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.