The Extradition (Torture) (Amendment) Order 2003

Statutory Instruments

2003 No. 1251

EXTRADITION

The Extradition (Torture) (Amendment) Order 2003

Made

8th May 2003

Laid before Parliament

20th May 2003

Coming into force

22nd May 2003

At the Court at Buckingham Palace, the 8th day of May 2003

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 4 and 37(3) of the Extradition Act 1989(1) is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:—

1.—(1) This Order may be cited as the Extradition (Torture) (Amendment) Order 2003 and shall come into force on 22nd May 2003.

(2) In this Order “the 1997 Order” means the Extradition (Torture) Order 1997(2).

2.—(1) Schedule 2 to the 1997 Order (foreign States which are parties to the Convention and in relation to which Orders in Council under section 2 of the Extradition Act 1870(3) are in force) is amended as follows.

(2) The entries in respect of Albania, Romania, Russian Federation and Yugoslavia are omitted.

(3) There is inserted, at the appropriate place in alphabetical order, the following entries—

“Bolivia	22 February 1892	1898/1065”;
“Bosnia and Herzegovina	6 December 1900	1901/586”;
“Monaco	17 December 1891	8 May 1892”.

3.—(1) Part I of Schedule 3 to the 1997 Order (foreign States which are parties to the Convention but with which no extradition treaties are in force) is amended as follows.

(2) The entries in respect of Armenia, Azerbaijan, Bosnia and Herzegovina, Estonia, Georgia, Latvia, Macedonia Former Yugoslavia Republic of, Moldova and Ukraine are omitted.

(3) There is inserted, at the appropriate place in alphabetical order, the following entries—

• “Bahrain”;

• “Burkina Faso”;

• “Djibouti”;

• “Equatorial Guinea”;

• “Gabon”;

• “Honduras”;

• “Indonesia”;

• “Japan”;

• “Kazakhstan”;

• “Kyrgyzstan”;

• “Lebanon”;

• “Mali”;

• “Mongolia”;

• “Morocco”;

• “Niger”;

• “Qatar”;

• “Saudi Arabia”;

• “Turkmenistan”.

A.K. Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends the Extradition (Torture) Order 1997 (“the 1997 Order”) which made provision in respect of the Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (“the Convention”) which is referred to in section 22(2)(g) of the Extradition Act 1989.

The amendments made by articles 2 and 3(2) in respect of Yugoslavia and Bosnia and Herzegovina are included as Yugoslavia as a State has ceased to exist. The other changes made by article 2(2) are to remove from Schedule 2 to the 1997 Order those States with which general extradition arrangements have been made. Article 2(3) adds to that Schedule those States which have become parties to the Convention and in relation to which Orders in Council under section 2 of the Extradition Act 1870 are in force. The other changes made by article 3(2) are to remove from Part I of Schedule 3 to the 1997 Order those States with which general extradition arrangements have now been made. Article 3(3) amends that Part to add those States which have now become parties to the Convention.

(1)

1989 c. 33; the powers in section 4 are extended by section 22(3).

(2)

S.I. 1997/1769.

(3)

1870 c. 52; the Act was repealed by the Extradition Act 1989 but with the savings in section 37 of the 1989 Act.