GUIDE ON ANTI-TORTURE LEGISLATION 19. The Convention requires States parties to enable the extradition of alleged torturers States shall include the crime of torture in their extradition agreements as an extraditable offence,133 subject to the prohibition of non-refoulement in article 3. According to article 8(2) of the Convention, the potential extradition may not be dependent on the existence of an extradition treaty and the Convention may be considered as the legal basis for extradition. The Luxembourg criminal procedure code provides that authorities must either extradite or prosecute an alleged perpetrator.134 In the Maldives, the Prohibition and Prevention of Torture Act stipulates that the crime of torture should be included in extradition agreements. If there is no extradition agreement, the Convention should serve as a basis for extradition between two State parties.135 In Sri Lanka, the Convention against Torture Act clearly explains that if no extradition treaty exists, the Convention shall be treated as an extradition arrangement: “(1) Where there is an extradition arrangement in force between the Government of Sri Lanka and the Government of any other State, such arrangement shill be deemed, for the purposes of the Extradition Law, N°8 of 1977, to include provision for extradition in respect of the offence of torture as defined in the Convention, and of attempting to commit, aiding and abetting the commission of, or conspiring to commit, the offence of torture as defined in the Convention. (2) Where there is no extradition arrangement made by the Government of Sri Lanka with any State, in force on the date of the commencement of this Act, the Minister may, by Order published in the Gazette, treat the Convention, for the purposes of the Extradition Law, N°8 of 1977, as an extradition arrangement made by the Government of Sri Lanka with the Government of that State, providing for extradition in respect of the offence of torture as defined in the Convention and of attempting to commit, aiding and abetting the commission of, or conspiring to commit, the offence of torture as defined in the Convention.“ 136 The Prevention and Prohibition of Torture Act of Uganda provides that “torture is an extraditable offence”.137 134 135 136 137 20. The Convention requires States parties to afford one another mutual judicial assistance in criminal proceedings related to torture As explained previously, one of the objectives of the Convention is to make sure that persons responsible for acts of torture do not escape justice. In order to implement this overall goal at the national level, article 9 of the Convention requires States to support one another in connection with criminal proceedings related to torture. It is common for States to establish mutual judicial assistance treaties to enable them to assist another State in the investigation of a criminal matter. Those treaties would typically include provisions regarding the sharing Article 8(1) of the Convention. 133 Luxembourg criminal procedure code 1808, op. cit. 107, article 7(4). 134 Maldives, Act on the Prohibition and Prevention of Torture 2013, op. cit. 3, article 42. 135 Sri Lanka, Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act of 1994, op. cit. 39, article 9. 136 Uganda, the Prevention and Prohibition of Torture Act, op. cit. 28, section 22(1). 137 41