Table of Contents
Acknowledgements 7
Introduction 9
How to use this guide?
Chapter 1 - Definition of torture
1. The Convention requires States parties to criminalise torture as
a separate and specific crime
9
11
12
2. The Convention requires States parties to define torture in a manner that,
at a minimum, adopts all the elements of article 1 of the Convention
12
The definition of torture - Four cumulative elements
13
The lawful sanctions clause
14
3. The Convention requires States parties to explicitly affirm the absolute
prohibition of torture; the defence of superior orders is to be excluded
17
4. States parties may consider defining torture to include non-state and
private actors
18
5. States parties may consider criminalising cruel, inhuman or degrading
treatment or punishment
19
6. The Convention requires State parties to penalise torture with
punishments commensurate to the gravity of the crime. The Committee
recommends that States parties penalise torture with punishments
ranging from a minimum of six years of imprisonment
20
Summary of the elements – Chapter 1 – Definition of torture
Primary elements
Recommended elements
Optional elements
22
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Chapter 2 – Modes of liability
23
7. The Convention requires States parties to criminalise the commission
and the attempt to commit torture, complicity in torture, other forms of
participation in torture, instigation of, and incitement to torture, as well
as acts by public officials that acquiesce or consent to torture
23
Summary of the elements – Chapter 2 – Modes of liability
Primary elements
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Chapter 3 – The exclusionary rule
27
8. The Convention requires States parties to explicitly exclude evidence
derived by torture in all proceedings
27
9. The Committee considers that the exclusionary rule is to be extended
to evidence derived by CIDTP
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3