The Extradition (Torture) Order 1991

Article 4

SCHEDULE 4

PART I FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE

State	Date of entry into force of Convention
Afghanistan	26th June 1987
Algeria	12th October 1989
Brazil	28th October 1989
Bulgaria	26th June 1987
Cameroon	26th June 1987
China	3rd November 1988
Egypt	26th June 1987
Guinea	9th November 1989
Libya	15th June 1989
Philippines	26th June 1987
Senegal	26th June 1987
Somalia	23rd February 1990
Union of Soviet Socialist Republics (including the Byelorussian Soviet Socialist Republic and the Ukrainian Soviet Socialist Republic)	26th June 1987
Togo	18th December 1987
Tunisia	23rd September 1988

PART II APPLICATION OF THE 1989 ACT IN THE CASE OF A STATE MENTIONED IN PART I

1.  The 1989 Act shall have effect only in respect of–

(a) an offence mentioned in section 22(4)(g) of that Act;

(b) an attempt to commit such an offence;

(c) counselling, procuring, commanding, aiding or abetting such an offence; and

(d) being an accessory before or after the fact to such an offence.

2.  No proceeding shall be taken on an application for a provisional warrant issued under section 8(1)(b) of the 1989 Act, and no such warrant shall be issued, unless the application is made with the consent of the Secretary of State signified by an Order in the form set out in Part III of this Schedule or in a form to the like effect; but subject as aforesaid the signification of consent shall not affect the provisions of the said section 8.

3.—(1) Without prejudice to his so deciding on other grounds, the Secretary of State may, in the circumstances mentioned in the following sub-paragraph, decide not to make an order or issue a warrant–

(a) under section 7 of the 1989 Act (an authority to proceed), or

(b) under section 12 of the 1989 Act ordering the person to be returned, or

(c) for the purposes of paragraph 2 above signifying his consent to an application for a provisional warrant.

(2) The circumstances referred to in the preceding sub-paragraph are–

(a) that the Secretary of State is not satisfied that provision is made by the law of the State requesting the return under which a person accused or convicted in the United Kingdom of the like offence as that with which the person whose return is sought is accused or convicted might be surrendered to the United Kingdom if found in that State, or

(b) that the person whose return is sought is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person.

PART III

FORM OF CONSENT OF SECRETARY OF STATE TO APPLICATION FOR A PROVISIONAL WARRANT