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4. Each State Party shall take the necessary measures to prevent and sanction acts that

hinder the conduct of an investigation. It shall ensure in particular that persons

suspected of having committed an offence of enforced disappearance are not in a

position to influence the progress of an investigation by means of pressure or acts of

intimidation or reprisal aimed at the complainant, witnesses, relatives of the

disappeared person or their defence counsel, or at persons participating in the

investigation.

Article 13

1. For the purposes of extradition between States Parties, the offence of enforced

disappearance shall not be regarded as a political offence or as an offence connected

with a political offence or as an offence inspired by political motives. Accordingly, a

request for extradition based on such an offence may not be refused on these grounds

alone.

2. The offence of enforced disappearance shall be deemed to be included as an

extraditable offence in any extradition treaty existing between States Parties before the

entry into force of this Convention.

3. States Parties undertake to include the offence of enforced disappearance as an

extraditable offence in any extradition treaty subsequently to be concluded between

them.

4. If a State Party which makes extradition conditional on the existence of a treaty

receives a request for extradition from another State Party with which it has no

extradition treaty, it may consider this Convention as the necessary legal basis for

extradition in respect of the offence of enforced disappearance.

5. States Parties which do not make extradition conditional on the existence of a treaty

shall recognize the offence of enforced disappearance as an extraditable offence

between themselves.

6. Extradition shall, in all cases, be subject to the conditions provided for by the law of

the requested State Party or by applicable extradition treaties, including, in particular,

conditions relating to the minimum penalty requirement for extradition and the

grounds upon which the requested State Party may refuse extradition or make it

subject to certain conditions.

7. Nothing in this Convention shall be interpreted as imposing an obligation to

extradite if the requested State Party has substantial grounds for believing that the

request has been made for the purpose of prosecuting or punishing a person on

account of that person’s sex, race, religion, nationality, ethnic origin, political opinions or membership of a particular social group, or that compliance with the

request would cause harm to that person for any one of these reasons.

II SÉRIE-A — NÚMERO 168_____________________________________________________________________________________________________________

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