A/HRC/13/39/Add.4 Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the Robben Island Guidelines) adopted in 2002 by the African Commission on Human and Peoples’ Rights. C. National level 12. Many of the laws and decrees on which Equatorial Guinea’s legal order is based, date prior to its independence and were declared applicable by Decree No. 4/80 of 3 April 1980. Some legal acts therefore remain in force, such as the Code of Military Justice of 17 July 1945, the Spanish Criminal Procedure Act (CPA) of 1882, and the Spanish Penal Code of 1965, without any thorough assessment having been made to determine whether they are compatible with the current Constitution and the laws adopted since 1995. 1. Constitution of the Republic of Equatorial Guinea 13. According to article 5 of the Constitution of 17 January 1996, the principles that govern the society of Equatorial Guinea are, inter alia, the respect of the individual, his/her dignity, freedom and other fundamental rights. Article 8 provides that the State shall endeavour to follow the principles of international law and shall reaffirm its commitment to the rights and obligations enshrined in the instruments of international organizations and bodies of which Equatorial Guinea is a member. Article 13 guarantees a wide range of civil and political rights and a number of economic, social and cultural rights. 2. Prohibition of torture in national legislation Constitutional guarantees for the prohibition of torture 14. The Constitution of Equatorial Guinea does not contain an explicit prohibition of torture but rather provides for the right of every citizen to the respect of his or her person, life, integrity and physical and moral dignity (article 13(a)). The principle of the respect for human dignity is enshrined in article 5 (1) as well as article 14 of the Constitution. Provisions criminalizing torture and other cruel, inhuman or degrading treatment or punishment 15. On 2 November 2006, Act No. 6/2006 on the Prevention of and Disciplinary Measures against Torture came into effect. According to its article 3, a public official acting in this capacity commits an act of torture if he or she inflicts physical or psychological pain or suffering on a person, for the purposes of investigating a crime or offence to obtain information or a confession from the person, or from a third person as a means of intimidation, as punishment for an act committed or an omission, or is suspected of having committed, or coercion to make him or her do or stop a certain conduct, or for any other purpose. Neither urgency for investigative or other reasons, nor the order from a superior or any other authority may be invoked as a justification for the use of torture. 16. Article 4 contains a legal sanctions clause by which physical or mental pain inherent in legal punishments do not fall under the definition of torture. According to the same article, acts constituting cruel, inhuman or degrading treatment or punishment that do not meet all the criteria of the definition of torture are covered by the law, if committed by a civil servant or a person acting in official capacity, or at the instigation, with the consent or acquiescence of a civil servant. The punishments for such crimes, according to article 5, are prison terms between six months and six years, a fine of 300.000 CFA and a ban from holding public office for twice the period of imprisonment. In the event of re-offence, the ban becomes permanent. The same punishment is foreseen in case a public servant incites, orders, forces or authorizes a third person or makes use of him or her to inflict serious pain or suffering on a person, whether physical or psychological; or does not prevent such pain 7