Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
In 2002, in its third periodic report to the Committee against Torture, Chile stated:
Chile has included in bilateral extradition treaties which have been concluded or have entered into force since 1994, clauses in which offences relating to torture are incorporated as extraditable offences. These treaties are listed below:
(b) Treaty on extradition and judicial assistance in criminal matters between the Republic of Chile and the Kingdom of Spain, which was concluded on 14 April 1992 and entered into force in January 1995. In article 5, this treaty excludes extradition for political or related offences, which will not include “war crimes and crimes committed against peace and the security of mankind, in conformity with international law”;
(c) Extradition treaty between the Republic of Chile and Australia, which was signed on 6 October 1993 and entered into force in January 1996. In article IV relating to exceptions to extradition, the treaty excludes extradition for political offences, among which “war crimes and crimes committed against peace and the security of mankind, in conformity with international law” are not included.
According to the Report on the Practice of Chile (1997), Chilean law does not, in general, prohibit the extradition of Chilean nationals.
In 1968, during a debate in the Third Committee of the UN General Assembly on the question of the punishment of war criminals and of persons who have committed crimes against humanity, Chile stated: “The principle whereby the requested State was not bound to accede to the extradition of its own nationals was recognized by only a minority of States in international law.”