UNCAT as an extradition treaty Albania: Constitution allows UNCAT as basis for extradition In Albania, Article 39 of the Constitution of 1998 states that, “[e]xtradition may be permitted only when it is expressly provided in international agreements, to which the Republic of Albania is a party”, and Article 122 clarifies that such agreements take precedence over domestic legislation, thus permitting the use of UNCAT as the legal basis for offences of torture. Maldives: UNCAT as extradition basis in the absence of an extradition agreement In the Maldives, the Prohibition and Prevention of Torture Act of 2013 stipulates that the crime of torture should be included in extradition agreements. If there is no extradition agreement, the Convention serves as a basis for extradition between two State parties. Torture as an extraditable offence: Legislative provisions Consistent with UNCAT, many States parties have amended or adopted national legislation dealing with specific areas to make offences of torture extraditable offences, including national anti-torture legislation. Ireland: Extradition legislation amended to ensure compliance with UNCAT In Ireland, the Criminal Justice (United Nations Convention Against Torture) Act 2000 (No. 11 of 2000), amended the Extradition Act of 1965 to give effect to UNCAT, including by recognising torture and “related offences” as extraditable offences. Mongolia: Criminal Code permits extradition of foreign nationals based on international agreements While prohibiting the extradition of Mongolian citizens, Article 15 of the Criminal Code of Mongolia allows the extradition of foreign nationals and stateless persons who committed crimes beyond the territory of Mongolia and are within the territory of Mongolia for the purposes of prosecution or to serve a sentence in compliance with “an international agreement to which Mongolia is a party”. New Zealand: Anti-torture legislation makes torture an extraditable offence In New Zealand, the Crimes of Torture Act 1989 “deems” the enumerated crimes of torture as extraditable if not included in existing extradition treaties. TOOL: Cooperation on extradition 4/12