Convention and protocol
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 I 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, with 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
States and shall indicate whether it intends to exercise jurisdiction.
Article 7
1. The State Party in the 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.
3. Any person regarding whom proceedings are brought in connection with any of the offences
referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.
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 recognize such offences as extraditable offences between themselves subject to the
conditions provided by the law of the requested State.
National Preventive Mechanism in the Republic of Slovenia under the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
81
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