---
kind: "section"
citation: "22 C.F.R. § 95.2"
title: "22"
number: "95.2"
heading: "Application."
url: "https://uscodex.org/cfr/22/95.2"
---

# §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](/cfr/18.md) 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.

## Notes

### Authority

Authority: 18 U.S.C. 3181 et seq.; Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

### Source

Source: 64 FR 9437, Feb. 26, 1999, unless otherwise noted.