Article 5
14.
Article 5 deals with the States parties’ legal duty to establish jurisdiction over the crimes
mentioned in article 4. The report should include information on:
•
Measures taken to establish jurisdiction in the cases covered under (a), (b) and (c) of
paragraph 1. Examples of cases where (b) and (c) were applied should also be
included;
•
Measures taken to establish jurisdiction in cases where the alleged offender is
present in the territory of the reporting State and the latter does not extradite him/her
to a State with jurisdiction over the offence in question. Examples of cases
where (a) extradition was granted and (b) extradition was denied should be
provided.
Article 6
15.
Article 6 deals with the exercise of jurisdiction by the State party, particularly the issues
concerning the investigation of a person who is in the territory and is alleged to have committed
any offence referred to in article 4. The report should provide information on:
•
The domestic legal provisions concerning, in particular, the custody of that person or
other measures to ensure his/her presence; his/her right to consular assistance; the
obligation of the reporting State to notify other States that might also have
jurisdiction that such a person is in custody; the circumstances of the detention and
whether the State party intends to exercise jurisdiction;
•
The authorities in charge of the implementation of the various aspects of article 6;
•
Any cases in which the above domestic provisions were applied.
Article 7
16.
This article contains the obligation of the State to initiate prosecutions relating to acts of
torture whenever it has jurisdiction, unless it extradites the alleged offender. The report should
provide information on:
•
Measures to ensure the fair treatment of the alleged offender at all stages of the
proceedings, including the right to legal counsel, the right to be presumed innocent
until proved guilty, the right to equality before courts, etc.;
•
Measures to ensure that the standards of evidence required for prosecution and
conviction apply equally in cases where the alleged offender is a foreigner who
committed acts of torture abroad;
•
Examples of practical implementation of the measures referred to above.
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