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 recognise 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. Features: Torture an extraditable offence, legal basis in Convention, recognition without Treaty, offence constructed as committed on territory having jurisdiction in order to remove legal obstructions to extradition Article 8 is a technical development of the possibility of extraditing a suspect of torture when a request is made to this effect. The objective of this provision is to prevent there being no possibility of extradition, for example because a State makes extradition dependent on a relevant treaty, and the State requesting extradition is not bound to the other State by an extradition treaty. Article 8 offer solutions for such gaps in extradition law.168 Article 8 corresponds to similar articles found in other conventions concerned with establishing jurisdiction over international crimes.169 The text of Article 8 does not suggest that States Parties must extradite their own citizens. However, if a State Party does not meet a request to extradite in the context of torture, it would be obliged under the Convention to prosecute the suspect itself. There has not been much practical experience of application of Article 8. The practice of the CAT in respect of Article 8 has therefore mainly been limited to asking whether States Parties consider torture to be an extraditable offence by one of the methods stipulated in Article 8.170 Some members have emphasised that extradition cannot be dependent on any reciprocity.171 II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION 2. ANALYSIS OF SUBSTANTIVE PROVISIONS Interpretation 47

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