CAT/C/4/Rev.3
page 6
Article 7
16.
This article contains the obligation of the State to initiate prosecutions relating to acts of
torture whenever it has jurisdiction, unless it extradites the alleged offender. The report should
provide information on:
•
Measures to ensure the fair treatment of the alleged offender at all stages of the
proceedings, including the right to legal counsel, the right to be presumed innocent
until proved guilty, the right to equality before courts, etc.;
•
Measures to ensure that the standards of evidence required for prosecution and
conviction apply equally in cases where the alleged offender is a foreigner who
committed acts of torture abroad;
•
Examples of practical implementation of the measures referred to above.
Article 8
17.
By virtue of article 8 of the Convention, the States parties undertake to recognize torture
as an extraditable offence for purposes of facilitating the extradition of persons suspected of
having committed acts of torture and/or the related crimes of attempting to commit and
complicity and participation in torture. The report should include information on:
•
Whether torture and related crimes are considered by the reporting State as
extraditable offences;
•
Whether the reporting State makes extradition conditional on the existence of a
treaty;
•
Whether the reporting State considers the Convention as the legal basis for
extradition in respect of the offences referred to above;
•
Extradition treaties between the reporting State and other States parties to the
Convention that include torture as an extraditable offence;
•
Cases where the reporting State granted the extradition of persons alleged to have
committed any of the offences referred to above.
Article 9
18.
By virtue of this article the States parties undertake to provide mutual judicial assistance
in all matters of criminal procedure regarding the offence of torture and related crimes of
attempting to commit, complicity and participation in torture. Reports shall include information
on: