1.
Are offences of torture (as detailed in Articles 1 and 4, UNCAT) legislated as domestic criminal offences? Are they
extraditable offences under domestic law?
2.
If there is a stand-alone anti-torture law, does it need to be amended to ensure that offences of torture are both
criminal and extraditable offences under domestic law, consistent with UNCAT?
3.
Does the State have a domestic extradition framework? If so, does it comply with UNCAT? If not, what legislative,
administrative, judicial and other measures may be required to bring it into compliance with UNCAT?
4.
Are there other laws, such as extradition laws, criminal procedures codes, penal codes, that may need adjustment
to reflect both the domestic criminalisation of offences of torture and their being extraditable offences
domestically?
5.
Are any modifications required to the existing domestic legislative, regulatory and procedural frameworks
governing extradition requests to ensure that in case of a conflict arising between the prohibition against
refoulement under UNCAT and States parties’ obligations pursuant to a multilateral or bilateral extradition treaties
or agreements, the former will prevail?
6.
In addition to compliance with the non-refoulement principle, what else needs to be in place domestically for
extradition to be permissible under existing bilateral and multilateral extradition treaties and agreements that
each State may have and under international law, consistent with UNCAT?
7.
What practical obstacles, barriers, challenges may the authorities face in complying with or requesting extradition
in respect of offences of torture, whether committed within their territorial jurisdiction or extraterritorially?
Whether or not the perpetrators or the victims were nationals of the State?
8.
What, if anything needs to be in place to ensure that mutual assistance requests may be considered/extended/be
responded to?
9.
What else needs to be in place for extradition requests for offences of torture to be receivable within the
domestic legal order, and for such requests to be acted upon effectively?
10.
What other measures, if any, should be considered in practice to enable to authorities to request the extradition of
people suspected of or responsible for offences of torture?
TOOL: Cooperation on extradition
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