102 United Nations Convention Against Torture and its Optional Protocol (f ) No person is expelled or extradited to a State where there are reasonable grounds to believe that that person may be in danger of being tortured. 11  Original Swedish Draft (18 January 1978)15 Article 4 No State Party may expel or extradite a person to a state where there are reasonable grounds to believe that he may be in danger of being subjected to torture or other cruel, inhuman or degrading treatment or punishment. 12  Revised Swedish Draft (19 February 1979)16 Article 3 No State Party shall expel, return (‘refouler’) or extradite a person where there are substantial grounds for believing that he would be in danger of being subjected to torture. 13  USSR Draft (7 March 1979)17 Article 3 1 ) No State Party shall expel or extradite a person to another State where substantial evidence indicates that he may be in danger of being subjected to torture. 2 ) The evidence referred to in the preceding paragraph of this Article includes above all situations characterized by flagrant and massive violations of human rights brought about when apartheid, racial discrimination or genocide, the suppression of national liberation movements, aggression or the occupation of foreign territory are made State policy. 3 ) The provisions of this Article shall not be invoked as grounds for the refusing to institute proceedings against persons who have committed crimes against peace or mankind, or war crimes as defined in the relevant international instruments. 2.2 Analysis of Working Group Discussions 14  In written comments on Article 4 of the original Swedish draft, Austria suggested that a further Article be included which would oblige States parties to re-​examine existing extradition treaties already in force to determine whether they were in conformity with the provisions of Article 4. Spain raised the question as to what should be done in the situation where an extradition treaty exists with a State which is ‘suspected’ of practising or tolerating torture and is not a party to the Convention, ‘since it would necessarily prevent mandatory extradition under the extradition treaty’. 15  France suggested that the Article be reworded to read: ‘No State may in any way expel, turn back or extradite a person to a State where there are serious grounds for believing that he may be in danger of being subjected to torture.’ 16  Switzerland suggested that the provisions relating to extradition be subject to special requirements based on the motives for the practice of torture, as well as the circumstances in which acts of torture are carried out. The Swiss representative expressed 15   Draft Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment Submitted by Sweden (1978) UN Doc E/​CN.4/​1285. 16   Revised Text of the Substantive Parts of the Draft Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Submitted by Sweden (1979) UN Doc E/​CN.4/​WG.1/​WP.1. 17   E/​CN.4/​WG.1/​WP.2. Ammer/Schuechner