re: "Pirates are People, Too'

Kevin Jon Heller at Opinio Juris ("reports, commentary, and debate on current developments and scholarship in the fields of international law and politics") quotes from and comments on a recent article.

Quote(s):

"I don't know whether a captured pirate could actually seek asylum, but I don't see why he wouldn't be protected by one of the various conventions — CAT, the ECHR, the Refugee Convention — against refoulement to a state that would likely torture him."

Is that supposed to happen before or after whomever captures the pirate hangs him (or her)?