Section 70p. 70

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

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 recognize

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.

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.

ARTICLE 10

1. Each State Party shall ensure that education and

information regarding the prohibition against torture are

fully

included

in

the

training

of

law

enforcement

personnel, civil or military, medical personnel, public

officials and other persons who may be involved in the

custody, interrogation or treatment of any individual

subjected

to

any

form

of

arrest,

detention

or

imprisonment.

2. Each State Party shall include this prohibition in the

rules or instructions issued in regard to the duties and

functions of any such person.

ARTICLE 11

Each State Party shall keep under systematic review

interrogation rules, instructions, methods and practices

as well as arrangements for the custody and treatment of

persons subjected to any form of arrest, detention or

imprisonment in any territory under its jurisdiction, with a

view to preventing any cases of torture.

ARTICLE 12

Each

State

Party

shall

ensure

that

its

competent

authorities

proceed

to

a

prompt

and

impartial

investigation, wherever there is reasonable ground to

believe that an act of torture has been committed in any

territory under its jurisdiction.

ARTICLE 13

Each State Party shall ensure that any individual who

alleges he has been subjected to torture in any territory

under its jurisdiction has the right to complain to, and to

have his case promptly and impartially examined by, its

competent authorities. Steps shall be taken to ensure

that

the

complainant

and

witnesses

are

protected

against all ill-treatment or intimidation as a consequence

of his complaint or any evidence given.

ARTICLE 14

1. Each State Party shall ensure in its legal system that the

victim of an act of torture obtains redress and has an

enforceable right to fair and adequate compensation,

including the means for as full rehabilitation as possible.

In the event of the death of the victim as a result of an act

of

torture,

his

dependants

shall

be

entitled

to

compensation.

2. Nothing in this article shall affect any right of the victim

or other persons to compensation which may exist under

national law.

ARTICLE 15

Each State Party shall ensure that any statement which is

established to have been made as a result of torture shall

not be invoked as evidence in any proceedings, except

against a person accused of torture as evidence that the

statement was made.

ARTICLE 16

1. Each State Party shall undertake to prevent in any

territory under its jurisdiction other acts of cruel, inhuman

or degrading treatment or punishment which do not

amount to torture as defined in article I, when such acts

are committed by or at the instigation of or with the

consent or acquiescence of a public official or other

person acting in an official capacity. In particular, the

obligations contained in articles 10, 11, 12 and 13 shall apply

with

the

substitution

for

references

to

torture

of

references to other forms of cruel, inhuman or degrading

treatment or punishment.

2. The provisions of this Convention are without prejudice

to the provisions of any other international instrument or

national law which prohibits cruel, inhuman or degrading

treatment or punishment or which relates to extradition

or expulsion.

PART II

ARTICLE 17

1. There shall be established a Committee against Torture

(hereinafter referred to as the Committee) which shall

carry

out

the

functions

hereinafter

provided.

The

Committee shall consist of ten experts of high moral

standing and recognized competence in the field of

human rights, who shall serve in their personal capacity.

The

experts

shall

be

elected by the States Parties,

consideration

being

given to equitable geographical

distribution and to the usefulness of the participation of

some persons having legal experience.

2. The members of the Committee shall be elected by

secret ballot from a list of persons nominated by States

Parties. Each State Party may nominate one person from

among its own nationals. States Parties shall bear in mind

the usefulness of nominating persons who are also

members of the Human Rights Committee established

under the International Covenant on Civil and Political

Rights and who are willing to serve on the Committee

against Torture.

3. Elections of the members of the Committee shall be

held at biennial meetings of States Parties convened by

the Secretary-General of the United Nations. At those

meetings, for which two thirds of the States Parties shall

constitute

a

quorum,

the

persons

elected

to

the

Committee shall be those who obtain the largest number

of votes and an absolute majority of the votes of the

representatives of States Parties present and voting.

4. The initial election shall be held no later than six

months after the date of the entry into force of this

Convention. At least four months before the date of each

election, the Secretary-General of the United Nations shall

address a letter to the States Parties inviting them to

submit

their

nominations

within three months. The

Secretary-General shall prepare a list in alphabetical order

of all persons thus nominated, indicating the States

Parties which have nominated them, and shall submit it

to the States Parties.

5. The members of the Committee shall be elected for a

term of four years. They shall be eligible for re-election if

renominated. However, the term of five of the members

elected at the first election shall expire at the end of two

years; immediately after the first election the names of

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