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Article 4
1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The
same shall apply to an attempt to commit torture and to an act by any person which constitutes
complicity or participation in torture.
2. Each State Party shall make these offences punishable by appropriate penalties which take
into account their grave nature.
Article 5
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction
over the offences referred to in article 4 in the following cases:
1. When the offences are committed in any territory under its jurisdiction or on board a ship or
aircraft registered in that State;
2. When the alleged offender is a national of that State;
3. When the victim was a national of that State if that State considers it appropriate.
2. Each State Party shall likewise take such measures as may be necessary to establish its
jurisdiction over such offences in cases where the alleged offender is present in any territory
under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States
mentioned in Paragraph 1 of this article.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with
internal law.
Article 6
1. Upon being satisfied, after an examination of information available to it, that the
circumstances so warrant, any State Party in whose territory a person alleged to have
committed any offence referred to in article 4 is present, shall take him into custody or take
other legal measures to ensure his presence. The custody and other legal measures shall be as
provided in the law of that State but may be continued only for such time as is necessary to
enable any criminal or extradition proceedings to be instituted.
2. Such State shall immediately make a preliminary inquiry into the facts.
3. Any person in custody pursuant to paragraph 1 of this article shall be assisted in
communicating immediately with the nearest appropriate representative of the State of which
he is a national, or, if he is a stateless person, to the representative of the State where he usually
resides.
4. When a State, pursuant to this article, has taken a person into custody, it shall immediately
notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody
and of the circumstances which warrant his detention. The State which makes the preliminary
inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said
State and shall indicate whether it intends to exercise jurisdiction.
Article 7
1. The State Party in 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.
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