Inter‐American Convention to Prevent and Punish Torture
b.
A person who at the instigation of a public servant or employee mentioned in
subparagraph (a) orders, instigates or induces the use of torture, directly commits it
or is an accomplice thereto.
Article 4
The fact of having acted under orders of a superior shall not provide exemption from the
corresponding criminal liability.
Article 5
The existence of circumstances such as a state of war, threat of war, state of siege or of
emergency, domestic disturbance or strife, suspension of constitutional guarantees, domestic political
instability, or other public emergencies or disasters shall not be invoked or admitted as justification for
the crime of��torture.
Neither the dangerous character of the detainee or prisoner, nor the lack of security of the
prison establishment or penitentiary shall justify torture.
Article 6
In accordance with the terms of Article 1, the States Parties shall take effective measures to
prevent and punish torture within their jurisdiction.
The States Parties shall ensure that all acts of torture and attempts to commit torture are
offenses under their criminal law and shall make such acts punishable by severe penalties that take into
account their serious nature.
The States Parties likewise shall take effective measures to prevent and punish other cruel,
inhuman, or degrading treatment or punishment within their jurisdiction.
Article 7
The States Parties shall take measures so that, in the training of police officers and other
public officials responsible for the custody of persons temporarily or definitively deprived of their
freedom, special emphasis shall be put on the prohibition of the use of torture in interrogation,
detention, or arrest.
The States Parties likewise shall take similar measures to prevent other cruel, inhuman, or
degrading treatment or punishment.
Article 8
The States Parties shall guarantee that any person making an accusation of having been
subjected to torture within their jurisdiction shall have the right to an impartial examination of his case.
Likewise, if there is an accusation or well‐grounded reason to believe that an act of torture has
been committed within their jurisdiction, the States Parties shall guarantee that their respective
authorities will proceed properly and immediately to conduct an investigation into the case and to
initiate, whenever appropriate, the corresponding criminal process.
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