§ 1 Crimes referred to in Article 4 must be deemed to be crimes for which extradition can be permitted in all existing extradition treaties between States Parties to the Convention. States are also obliged to categorise these crimes as crimes for which extradition can be permitted in all extradition treaties to be entered into between them. § 2. A State Party can use the Convention as a legal basis for extradition in respect of torture in the event that a State makes extradition dependent on the existence of a treaty and receives a request for extradition from another State Party with which it does not have an extradition treaty. However, the holding State may also stipulate domestic rules regulating extradition. II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION 2. ANALYSIS OF SUBSTANTIVE PROVISIONS § 3. States Parties which do not make extradition dependent on the existence of a treaty must mutually acknowledge torture to be an offence for which extradition is provided, subject to the conditions set down in the legislation of the requested State. 48 § 4. In order to facilitate extradition between States Parties, the offence of torture must be deemed to have been perpetrated not only on the territory of the State in which it was actually perpetrated, but also on the territory of the State which must establish jurisdiction, in accordance with Article 5 §1. The purpose of this provision is to enable States which normally make extradition dependent on the condition that the suspect has committed an offence which is punishable in both the requesting and requested State (the so-called double criminality criterion) to be permitted to extradite even if this criterion has not substantively been met.172 This will primarily be the case when a State requests the extradition of one of its citizens who is suspected of torture which was not committed on the territory of the requesting State, but on that of another State.173 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 article in conformity with any treaties on mutual judicial assistance that may exist between them. Features: Assistance in criminal proceedings, supplying all evidence, mutual judicial assistance Interpretation § 1. States Parties are obliged to co-operate with each other and supply all information to the relevant authorities for the purposes of instituting criminal

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