Overview of anti-torture legislation in Latin America and the Caribbean
In Mexico, the anti-torture law provides that in cases of sexual violence against
women, the examination will be done by a female or male gynecologist according to
the victim´s choice.58
In addition to those States that have criminalised violent acts by private or non-State actors
as torture or ill-treatment as detailed in c) below, States have taken explicit actions to
overcome specific forms of gendered violence that may amount to torture in specific
circumstances, such as domestic violence59, through specific legislation. For instance, in
2010, Grenada adopted the Domestic Violence Act and the National Domestic Violence and
Sexual Abuse Protocol in 2011.60 Also in 2010, Guyana enacted the Sexual Offences Act and
launched a national policy on domestic violence.61
c. Non-state and private actors
As already noted, UNCAT´s definition of torture contains a nexus between the pain or
suffering and State or quasi-State authorities. However, some States when criminalising
torture have recognized that the crime of torture may be committed by non-state or private
actors, without a nexus to a State or quasi-State entities.62 Examples from the region that
recognize the responsibility of private individuals and non-state actors include:
Argentina63, Brazil64, Honduras65, Mexico66 and Venezuela criminalise torture
committed by private actors.
The Criminal Code of Guatemala criminalises torture committed by members of
organized groups or gangs having terrorist, insurgent or subversive purposes or any
other criminal purpose.
d. Modes of liability
In order to combat impunity for acts of torture, or that permit torture, national laws must
include modes of liability beyond the direct commission of the offence.67 In articles 1 and 4
of the UNCAT, responsibility for torture includes infliction, instigation, consent,
57
Ecuador, Criminal Code , Article 48, available at: http://www.justicia.gob.ec/wpcontent/uploads/2014/05/c%C3%B3digo_org%C3%A1nico_integral_penal_-_coip_ed._sdn-mjdhc.pdf (last accessed in
January 2017).
58
Article 41, General Law to Prevent, Investigate and Punish Torture (2017).
59
UN, Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment,
Manfred Nowak, UN DOC A/HRC/7/3 § 73.
60
CEDAW, Concluding observations of the Committee on the Elimination of Discrimination against Women Grenada, Doc
CEDAW/C/GRD/CO/1-5 (23 March 2012), § 23.
61
CEDAW, Concluding observations of the Committee on the Elimination of Discrimination against Women Guyana, Doc
CEDAW/C/GUY/CO/7-8 (July 2012).
62
APT-CTI Anti torture guide, p. 24.
63
Argentina, Article 144 (3) (1) Criminal Code of Argentina.
64
Brazil, Law N° 9 455, 1997.
65
Honduras, Article 209-A Criminal Code of Honduras (1983).
66
Mexico, Article 25, General Law to Prevent, Investigate and Punish Torture (2017).
67
APT/CTI, op cit, p. 32.
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