A/RES/52/164
Page 6
3. Any person regarding whom the measures referred to in paragraph 2 of the present article are being taken
shall be entitled to:
(a) Communicate without delay with the nearest appropriate representative of the State of which that
person is a national or which is otherwise entitled to protect that person’s rights or, if that person is a stateless
person, the State in the territory of which that person habitually resides;
(b) Be visited by a representative of that State;
(c) Be informed of that person’s rights under subparagraphs (a) and (b).
4. The rights referred to in paragraph 3 of the present article shall be exercised in conformity with the laws
and regulations of the State in the territory of which the offender or alleged offender is present, subject to
the provision that the said laws and regulations must enable full effect to be given to the purposes for which
the rights accorded under paragraph 3 are intended.
5. The provisions of paragraphs 3 and 4 of the present article shall be without prejudice to the right of any
State Party having a claim to jurisdiction in accordance with article 6, subparagraph 1 (c) or 2 (c), to invite
the International Committee of the Red Cross to communicate with and visit the alleged offender.
6. When a State Party, pursuant to the present article, has taken a person into custody, it shall immediately
notify, directly or through the Secretary-General of the United Nations, the States Parties which have
established jurisdiction in accordance with article 6, paragraphs 1 and 2, and, if it considers it advisable, any
other interested States Parties, of the fact that that person is in custody and of the circumstances which
warrant that person’s detention. The State which makes the investigation contemplated in paragraph 1 of the
present article shall promptly inform the said States Parties of its findings and shall indicate whether it intends
to exercise jurisdiction.
Article 8
1. The State Party in the territory of which the alleged offender is present shall, in cases to which article 6
applies, if it does not extradite that person, be obliged, without exception whatsoever and whether or not the
offence was committed in its territory, to submit the case without undue delay to its competent authorities
for the purpose of prosecution, through proceedings in accordance with the laws of that State. Those
authorities shall take their decision in the same manner as in the case of any other offence of a grave nature
under the law of that State.
2. Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of
its nationals only upon the condition that the person will be returned to that State to serve the sentence
imposed as a result of the trial or proceeding for which the extradition or surrender of the person was sought,
and this State and the State seeking the extradition of the person agree with this option and other terms they
may deem appropriate, such a conditional extradition or surrender shall be sufficient to discharge the
obligation set forth in paragraph 1 of the present article.
Article 9
1. The offences set forth in article 2 shall be deemed to be included as extraditable offences in any
extradition treaty existing between any of the States Parties before the entry into force of this Convention.
States Parties undertake to include such offences as extraditable offences in every extradition treaty to be
subsequently concluded between them.
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