Article 8
1. The offences referred to in article 4 shall be deemed to be included as
extraditable offences in any extradition treaty existing between States
Parties. States Parties undertake to include such offences as extraditable
offences in every extradition treaty to be concluded between them.
2. If a State Party which makes extradition conditional on the existence of a
treaty receives a request for extradition from another State Party, with
which it has no extradition treaty, it may consider this Convention as the
legal basis for extradition in respect of such offences. Extradition shall be
subject to the other conditions provided by the law of the requested
State.
3. States Parties which do not make extradition conditional on the existence
of a treaty shall recognise such offences as extraditable offences between
themselves subject to the conditions provided by the law of the
requested State.
4. Such offences shall be treated, for the purpose of extradition between
States Parties, as if they had been committed not only in the place in
which they occurred but also in the territories of the States required to
establish their jurisdiction in accordance with article 5, paragraph 1.
Features: Torture an extraditable offence, legal basis in Convention,
recognition without Treaty, offence constructed as committed on territory having jurisdiction in order to remove legal obstructions to extradition
Article 8 is a technical development of the possibility of extraditing a suspect of
torture when a request is made to this effect. The objective of this provision is
to prevent there being no possibility of extradition, for example because a State
makes extradition dependent on a relevant treaty, and the State requesting
extradition is not bound to the other State by an extradition treaty. Article 8 offer
solutions for such gaps in extradition law.168 Article 8 corresponds to similar articles found in other conventions concerned with establishing jurisdiction over
international crimes.169
The text of Article 8 does not suggest that States Parties must extradite their
own citizens. However, if a State Party does not meet a request to extradite in
the context of torture, it would be obliged under the Convention to prosecute
the suspect itself.
There has not been much practical experience of application of Article 8. The
practice of the CAT in respect of Article 8 has therefore mainly been limited to
asking whether States Parties consider torture to be an extraditable offence by
one of the methods stipulated in Article 8.170 Some members have emphasised
that extradition cannot be dependent on any reciprocity.171
II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
Interpretation
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