Inter‐American Convention to Prevent and Punish Torture
consider this Convention as the legal basis for extradition in respect of the crime of torture. Extradition
shall be subject to the other conditions that may be required by the law of the requested State.
States Parties which do not make extradition conditional on the existence of a treaty shall
recognize such crimes as extraditable offences between themselves, subject to the conditions required
by the law of the requested State.
Extradition shall not be granted nor shall the person sought be returned when there are
grounds to believe that his life is in danger, that he will be subjected to torture or to cruel, inhuman or
degrading treatment, or that he will be tried by special or ad hoc courts in the requesting State.
Article 14
When a State Party does not grant the extradition, the case shall be submitted to its
competent authorities as if the crime had been committed within its jurisdiction, for the purposes of
investigation, and when appropriate, for criminal action, in accordance with its national law. Any
decision adopted by these authorities shall be communicated to the State that has requested the
extradition.
Article 15
No provision of this Convention may be interpreted as limiting the right of asylum, when
appropriate, nor as altering the obligations of the States Parties in the matter of extradition.
Article 16
This Convention shall not limit the provisions of the American Convention on Human Rights,
other conventions on the subject, or the Statutes of the Inter‐American Commission on Human Rights,
with respect to the crime of torture.
Article 17
The States Parties undertake to inform the Inter‐American Commission on Human Rights of
any legislative, judicial, administrative, or other measures they adopt in application of this Convention.
In keeping with its duties and responsibilities, the Inter‐American Commission on Human
Rights will endeavor in its annual report to analyze the existing situation in the member states of the
Organization of American States in regard to the prevention and elimination of torture.
Article 18
This Convention is open to signature by the member states of the Organization of American
States.
Article 19
This Convention is subject to ratification. The instruments of ratification shall be deposited
with the General Secretariat of the Organization of American States.
Article 20
This Convention is open to accession by any other American state. The instruments of
accession shall be deposited with the General Secretariat of the Organization of American States.
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