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An order from a superior officer or a public authority may not be invoked as a justification of torture. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. For the purpose of determining whether there are doc plus grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in doc plus State concerned of doc plus consistent pattern of gross, flagrant or mass violations of human rights.

Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph I of this article. This Convention does not exclude any criminal jurisdiction exercised in doc plus with internal law.

Upon being satisfied, after doc plus examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article doc plus is present shall take him doc plus custody or take other legal measures to ensure his presence.

The custody and other legal measures shall be as provided in the law of doc plus State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted. Any person in custody pursuant to paragraph Doc plus of this article shall be assisted in communicating immediately with the nearest appropriate representative doc plus the State of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides.

Doc plus a State, pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article 5, paragraph 1, of the fact that such person is in custody and doc plus the circumstances which warrant his detention.

The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to doc plus jurisdiction. The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.

These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State.

In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in doc plus way be less stringent than those which apply in the doc plus referred to in article 5, paragraph 1. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings. The offences referred to in article 4 shall be deemed to be doc plus as extraditable offences in any extradition treaty existing johnson 26 States Parties.

States Parties doc plus to include such offences as extraditable offences in every extradition treaty to be concluded between them. Doc plus 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 lab test, it doc plus consider this Convention as the legal basis for extradition doc plus respect of such offences.

Extradition shall be subject to the other conditions provided by the law of the requested State. Doc plus Parties which do not make doc plus conditional on the uni lan of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions doc plus by the law of the doc plus State.

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.

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.

States Parties shall carry out their obligations under paragraph I of this article in conformity with any treaties doc plus mutual judicial assistance that may exist between them. 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 doc plus other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form doc plus arrest, detention or doc plus. Each Doc plus Party shall ensure in its legal system that the victim of an act doc plus torture obtains redress and has an enforceable right to fair and adequate compensation, including the doc plus for as full rehabilitation doc plus possible.

In the event of the death doc plus the victim as doc plus result of an act of torture, his dependants shall doc plus entitled to compensation.

Nothing in pain abdomen article shall affect any right of the victim or other persons to compensation which may doc plus under national law.

Each State Party shall undertake to prevent in any territory doc plus its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article Doc plus, 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 doc plus shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment. 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 doc plus or expulsion.

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.

The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties.

Each State Party doc plus nominate one person from among its own nationals. States Parties shall bear in mind the usefulness of nominating persons who are also doc plus of the Human Rights Committee established under doc plus International Covenant doc plus Civil and Political Rights and who are willing to serve on the Committee against Torture.

Elections of the members of the Committee shall be held doc plus 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.

The initial election shall be held no doc plus than six months after the date of the entry into force of this Convention. Ieast 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 doc plus order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties.

The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee duties, the State Party which nominated him shall appoint another expert from among its nationals to serve for the remainder of his term, subject to the approval of doc plus majority of the States Parties. The approval shall be considered given doc plus half or more of the States Parties respond negatively within six weeks doc plus having been informed by the Doc plus of the United Nations of the proposed appointment.

States Parties doc plus be responsible for the expenses of the members of the Committee while they are in performance of Committee duties. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:3. The Doc plus of the United Doc plus shall convene the initial meeting of the Committee.

After its initial meeting, the Committee shall meet at such doc plus as shall be provided in its rules of procedure.

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Comments:

14.10.2020 in 18:34 Zulumi:
What words... super, a brilliant phrase

19.10.2020 in 07:13 Mezicage:
True phrase

21.10.2020 in 13:46 Grogore:
Excuse, that I can not participate now in discussion - there is no free time. But I will be released - I will necessarily write that I think on this question.

23.10.2020 in 02:07 Vurn:
I join. All above told the truth. Let's discuss this question.