CAT/OP/CHL/1/Add.1 acting in an official capacity or at the instigation of or with the consent or acquiescence of a public official. 25. This new definition of torture is also innovative insofar as it includes severe pain or suffering of a sexual nature. In this way, it incorporates the gender perspective, taking into account issues that have been raised in international forums, such as the fact that sexual violence cannot be classed as purely physical or mental abuse and is generally committed against women. 26. Lastly, the new legislation provides for a severe penalty, commensurate with the nature of this offence, which is considered internationally to be one of the most serious crimes, and increases the period of limitation, in accordance with the recommendations of the Committee against Torture. The Government considers, however, that the nonapplicability of statutory limitations and amnesty provisions should remain limited to torture as a crime against humanity or a war crime, as provided for in Act No. 20357, and should not be extended to ordinary offences. 27. Article 150B has also been amended to include the offence of aggravated torture, which is defined as torture committed alongside the offences of murder, rape, aggravated assault, castration, mutilation, serious injury, very serious injury and injury that constitutes a quasi-offence, and provides for penalties that are proportional to the gravity of the offences in question. 28. Articles 150D, 150E and 150F, concerning unlawful coercion and other cruel, inhuman or degrading treatment, have also been added.18 The new provisions seek to punish those who are complicit in such offences and establish a higher penalty for offences committed against particularly vulnerable persons. The Act also amends article 255 of the Criminal Code, removing all references to unlawful coercion so as to avoid confusion between the offences concerned. acts were being committed and failed to prevent or stop the infliction of torture, despite having the capacity or authority to do so or being in a position to do so. The same penalty shall apply to any private individual who commits the acts referred to in this article, while acting in an official capacity, or at the instigation of or with the consent or acquiescence of a public official. Torture shall mean any act by which severe pain or suffering, whether physical, sexual or mental, is intentionally inflicted on a person for such purposes as obtaining information, a statement or a confession from him or a third person, punishing him for an act he has committed or is suspected of having committed, or intimidating or coercing him, or for any reason based on discrimination, on grounds such as ideology, political views, religion, beliefs, nationality, race, ethnicity, social group, sex, sexual orientation, gender identity, age, filiation, personal appearance, state of health or disability. 18 Torture shall also mean the use of methods intended to obliterate the personality of the victim or to diminish his will or his capacity to make judgments or decisions, for any of the purposes mentioned in the previous paragraph. These acts shall be punishable by the maximum duration of medium-term rigorous imprisonment.” Article 150D reads as follows: “Any public official who abuses his or her position or role by inflicting, instigating or consenting to the infliction of unlawful coercion or other cruel, inhuman or degrading treatment which does not amount to torture shall be sentenced to medium-term rigorous imprisonment, of medium to maximum duration, and the corresponding accessory penalty. The same penalty shall be imposed on any public official who was aware that such acts were being committed and failed to prevent or stop the infliction of unlawful coercion or other cruel, inhuman or degrading treatment, despite having the capacity or authority to do so or being in a position to do so. If the offences described in the previous paragraph are committed against a minor or a person in a vulnerable situation on account of disability, illness or old age, or against a person who is under the care, custody or control of the public official, the penalty shall be increased by one degree. Discomfort or suffering arising only from, inherent in or incidental to lawful sanctions, or arising from a legitimate act of authority, shall not be considered unlawful coercion or other cruel, inhuman or degrading treatment. Without prejudice to the above provisions, if the acts constitute one or several offences of a more serious nature, the penalty applicable to those offences shall apply.” 8 GE.17-07762