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The Extradition (Torture) Order 1991

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  1. Introductory Text

  2. 1.This Order may be cited as the Extradition (Torture) Order...

  3. 2.Schedule 1 to the Extradition Act 1989 (“the 1989 Act”)...

  4. 3.Schedule 1 to the 1989 Act shall apply in the...

  5. 4.The 1989 Act, so far as it relates to extradition...

  6. 5.The Extradition (Torture) Order 1988is hereby revoked.

  7. 6.The operation of this Order is limited to the United...

  8. Signature

    1. SCHEDULE 1

      CONVENTION AGAINST TORTURE AND OTHER CRUEL INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

      1. PART I

        1. ARTICLE 1

          1. 1.For the purposes of this Convention, the term “torture” means...

          2. 2.This article is without prejudice to any international instrument or...

        2. ARTICLE 2

          1. 1.Each State Party shall take effective legislative, administrative, judicial or...

          2. 2.No exceptional circumstances whatsoever, whether a state of war or...

          3. 3.An order from a superior officer or a public authority...

        3. ARTICLE 3

          1. 1.No State Party shall expel, return (“refouler”) or extradite a...

          2. 2.For the purpose of determining whether there are such grounds,...

        4. ARTICLE 4

          1. 1.Each State Party shall ensure that all acts of torture...

          2. 2.Each State Party shall make these offences punishable by appropriate...

        5. ARTICLE 5

          1. 1.Each State Party shall take such measures as may be...

          2. 2.Each State Party shall likewise take such measures as may...

          3. 3.This Convention does not exclude any criminal jurisdiction exercised in...

        6. ARTICLE 6

          1. 1.Upon being satisfied, after an examination of information available to...

          2. 2.Such State shall immediately make a preliminary inquiry into the...

          3. 3.Any person in custody pursuant to paragraph 1 of this...

          4. 4.When a State, pursuant to this article, has taken a...

        7. ARTICLE 7

          1. 1.The State Party in the territory under whose jurisdiction a...

          2. 2.These authorities shall take their decision in the same manner...

          3. 3.Any person regarding whom proceedings are brought in connection with...

        8. ARTICLE 8

          1. 1.The offences referred to in article 4 shall be deemed...

          2. 2.If a State Party which makes extradition conditional on the...

          3. 3.States Parties which do not make extradition conditional on the...

          4. 4.Such offences shall be treated, for the purpose of extradition...

        9. ARTICLE 9

          1. 1.States Parties shall afford one another the greatest measure of...

          2. 2.States Parties shall carry out their obligations under paragraph 1...

        10. ARTICLE 10

          1. 1.Each State Party shall ensure that education and information regarding...

          2. 2.Each State Party shall include this prohibition in the rules...

        11. ARTICLE 11

        12. ARTICLE 12

        13. ARTICLE 13

        14. ARTICLE 14

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

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

        15. ARTICLE 15

        16. ARTICLE 16

          1. 1.Each State Party shall undertake to prevent in any territory...

          2. 2.The provisions of this Convention are without prejudice to the...

      2. PART II

        1. ARTICLE 17

          1. 1.There shall be established a Committee against Tortue (hereinafter referred...

          2. 2.The members of the Committee shall be elected by secret...

          3. 3.Elections of the members of the Committee shall be held...

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

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

          6. 6.If a member of the Committee dies or resigns or...

          7. 7.States Parties shall be responsible for the expenses of the...

        2. ARTICLE 18

          1. 1.The Committee shall elect its officers for a term of...

          2. 2.The Committee shall establish its own rules of procedure, but...

          3. 3.The Secretary-General of the United Nations shall provide the necessary...

          4. 4.The Secretary-General of the United Nations shall convene the initial...

          5. 5.The States Parties shall be responsible for expenses incurred in...

        3. ARTICLE 19

          1. 1.The States Parties shall submit to the Committee, through the...

          2. 2.The Secretary-General of the United Nations shall transmit the reports...

          3. 3.Each report shall be considered by the Committee which may...

          4. 4.The Committee may, at its discretion, decide to include any...

        4. ARTICLE 20

          1. 1.If the Committee receives reliable information which appears to it...

          2. 2.Taking into account any observations which may have been submitted...

          3. 3.If an inquiry is made in accordance with paragraph 2...

          4. 4.After examining the findings of its member or members submitted...

          5. 5.All the proceedings of the Committee referred to in pararaphs...

        5. ARTICLE 21

          1. 1.A State Party to this Convention may at any time...

          2. 2.The provisions of this article shall come into force when...

        6. ARTICLE 22

          1. 1.A State Party to this Convention may at any time...

          2. 2.The Committee shall consider inadmissible any communication under this article...

          3. 3.Subject to the provisions of paragraph 2, the Committee shall...

          4. 4.The Committee shall consider communications received under this article in...

          5. 5.The Committee shall not consider any communications from an individual...

          6. 6.The Committee shall hold closed meetings when examining communications under...

          7. 7.The Committee shall forward its views to the State Party...

          8. 8.The provisions of this article shall come into force when...

        7. ARTICLE 23

        8. ARTICLE 24

      3. PART III

        1. ARTICLE 25

          1. 1.This Convention is open for signature by all States.

          2. 2.This Convention is subject to ratification. Instruments of ratification shall...

        2. ARTICLE 26

        3. ARTICLE 27

          1. 1.This Convention shall enter into force on the thirtieth day...

          2. 2.For each State ratifying this Convention or acceding to it...

        4. ARTICLE 28

          1. 1.Each State may, at the time of signature or ratification...

          2. 2.Any State Party having made a reservation in accordance with...

        5. ARTICLE 29

          1. 1.Any State Party to this Convention may propose an amendment...

          2. 2.An amendment adopted in accordance with paragraph 1 of this...

          3. 3.When amendments enter into force, they shall be binding on...

        6. ARTICLE 30

          1. 1.Any dispute between two or more States Parties concerning the...

          2. 2.Each State may, at the time of signature or ratification...

          3. 3.Any State Party having made a reservation in accordance with...

        7. ARTICLE 31

          1. 1.A State Party may denounce this Convention by written notification...

          2. 2.Such a denunciation shall not have the effect of releasing...

          3. 3.Following the date at which the denunciation of a State...

        8. ARTICLE 32

        9. ARTICLE 33

    2. SCHEDULE 2

      FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND FOR WHICH ORDERS UNDER THE EXTRADITION ACT 1870 ARE IN FORCE

    3. SCHEDULE 3

      FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH EXTRADITION TREATIES ARE IN FORCE IN RELATION TO EXTRADITION BETWEEN THOSE STATES AND ONE OR MORE OF THE TERRITORIES SPECIFIED IN SCHEDULE 5

    4. SCHEDULE 4

      1. PART I FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE

      2. PART II APPLICATION OF THE 1989 ACT IN THE CASE OF A STATE MENTIONED IN PART I

        1. 1.The 1989 Act shall have effect only in respect of–...

        2. 2.No proceeding shall be taken on an application for a...

        3. 3.(1) Without prejudice to his so deciding on other grounds,...

      3. PART III

    5. SCHEDULE 5

      TERRITORIES TO WHICH THIS ORDER EXTENDS

  10. Explanatory Note

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