A/HRC/1/L.10
page 39
political offence or as an offence inspired by political motives. Accordingly, a request for
extradition based on such an offence may not be refused on these grounds alone.
2.
The offence of enforced disappearance shall be deemed to be included as an extraditable
offence in any extradition treaty existing between States Parties before the entry into force of
this convention.
3.
States Parties undertake to include the offence of enforced disappearance as an
extraditable offence in any extradition treaty subsequently to be concluded between them.
4.
If 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 treaty, it may
consider this Convention as the necessary legal basis for extradition in respect of the offence of
enforced disappearance.
5.
States Parties which do not make extradition conditional on the existence of a treaty shall
recognize the offence of enforced disappearance as an extraditable offence between themselves.
6.
Extradition shall, in all cases, be subject to the conditions provided for by the law of the
requested State Party or by applicable extradition treaties, including, in particular, conditions
relating to the minimum penalty requirement for extradition and the grounds upon which the
requested State Party may refuse extradition or make it subject to certain conditions.
7.
Nothing in this Convention shall be interpreted as imposing an obligation to extradite if
the requested State Party has substantial grounds for believing that the request has been made for
the purpose of prosecuting or punishing a person on account of that person’s sex, race, religion,
nationality, ethnic origin, political opinions or membership of a particular social group, or that
compliance with the request would cause harm to that person for any one of these reasons.
Article 14
1.
States Parties shall afford one another the greatest measure of mutual legal assistance
in connection with criminal proceedings brought in respect of an offence of enforced
disappearance, including the supply of all evidence at their disposal that is necessary for
the proceedings.
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