Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 47
Paragraphe- Paragraph text
- Article 5 (2) establishes the obligation to bring perpetrators to justice (to investigate, prosecute and punish) under the universal jurisdiction principle, requiring that each State party must take the measures necessary to establish its jurisdiction over relevant offences in cases where the alleged offender is present in "any territory under its jurisdiction" and it does not extradite him or her. The clause "any territory under its jurisdiction" clearly refers to the alleged offender's presence in any territory under the State's jurisdiction at the time of prospective apprehension, as opposed to denoting the locus of the act of torture. The latter would be an implausible, textually unfounded interpretation and would defeat the Convention's object and purpose. As explained by Danelius, discussions during the drafting process: Centred round the concept of so-called universal jurisdiction [and] whether each State should undertake … to assume jurisdiction not only based on territory or the offender's nationality but also over acts of torture committed outside its territory by persons not being its nationals. The principle of universal jurisdiction - which had already been accepted in conventions against hijacking of aircraft and other terrorist acts - was eventually accepted and found its place in article 5(2).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2015
- Type de paragraphe
- Other
- Paragraph number
- 47
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