Assembly/AU/11 (XIII) Annex II Page 26   R4. Those Member States of the AU and EU which have persons suspected of serious crimes of international concern within their custody or territory should promptly institute criminal proceedings against these persons, unless they decide to extradite them to the state in the territory of which the relevant conduct is alleged to have occurred (the ‘territorial state’), the state of nationality of the suspect (the ‘suspect’s national state’) or the state of nationality of the victims (the ‘victims’ national state’) on the condition that the latter state is willing and able to conduct a fair trial consistent with international human rights standards and to ensure respect for the internationally-guaranteed human rights of detainees. R5. In order to help ensure respect for the rights of detainees, those Member States of the AU and EU which are states parties to the Convention against Torture 1984 should fully implement the Convention in their respective national legal orders. Those AU and EU Member States which have not yet become parties to the Convention should be encouraged to do so and to accept the right of individual communication to the UN Committee against Torture. R6. When exercising universal jurisdiction over serious crimes of international concern such as genocide, crimes against humanity, war crimes and torture, states should bear in mind the need to avoid impairing friendly international relations. R7. Where national criminal justice authorities have initiated investigations and collected compelling evidence of serious crimes of international concern allegedly committed abroad against non-nationals by non-nationals, and where the suspect is a foreign state official exercising a representative function on behalf of his or her state, these authorities should consider refraining from taking steps that might publicly and unduly expose the suspects, thereby discrediting and stigmatizing them, curtailing their right to be presumed innocent until found guilty by a court of law and hampering the discharge of their official functions. R8. Those national criminal justice authorities considering exercising universal jurisdiction over persons suspected of serious crimes of international concern are legally bound to take into account all the immunities to which foreign state officials may be entitled under international law and are consequently obliged to refrain from prosecuting those officials entitled to such immunities. R9. In prosecuting serious crimes of international concern, states should, as a matter of policy, accord priority to territoriality as a basis of jurisdiction, since such crimes, while offending against the international community as a whole by infringing universal values, primarily injure the community where they have been perpetrated and violate not only the rights of the victims but also the general demand for order and security in that community. In addition, it is within the territory of the state of alleged commission that the bulk of the evidence will usually be found. Version 31 March 09(FINAL)