Overview of anti-torture legislation in Latin America and the Caribbean
Figure 4. Penalties for committing the crime of torture (years of imprisonment)
35
30
30
25
Life imprisonment
25
20
15
10
25
25
22.5
20
15
8
5
10 10.6
8
2
4
5
10
3
2
15
12
10
4
5
10
10
10
7
6
AR
BO
8
5
8
BR
CL
CO
CR
DR
EC
Minimum years of sentence for torture
ES
GU HO MX
NI
8
5
1.6
0
0
AG
15
14
PA PM PE
UR
VE
Maximum years of sentence for torture
The chart below illustrates that harsher penalties for torture could be imposed under the
following aggravating factors: if the victim is found to be vulnerable, if torture inflicts
serious, permanent injuries, or when the crime resulted in the death of the victim.
Figure 5. Penalties for aggravating factors
Country
Bolivia
Aggravating factor
Injuries
Victim´s death
Brazil
Chile
Costa Rica
Colombia
Ecuador
Omissions
Death
Death (Homicide)
Rape
Public officer
Public officer
Vulnerability (disability, age, pregnancy)
When committed against journalist,
human rights defenders, public officials
(…)
Public officer
Intention to modify gender or gender
identity
Vulnerability ( age, disability, pregnancy)
Omission
Minimum and maximum
sentence for torture with
aggravating factors
2 years - 6 years
10 years
1 year – 4 years
8 years – 16 years
Qualified life imprisonment76
15 years- life imprisonment
5 years – 12 years
The penalty will increase by
1/3
Minimum and maximum
sentence for torture
2 years- 4 years
2 years – 8 years
5 years and 1 day – 10 years
5 years and 1 day – 10 years
3 years- 10 years
10.6 years-22.5 years
10 years to 13 years
7 years – 10 years
5 years – 7 years
Some States have varied penalties whether the direct commission of the crime was by a
public official, or through failures in due diligence. For instance:
In Brazil, the penalty increases when the offender is a public actor.
The Criminal Code of Honduras contains a mitigating factor when the responsible
offender is a private actor.
76
Qualified life imprisonment refers to life imprisonment for life in which the inmate does not have access to conditional
release, pardon or amnesty.
15