[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR95.2]

[Page 389]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 95_IMPLEMENTATION OF TORTURE CONVENTION IN EXTRADITION CASES--Table of 
 
Sec.  95.2  Application.

    (a) Article 3 of the Convention imposes on the parties certain 
obligations with respect to extradition. That Article provides as 
follows:
    (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.
    (b) Pursuant to sections 3184 and 3186 of Title 18 of the United 
States Criminal Code, the Secretary is the U.S. official responsible for 
determining whether to surrender a fugitive to a foreign country by 
means of extradition. In order to implement the obligation assumed by 
the United States pursuant to Article 3 of the Convention, the 
Department considers the question of whether a person facing extradition 
from the U.S. ``is more likely than not'' to be tortured in the State 
requesting extradition when appropriate in making this determination.