Page 181 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

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

Article 3

1. 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.

2. For the purpose of determining whether there are such grounds, the competent authorities shall
take into account all relevant considerations including, where applicable, the existence in the State
concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

Article 4

1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same
shall apply to an attempt to commit torture and to an act by any person which constitutes complicity
or participation in torture. 2. Each State Party shall make these offences punishable by appropriate
penalties which take into account their grave nature.

Article 5

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the
offences referred to in article 4 in the following cases: (a) When the offences are committed in any
territory under its jurisdiction or on board a ship or aircraft registered in that State;

(b) When the alleged offender is a national of that State;

(c) When the victim is a national of that State if that State considers it appropriate.

2. 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.

3. This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.

Article 6

1. Upon being satisfied, after an 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 4 is present shall take him into custody or take other legal measures to ensure his presence.
The custody and other legal measures shall be as provided in the law of that State but may be
continued only for such time as is necessary to enable any criminal or extradition proceedings to be
instituted.

2. Such State shall immediately make a preliminary inquiry into the facts.

3. Any person in custody pursuant to paragraph I of this article shall be assisted in communicating
immediately with the nearest appropriate representative of 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.

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 7