ecution. Articles 6 and 7 oblige States Parties to take specific measures in that
regard.
States are required to detain any persons suspected of committing acts of torture
as referred to in Article 4 found in their territories, when they are “satisfied, after
an examination of information available to them, that the circumstances so warrant”, or to take other legal measures permitted by law and in the circumstances
deemed as necessary to secure the continuing custody of the accused. States
have a wide degree of freedom in assessing whether the circumstances justify
pre-trial detention. This assessment depends in part on the domestic rules concerning evidence.149
Under the State’s own laws, there may exist time limits for custodial measures.
However, these limits should not make it impossible to obtain extradition or prosecution of the accused. Custody and other legal measures should not be for
excessively lengthy periods, but only for the period of time required for criminal
or extradition proceedings to be instituted.
It is not obvious what elements are sufficient to trigger the obligation to investigate and possibly prosecute a suspected torturer. It must be assumed that, while
there is an obligation to initiate a preliminary investigation into the facts, a certain minimum of probability that torture has been committed must exist for an
investigation to be launched. The Convention does not provide a minimum
threshold for the obligation to investigate. It must be assumed that the decision
to start an investigation will be made according to the general criteria in this
regard laid down in national laws for similar serious crimes.
§ 3. Each detainee must be offered assistance in contacting the nearest authorised representative of the State of which he or she is a citizen. If the person in
custody is by legal definition stateless151, i.e. is not considered as a national of
any particular State, he or she should be assisted by the authorities of the
country where he or she is resident most of the time, or the place where he or
she has acquired a residence permit. The person in custody must not be forced
against his or her will to contact the concerned national authorities, but should
be given the option to do so.
§ 4. The State Party must immediately notify States which have or may have
jurisdiction over the offence of any of the grounds referred to in Article 5 §1, i.e.
States having jurisdiction over any territory where offences are committed, when
the alleged offender is a national of such States, or when the victim is a national
of such States. This obligation applies irrespective of whether the holding State
intends to prosecute or extradite. The information transmitted must contain a
II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
§ 2. States Parties are obliged immediately to initiate a preliminary investigation into the facts. This obligation applies primarily when the State itself will be
prosecuting the suspect. After all, if a suspect is to be extradited, the State
requesting the extradition will usually carry out such an investigation.150
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