GUIDE ON ANTI-TORTURE LEGISLATION
The Luxembourg criminal procedure code stipulates that someone suspected of
torture present in its territory can be prosecuted in Luxembourg.107
The Madagascar anti-torture law provides in article 18(6) for universal jurisdiction
when the alleged perpetrator is in Madagascar.108
The Sri Lanka Convention against Torture Act also provides for this type of jurisdiction:
“(2) The jurisdiction of the High Court of Sri Lanka in respect of an offence under this
Act committed by a person who is not a citizen of Sri Lanka, outside the territory of
Sri Lanka, shall be exercised by the High Court holden in the Judicial Zone nominated
by the Chief Justice, by a direction in writing under his hand.” 109
In Uganda, this jurisdiction is also stipulated in the Prevention and Prohibition of
Torture Act: “The Chief Magistrates Court of Uganda shall have jurisdiction to try the
offences prescribed by this Act, wherever committed, if the offence is committed
(e) by a stateless person who has his or her habitual residence in Uganda; or (f) by
any person who is for the time being present in Uganda or in any territory under the
control or jurisdiction of Uganda.” 110
107
108
109
110
15. The Convention and the Committee recommend that States
parties establish jurisdiction over cases where their nationals have
been victim of torture
According article 5(1)(c) of the Convention, States may establish jurisdiction
when the victim is a national of that State “if that State considers it appropriate”.
This form of jurisdiction is also referred to as the passive nationality principle.
Although article 5(1)(c) is not obligatory, it is recommended that the possibility to
exercise jurisdiction by the State on behalf of its nationals be provided in national
law to avoid persons responsible of torture to escape justice and to permit such
prosecutions to take place. The Committee also recommends during countries’
reviews that State parties add this type of jurisdiction in legislation.111
The Madagascar anti-torture law provides for the passive nationality principle in
article 18(5).112
The Sri Lanka Convention against Torture Act also provides for this type of jurisdiction:
“(…) (c) the person in relation to whom the offence is alleged to have been committed
is a citizen of Sri Lanka.” 113
112
113
Luxembourg criminal procedure code 1808, as amended by Law of April 2015, article 7(3), available at
http://www.legilux.public.lu/leg/textescoordonnes/codes/code_instruction_criminelle/cic.pdf
(last accessed in February 2016).
107
Madagascar, Loi contre la torture et autres peines ou traitements cruels, inhumains ou dégradants,
op. cit. 22, articles 18(6).
108
Sri Lanka, Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Act of 1994, op. cit. 39, article 4.
109
110
Uganda, the Prevention and Prohibition of Torture Act, op. cit. 28, section 17(1)(e).
CAT, Report of the Committee against Torture, 47th session (31 October-25 November 2011), 48th session
(7 May-1 June 2012), UN Doc. A/67/44, p. 51; CAT, Report of the Committee against Torture, 51st session
(28 October-22 November 2013), 52nd session (28 April-23 May 2014), UN Doc. A/69/44, p. 143.
111
34
112
Madagascar, Loi contre la torture et autres peines ou traitements cruels, inhumains ou dégradants,
op. cit. 22, articles 18(5).
113
Sri Lanka, Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Act of 1994, op. cit. 39, article 4.
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