Extradition (Commonwealth and Foreign Territories)

CHAPTER 12:04 EXTRADITION (COMMONWEALTH AND FOREIGN TERRITORIES) ACT

An Act to repeal and replace the Extradition Act, the French Guiana Extradition Act, the Venezuela Extradition Act and the applied United Kingdom Acts entitled the Fugitive Offenders Act, 1881 and the Extradition Acts, 1870 to 1906

[31ST JANUARY 1986]

PART III
EXTRADITION FROM TRINIDAD AND TOBAGO


6. Extraditable offences.
(4) An offence constituted by conduct, whether in Trinidad and Tobago or not, that is of a kind over which Contracting States to an international Convention to which Trinidad and Tobago is a party are required by that Convention to establish jurisdiction, and which jurisdiction Trinidad and Tobago has so established, is an extraditable offence for the purpose of this Act .

CHAPTER 11:20

GENOCIDE ACT

An Act to give effect to the Genocide Convention.

[31ST JANUARY 1977]

1. This Act may be cited as the Genocide Act.

2. In this Act “the Genocide Convention” means the Convention on the Prevention and Punishment of the Crime of Genocide approved by the General Assembly of the United Nations on 9th December 1948.

3. (1) A person who commits any act falling within the definition of “genocide” in Article II of the Genocide Convention as set out in the Schedule is liable on conviction on indictment—

PART I
PRELIMINARY

3. The purpose of this Act is—
(a) to make provision in Trinidad and Tobago law for the punishment of certain international crimes, namely, genocide, crimes against humanity and war crimes; and

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

Jurisdiction to Try International Crimes
8. (1) Proceedings may be brought for an offence—

(a) against section 9 or 10, if the act
constituting the offence charged is alleged
to have occurred—
(i) on or after the commencement of this section; or
(ii) on or after the applicable date but before the commencement of this section, and would have been an offence under the law of Trinidad and Tobago in force at the time the act occurred, had it occurred in Trinidad and Tobago;

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Jurisdiction in respect of international crimes

Jurisdiction to Try International Crimes
8. (1) Proceedings may be brought for an offence—

(c) against section 9, 11 or 19 regardless of—
(i) the nationality or citizenship of the person accused;
(ii) whether or not any act forming part of the offence occurred in Trinidad and Tobago; or
(iii) whether or not the person accused was in Trinidad and Tobago at the time that the act constituting the offence occurred or at the time a decision was made to charge that person with an offence.

PART II INTERNATIONAL CRIMES AND OFFENCES AGAINST
ADMINISTRATION OF JUSTICE

International Crimes

9. (1) Every person is liable on conviction on indictment to the penalty specified in subsection (3) who, in Trinidad and Tobago or elsewhere—
(a) commits genocide; or
(b) conspires or agrees with any person to commit genocide, whether that genocide takes place in Trinidad and Tobago or else¬where.

(2) For the purposes of this section, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) killing members of the group ;
(b) causing serious bodily or mental harm to members of the group ;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part ;
(d) imposing measures intended to prevent births within the group; or
(e) forcibly transferring children of the group to another group.

(3) The penalty for genocide, or conspiring with, or agreeing with any person to commit genocide is—
(a) if the offence involves the wilful killing of a person, the same as the penalty for murder; and
(b) in any other case, imprisonment for life or a lesser term