THE UNCAT EXTRADITION FRAMEWORK
Torture as extraditable
offence – Art. 8
UNCAT as extradition
treaty – Art. 8
Custody arrangements
– Art. 6
Extradite or
prosecute – Art. 7
Jurisdiction
– Art. 5
Protection against
refoulement – Art. 3
Mutual judicial
assistance – Art. 9
UNCAT’s extradition framework provides for a bespoke approach to enabling States parties to facilitate the
extradition of individuals for offences of torture, comprised of the following elements:
ââ Offences of torture are to be explicitly included as extraditable offences – or deemed to be so – in any
extradition treaty to be concluded between States parties (Art. 8.1).
ââ If they are not included in an extradition treaty already existing between them, States parties are to treat
offences of torture as extraditable offences (Art. 8.1).
ââ Where no extradition treaty exists between the States parties in question, they may consider the Convention
as the legal basis for extradition in respect of such offences (Art. 8.2).
ââ Domestic laws to be amended to include offences of torture as extraditable offences (Art. 8(3)).
ââ Custody arrangements to be in place for suspects (Art. 6.1), with access to consular assistance provided (Art.
6.3) and other concerned States to be notified (Art. 6.4).
ââ States parties shall afford one another the greatest measure of assistance in connection with criminal
proceedings, including the supply of all relevant evidence at their disposal necessary for such proceedings
(Arts. 9.1; 15). They are to respect any treaties on mutual judicial assistance existing between them (Art. 9.2).
ââ UNCAT clarifies that when a State party is not able to extradite individuals suspected of torture offences
who are on its territory, it should submit these cases to its competent authorities for prosecution (Art. 7.1).
ââ In line with the drafters’ shared goals to prohibit and respond to torture everywhere, States parties are to
exercise the widest possible jurisdiction over offences of torture (Art.5).
ââ No Person shall be extradited to another State where they would face a real risk of torture or other forms of
ill-treatment or punishment (Art. 3).
TOOL: Cooperation on extradition
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