§ 1 Crimes referred to in Article 4 must be deemed to be crimes for which
extradition can be permitted in all existing extradition treaties between States
Parties to the Convention. States are also obliged to categorise these crimes as
crimes for which extradition can be permitted in all extradition treaties to be
entered into between them.
§ 2. A State Party can use the Convention as a legal basis for extradition in
respect of torture in the event that a State makes extradition dependent on the
existence of a treaty and receives a request for extradition from another State
Party with which it does not have an extradition treaty. However, the holding
State may also stipulate domestic rules regulating extradition.
II. INDIVIDUAL ANALYSIS OF ARTICLES 1–16 OF THE CONVENTION
2. ANALYSIS OF SUBSTANTIVE PROVISIONS
§ 3. States Parties which do not make extradition dependent on the existence of
a treaty must mutually acknowledge torture to be an offence for which extradition is provided, subject to the conditions set down in the legislation of the
requested State.
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§ 4. In order to facilitate extradition between States Parties, the offence of torture must be deemed to have been perpetrated not only on the territory of the
State in which it was actually perpetrated, but also on the territory of the State
which must establish jurisdiction, in accordance with Article 5 §1. The purpose
of this provision is to enable States which normally make extradition dependent
on the condition that the suspect has committed an offence which is punishable
in both the requesting and requested State (the so-called double criminality criterion) to be permitted to extradite even if this criterion has not substantively
been met.172 This will primarily be the case when a State requests the extradition
of one of its citizens who is suspected of torture which was not committed on
the territory of the requesting State, but on that of another State.173
Article 9
1. States Parties shall afford one another the greatest measure of assistance
in connection with criminal proceedings brought in respect of any of the
offences referred to in article 4, including the supply of all evidence at
their disposal necessary for the proceedings.
2. States Parties shall carry out their obligations under paragraph I of this
article in conformity with any treaties on mutual judicial assistance that
may exist between them.
Features: Assistance in criminal proceedings, supplying all evidence,
mutual judicial assistance
Interpretation
§ 1. States Parties are obliged to co-operate with each other and supply all
information to the relevant authorities for the purposes of instituting criminal
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