Germany: Central Unit for the Fight against War Crimes and further Offences
Set up in 2003, the Central Unit for the Fight against War Crimes and further Offences (ZBKV is its acronym
in German) today is an independent unit within the Federal Criminal Police dealing with an ever-increasing
workload. Between 2013 and 2015 alone, the number of leads increased by 8,500 percent, according to official
records of the German parliament. The unit deals with the prosecution of crimes under international law such
as genocide, crimes against humanity and war crimes committed anywhere in the world as German law does not
require a connection with Germany.
Kenya: Anti-torture legislation provides for prosecution in lieu of extradition
Section 21 of Kenya’s Prevention of Torture Act, 2017 not only makes torture an extraditable offence, it also
provides that “Where a person is not extradited […], the person shall be prosecuted in Kenya.”
Luxembourg: Criminal Procedure Code provides for extradition or prosecution
Luxembourg’s Criminal Procedure Code provides that authorities must either extradite or prosecute an alleged
perpetrator of torture.
COOPERATING ON EXTRADITION: THINGS TO CONSIDER
States may consider carrying out a study of relevant existing laws – including those criminalizing torture and other
ill-treatment, if such laws exist, and extradition laws for the purpose of ensuring that the national legal framework
is capable of meeting UNCAT’s obligations to extradite or prosecute alleged perpetrators who are found in the
State’s territory or under its jurisdiction. They may also consider reviewing their past extradition practice, if any,
in relation to offences of torture with a view to ascertaining its consistency with UNCAT’s extradition framework.
Legislative amendments may be necessary to put in place UNCAT’s extradition framework. Such revisions could
include the following legal texts: Constitution; penal code; criminal procedure code and civil code of procedure;
police legislation; prison legislation; extradition legislation; and extradition treaties and arrangements.
In their review of law and practice, States may consider seeking answers to the following questions.
TOOL: Cooperation on extradition
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