists between the States parties in question, they may consider the Convention as the legal basis for extradition in respect of such offences (Art. 8.2). States are to include offences of torture as extraditable offences in domestic law (Article 8(3). The Convention provides that State parties shall afford one another the greatest measure of assistance in connection with torture proceedings, including the supply of all evidence at their disposal necessary for the proceedings (Art. 9.1). They are to respect any treaties on mutual judicial assistance (Art. 9.2). Custody arrangements for suspects facing extradition are to be in place (Art. 6.1), with access to consular assistance provided (Art. 6.3) and notification of involved States (Art. 6.4). UNCAT clarifies that where a State is not able to extradite an accused who is in its territory, the matter should be submitted to the competent authorities for prosecution (Art. 7.1). Decisions on whether there are sufficient grounds for prosecution should be taken in the same way as other serious offences (Art. 7.2) and fair treatment is to be guaranteed (Art. 7.3). Persons shall not be extradited to where they themselves are at risk of torture or other ill-treatment or punishment (Art. 3), and for clarity, protection against refoulement should be included in any extradition treaties signed between States parties. REDRESS ARTICLE: 14 UNCAT pays attention to redress for victims of torture, and legal systems are to provide victims with an enforceable right to fair and adequate compensation (Art. 14), as well as the fullest rehabilitation as possible. Rehabilitation should aim to restore, as far as possible, torture victims’ independence, physical, mental, social and vocational ability, as well as their full inclusion and participation in society.1 Such rehabilitation may be provided either through the direct provision of rehabilitation services by the State, or through funding private medical, legal and other services, including those administered by non-governmental organizations.2 ODIHR See, OSCE-CTI’s UNCAT Implementation Tool on Providing Rehabilitation to Victims of Torture and IllTreatment T O O L UNCAT Implementation Tool 5/2018 PROVIDING REHABILITATION TO VICTIMS OF TORTURE AND OTHER ILL-TREATMENT All victims of torture have an explicit right to rehabilitation under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT, Article 14). Rehabilitation should aim to restore, as far as possible, torture victims’ independence, physical, mental, social and vocational ability, as well as their full inclusion and participation in society.1 States have a corresponding duty to provide for as full a rehabilitation as possible, either through the direct provision of rehabilitation services or through funding private medical, legal and other services, including those administered by non-governmental organizations (NGOs).2 This tool provides an overview of how states have implemented the right to rehabilitation through a collection of practices, supplemented with experiences from non-state rehabilitation providers. The practices included in this tool are intended to inspire states to learn from each other and thereby improve implementation at the national level, within the OSCE region and beyond.3 Promising practice examples from the OSCE region and from other parts of the world have been collected to illustrate possible approaches and steps on the way to ensuring torture victims’ right to the fullest possible level of rehabilitation. Their inclusion in the tool does not imply any form of validation of their full compliance with international standards, regional or global relevance and applicability, or superiority to alternative practices applied by other states. 1 UN Committee against Torture’s General Comment No. 3 (2012): Implementation of article 14 by States parties, p.11. 2 Ibid, p.15. 3 All OSCE participating States have ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. These are: Albania, Andorra, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Holy See, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Mongolia, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, the former Yugoslav Republic of Macedonia, Turkey, Turkmenistan, Ukraine, United Kingdom, United States, and Uzbekistan. The CTI ‘UNCAT Implementation Tools’ are a series of practical tools designed to share good practices among States on the implementation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). They offer thematic guidance and ideas for State practitioners and policymakers as they develop or revise context-specific strategies, mechanisms and procedures to prevent torture and other forms of ill-treatment or punishment, and provide remedies for victims. This Tool – Providing Rehabilitation to Victims of Torture and Other Ill-treatment – has been jointly developed by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Convention against Torture Initiative (CTI). 1/13 1 UN Committee against Torture’s General Comment No. 3 (2012): Implementation of article 14 by States parties, p.11. 2 Ibid, p.15. UN CONVENTION AGAINST TORTURE IN BRIEF 4/5