The Inter-american Regional System
3
The crime must be defined in accordance with the definition of torture in international law, which the Court considers to establish “a minimum standard with
regard to the correct definition of this type of conduct and the minimum elements
that this must observe.”482 In particular, “if elements considered non-derogable in
the prosecution formula established at the international level are eliminated, or
mechanisms are introduced that detract from meaning or effectiveness, this may
lead to the impunity of conducts that the States are obliged to prevent, eliminate
and punish under international law.”483
3.2.3.1 Universal jurisdiction
Article 12 of the IACPPT provides:
“Every State Party shall take the necessary measures to establish its jurisdiction
over the crime described in this Convention in the following cases:
a. When torture has been committed within its jurisdiction;
b. When the alleged criminal is a national of that State; or
c. When the victim is a national of that State and it so deems appropriate.
Every State Party shall also take the necessary measures to establish its jurisdiction over the crime described in this Convention when the alleged criminal is
within the area under its jurisdiction and it is not appropriate to extradite him
in accordance with Article 11.
This Convention does not exclude criminal jurisdiction exercised in accordance with domestic law.”
Article 14 further provides that, when a State party does not grant 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.” Moreover, Article 13 obliges States parties to include torture among extraditable
offences.
Thus, the IACPPT establishes universal jurisdiction for the crime of torture:
States are obligated either to extradite suspects or to conduct investigations
and, if appropriate, criminal prosecutions, regardless of the nationality of
106
Goiburú and Others v Paraguay (2006), op. cit., §92.
Ibid.
482
483
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents