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The Extradition (Torture) Order 1988

S.I. 1988/2247 · Made 21 December 1988

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

FUGITIVE CRIMINAL

Made 21st December 1988

Laid before Parliament 6th January 1989

Coming into force 7th January 1989

At the Court at Buckingham Palace, the 21st day of December 1988

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Convention”) adopted by the General Assembly of the United Nations on 10th December 1984, the terms of which are set out in Schedule 1 to this Order, will enter into force for the United Kingdom on 7th January 1989:

And whereas the States mentioned in Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and with which extradition arrangements are in force:

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 2 and 17 of the Extradition Act 1870f1 and section 138(2) of the Criminal Justice Act 1988f2, or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1870 c. 52.

f2

1988 c. 33.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. Signature
  6. Schedule 1CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
  7. Part I
  9. 1Paragraph 1
  10. 2Paragraph 2
  12. 3Paragraph 3
  17. 4Paragraph 4
  22. Article 11
  23. Article 12
  24. Article 13
  26. Article 15
  27. Part II
  29. 5Paragraph 5
  30. 6Paragraph 6
  31. 7Paragraph 7
  36. 8Paragraph 8
  37. Article 23
  38. Article 24
  39. Part III
  41. Article 26
  47. Article 32
  48. Article 33
  49. Schedule 2FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH EXTRADITION TREATIES ARE IN FORCE
  50. Schedule 3TERRITORIES TO WHICH THIS ORDER EXTENDS
  51. Explanatory note

1

This Order may be cited as the Extradition (Torture) Order 1988 and shall come into force on 7th January 1989.

2

In this Order any reference to the Extradition Acts is a reference to the Extradition Acts 1870 to 1895f1.

3

The Extradition Acts shall apply in the case of a State mentioned in Schedule 2 to this Order under and in accordance with the extradition treaties described in the second column of that Schedule as supplemented by Article 3 and paragraphs 1 and 4 of Article 8 of the Convention (set out in Schedule 1 to this Order) which entered into force for those States on the dates specified in the third column of the said Schedule 2.

4

The operation of this Order is limited to the United Kingdom, and the Territories specified in Schedule 3 to this Order.

Signature

G. I. de Deney

Clerk of the Privy Council

Schedule 1CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

The States Parties to this Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that those rights derive from the inherent dignity of the human person,

Considering the obligation of States under the Charter, in particular article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms,

Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,

Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975,

Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world,

Have agreed as follows:

1

For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2

This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

3

An order from a superior officer or a public authority may not be invoked as a justification of torture.

4

When 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 of 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 exercise jurisdiction.

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 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

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 these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3 of this article.

6

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 the majority of the States Parties. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment.

7

States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties.

8

The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party has made a new declaration.

Article 23

The members of the Committee and of thead hoc conciliation commissions which may be appointed under article 21, paragraph 1(e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 24

The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.

Article 26

This Convention is open to accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article 32

The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following: aSignatures, ratifications and accessions under articles 25 and 26;bThe date of entry into force of this Convention under article 27 and the date of the entry into force of any amendments under article 29;cDenunciations under article 31.

Article 33

This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

Schedule 2FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH EXTRADITION TREATIES ARE IN FORCE

StateDate of Extradition TreatyDate of Entry into Force of Convention
Argentina22nd May 188926th June 1987
Austria9th January 196328th August 1987
Chile26th January 189730th October 1988
Czechoslovakia11th November 19246th August 1988
Denmark31st March 187326th June 1987
Ecuador20th September 188029th April 1988
France14th August 187626th June 1987
Greece24th September 19105th November 1988
Hungary3rd December 187326th June 1987
Luxembourg24th November 188029th October 1987
Mexico7th September 188626th June 1987
Norway26th June 187326th June 1987
Panama25th August 190623rd September 1987
Peru26th January 19046th August 1988
Spain22nd July 198520th November 1987
Sweden26th April 196326th June 1987
Switzerland26th November 188026th June 1987
Uruguay26th March 188426th June 1987

Schedule 3TERRITORIES TO WHICH THIS ORDER EXTENDS

  • Anguilla

  • Cayman Islands

  • Falkland Islands

  • Gibraltar

  • Montserrat

  • Pitcairn, Henderson, Ducie and Oeno Islands

  • St Helena

  • St Helena Dependencies

  • Turks and Caicos Islands

  • Virgin Islands

Explanatory note

(This note is not part of the Order)

This Order applies the Extradition Acts 1870 to 1895 so as to make extraditable the offence described in section 134 of the Criminal Justice Act 1988 and an attempt to commit such an offence, in the case of States Parties to the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10th December 1984 with which extradition treaties are in force.