Extradition via treaty
The most common way in which persons are extradited is through specific bilateral or multilateral extradition
treaties or other agreements that make provision for extradition.
Economic Community of West African States Convention on Extradition
While torture is not expressly mentioned, the provisions of the Economic Community of West African States
(ECOWAS) Convention on Extradition enable States parties to extradite those on their territory who are wanted
for prosecution for the crime of torture or for the purposes of their serving a sentence of imprisonment for the
same (Art. 2).
Geneva Conventions of 1949: High Contracting Parties may extradite suspects
The Geneva Conventions (GC) require High Contracting Parties to search for and prosecute persons alleged to
have committed or ordered the commission of any grave breaches of the Conventions, and also allow for such
persons to be extradited (“handed over”) for trial to another High Contracting Party if a “prima facie case” has
been presented (Art. 49, GC (I); Art. 50, GC (II); Art. 129, GC (III); Art. 146, GC (IV)). Grave breaches expressly
include torture or inhuman treatment, including biological experiments.
Inter-American Convention to Prevent and Punish Torture: a regional, multilateral treaty
enables States to cooperate in torture-related extradition matters
Similar to UNCAT, States parties to the Inter-American Convention to Prevent and Punish Torture are to “take
the necessary steps to extradite anyone accused of having committed the crime of torture or sentenced for
commission of that crime, in accordance with their respective national laws on extradition and their international
commitments on this matter” (Art. 11). In addition, torture is to be considered among the extraditable crimes in
every extradition treaty between States parties; the crime of torture is to be included as an extraditable offence in
every extradition treaty to be concluded between them; and the Convention itself, in the absence of an extradition
treaty, may be considered as the legal basis for extradition in respect of torture (Art. 13).
United States of America and six Members of the Organisation of Eastern Caribbean States
(OECS): bilateral extradition treaties
The United States of America has signed extradition treaties with six OECS countries, namely Antigua and
Barbuda, Dominica, Grenada, St Lucia, St Kitts and Nevis, and St Vincent and the Grenadines in identical terms.
While they do not mention the crime of torture explicitly, they keep the types of offences subject to extradition
open-ended and broad, and they exclude extradition for prosecution of “political offences”.
TOOL: Cooperation on extradition
3/12