ODIHR Opinion on Definition of Torture and its Absolute Prohibition in Polish Legislation ANNEX II: EXAMPLES OF THE DEFINITION OF TORTURE The examples below note the definition of torture as contained in different criminal laws, however, these do not represent any specific definition endorsed by ODIHR. In addition, it should not be assumed that other core requirements of the prohibition of torture and other illtreatment were met by the given countries. Criminal Code of Canada Article 269.1 – Torture (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. (2) For the purposes of this section, official means (a) a peace officer, (b) a public officer, (c) a member of the Canadian Forces, or (d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c), whether the person exercises powers in Canada or outside Canada; Torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person (a) for a purpose including (i) obtaining from the person or from a third person information or a statement, (ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and (iii) intimidating or coercing the person or a third person, or(b) for any reason based on discrimination of any kind, but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions. See also CAT concluding observation where it positively notes that the definition of torture in the Canadian Criminal Code is in accordance with the definition contained in article 1 of the Convention. The Criminal Code of Finland Section 9(a) – Torture (990/2009) 1. If a public official causes another strong physical or mental suffering (1) in order to get him or her or another person to confess or to provide information, (2) in order to punish him or her for something that he or she or some other person has done or is suspected of having done, (3) in order to frighten or coerce him or her or another person, or (4) on the basis of race, national or ethnic origin, skin colour, language, gender, age, family relations, sexual orientation, inheritance, incapacity, state of health, religion, political opinion, political or vocational activity or other corresponding grounds, he or she shall be sentenced for torture to imprisonment for at least two and at most twelve years and in addition to removal from office. 2. Also a public official who explicitly or implicitly approves an act referred to in subsection 1 committed by a subordinate or by a person who otherwise is factually under his or her authority and supervision shall also be sentenced for torture. 3. An attempt is punishable. 4. The provisions in this section regarding public officials apply also to persons performing a public fiduciary function and to a person exercising public power and, 16