Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section D. Political offence exception to extradition
In 2007, in its initial report to the Committee against Torture, Chad stated:
170. On the specific subject of refugees, article 46 of the Constitution states that: “The right of asylum is granted to foreign nationals within the conditions determined by law. The extradition of political refugees is prohibited.”
186. There are several instruments governing extradition in Chad, namely the Code of Criminal Procedure, the General Agreement of 12 September 1961 on Cooperation in Judicial Matters and the Franco-Chadian agreement (No. 138/CSM of 6 March 1976) on mutual legal assistance.
187. These instruments govern the conditions and effects of extradition and the procedures to be followed and, more generally speaking, cases in which extradition is not permitted.
188. Under article 447 of the Criminal Code, no extradition is permitted:
- When the crime or offence is of a political nature, or when it is apparent from the circumstances that extradition is being requested for political ends;
189. Similarly, article 44 of the 1961 General Convention does not permit extradition if the requested State considers that the offence in respect of which extradition is requested is of a political nature or related to an offence of that nature.
190. In the Franco-Chadian agreement the grounds given for rejection (fin de non-recevoir) of a request for extradition include the political nature of the offence concerned or a connection with such an offence.
191. By clearly stipulating, both in its legislation and through these two agreements (multilateral and bilateral), that political refugees may not be extradited, Chad protects such persons from trials which would be unfair and expose them to the risk of torture where political repression is particularly severe.
192. This protection even extends to extradited persons whose journey takes them through Chadian territory. Article 467 of the Code of Criminal Procedure provides that: “Extradition involving transit of a person of any nationality, handed over by another government, through Chadian territory, or by vessels of the Chadian maritime services, shall be authorized on request received through diplomatic channels accompanied by documentation necessary to establish that the crime is not of a political nature.”