Chapter 5 – Complaints, investigations,
prosecutions and extradition
Relevant Articles from the United Nations Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment:
Article 7
1. The State Party in the territory under whose jurisdiction a person alleged to
have committed any offence referred to in article 4 is found shall in the cases
contemplated in article 5, if it does not extradite him, submit the case to its
competent authorities for the purpose of prosecution.
2. These authorities shall take their decision in the same manner as in the case
of any ordinary offence of a serious nature under the law of that State. In the
cases referred to in article 5, paragraph 2, the standards of evidence required
for prosecution and conviction shall in no way be less stringent than those
which apply in the cases referred to in article 5, paragraph 1.
3. Any person regarding whom proceedings are brought in connection with
any of the offences referred to in article 4 shall be guaranteed fair treatment
at all stages of the proceedings.
Article 8
1. The offences referred to in article 4 shall be deemed to be included as
extraditable offences in any extradition treaty existing between States
Parties. States Parties undertake to include such offences as extraditable
offences in every extradition treaty to be concluded between them.
2. If a State Party which makes extradition conditional on the existence of a
treaty receives a request for extradition from another State Party with which
it has no extradition treaty, it may consider this Convention as the legal basis
for extradition in respect of such offences. Extradition shall be subject to the
other conditions provided by the law of the requested State.
3. States Parties which do not make extradition conditional on the existence
of a treaty shall recognize such offences as extraditable offences between
themselves subject to the conditions provided by the law of the requested
State.
4. Such offences shall be treated, for the purpose of extradition between
States Parties, as if they had been committed not only in the place in which
they occurred but also in the territories of the States required to establish
their jurisdiction in accordance with article 5, paragraph 1.
Article 9
1. States Parties shall afford one another the greatest measure of assistance
in connection with criminal proceedings brought in respect of any of the
offences referred to in article 4, including the supply of all evidence at their
disposal necessary for the proceedings.
2. States Parties shall carry out their obligations under paragraph I of this
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