Consular access Article 6(3) UNCAT guarantees to foreign nationals held in detention and facing extradition the right to immediate assistance to communicate, if they so wish, with their embassy or consular post or, if they are stateless, with representatives of the State where they usually reside. For asylum-seekers, refugees and stateless persons who are not able nor wish to seek consular assistance, it has been found useful to include specific provisions within national legislation or regulations granting officials of the Office of UN High Commissioner for Refugees – tasked with an international protection mandate for asylum-seekers, refugees and stateless persons – access to persons in detention at risk (see also “Safeguards against refoulement” below). Vienna Convention on Consular Relations 1963 Consistent with Article 36 of the Vienna Convention on Consular Relations, Article 6(3) UNCAT requires foreign nationals detained pending extradition to be able to communicate immediately with representatives of their State of nationality. Safeguards against refoulement Article 3 (1), UNCAT No State Party shall expel, return (“refouler”) or As extradition requests may raise refoulement extradite a person to another State where there considerations, many States have expressly legislated are substantial grounds for believing that he would to prohibit extradition in such circumstances, or be in danger of being subjected to torture”. have incorporated clauses in bilateral or multilateral extradition treaties and agreements to comply with Article 3 UNCAT or other international obligations. Where there is a conflict between extradition obligations and protection against refoulement under UNCAT, the principle of non-refoulement prevails as an absolute bar on extradition. In such circumstances, and if the evidence so warrants, the State party where the person alleged to have committed offences of torture is present shall submit the case to its competent authorities for the purpose of prosecution (Art. 7(1) UNCAT, see below). European Convention on Extradition: a regional, multilateral extradition treaty provides protection on refoulement grounds Article 3 of the European Convention on Extradition provides protection against extradition on broad refoulement grounds if there are “substantial grounds for believing that a request for extradition for an ordinary criminal offence has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that that person’s position may be prejudiced for any of these reasons.” Mozambique: constitutional protection Article 67(3) of the Constitution of Mozambique of 2004 expressly bars extradition “when there are grounds to believe that the extradited person may be subjected to torture or inhumane, degrading or cruel treatment.” Namibia: extradition legislation prohibits refoulement The Extradition Act of 1996 prohibits the return of a person to a State where that individual would be at risk of being subjected to the death penalty, torture or inhuman or degrading treatment. The Act likewise specifically prohibits refoulement if it would be in conflict with Namibia’s obligations under any international instrument. TOOL: Cooperation on extradition 7/12