Overview of anti-torture legislation in Latin America and the Caribbean  Latin American States Ten Latin American States guarantee the right to freedom from torture and ill-treatment in their national Constitutions.11 Other constitutions provide different approaches, for example:  In Chile12 and El Salvador13 the constitutions refer to the right to enjoy life and human integrity.  In Guatemala, Panama and Uruguay, the constitutions refer to the prohibition of moral and physical torture inside prison system.14  The Constitution of Argentina prohibits all forms of torture and whipping.15  In Costa Rica the Constitution expressly contains a prohibition against ill-treatment, yet there is no provision that expressly prohibits torture in the constitution.16 b. Specific anti-torture legislation In Latin America and the Caribbean, 5 States have enacted specific anti-torture laws:  Antigua and Barbuda (Suppression of Torture Act, 1993).  Brazil (Law N° 9 455, 1997).17  Mexico (General Law to Prevent, Investigate and Punish Torture, 2017).  Uruguay (Act N° 18 026 of Cooperation with the International Criminal Court to combat genocide, war crimes and crimes against humanity, 2006).  Venezuela (Special Law to Prevent and Punish Torture and Other Cruel, Inhuman or Degrading Treatment, 2013). c. Incorporation into existing legislation In the Americas, a number of States (14) have incorporated provisions into their existing legislation to make torture a crime. In Latin America, 13 States that include torture as a specific crime have amended their Criminal Codes to do so. Chile18 criminalised torture through the 2016 amendment to the Criminal Code. In 2017, the Criminal Code of Peru was amended to increase the penalties and to include in the definition of torture that the act must be inflicted with the intention to undermine the personality.19 11 Bolivia, Brazil, Colombia, Ecuador, Honduras, Mexico, Nicaragua, Paraguay, Peru and Venezuela. Constitution of Chile, Article 19.1. 13 Constitution of El Salvador, Article 2. 14 Constitution of Guatemala, Article 19; Constitution of Panama, Article 28; Constitution of Uruguay, Article 26. 15 Constitution of Argentina, Article 18. The Spanish version of the Constitution refers to “tormentos” and “azotes”. 16 Constitution of Costa Rica, Article 40. 17 The Law on Torture is applicable to the whole territory of Brazil, however, the crime of torture is not a federal crime and, accordingly, each State is responsible for applying the law and enforcing judicial sentences. (Report of the Special Rapporteur on torture on his mission to Brazil (26 January 2014). 18 National Congress of Chile, Law N° 20.968, (November 2016), available here: https://www.leychile.cl/Navegar?idNorma=1096847 19 Bicentennial Official Journal, legislative decree Nº 1351, (January 2017), available here: http://busquedas.elperuano.com.pe/normaslegales/decreto-legislativo-que-modifica-el-codigo-penal-a-fin-de-fodecreto-legislativo-n-1351-1471551-3/ 12 7