Overview of anti-torture legislation in Latin America and the Caribbean  In Mexico, the new anti-torture law (2017) foresees different penalties ranging from 10 years to 20 years if the offender is a public actor and between 6 years to 12 years if the offender is a private actor. f. The criminalization of cruel, inhuman, or degrading treatment or punishment (CIDTP) States are free to criminalise CIDTP as a separate crime. However, if opting to do so, it is often recommended to keep the definition separate from the notion of torture77. The following examples illustrate the different approaches States have taken to criminalizing CIDTP:  Chile recognizes unlawful coercion and ill-treatment as offences under article 150 D of the Criminal Code. This article stipulates that ill-treatment and unlawful coercion should be understood as those acts that would not necessarily fall within the concept of torture. Penalties are foreseen up to 3 years.  In Colombia, the Criminal Code does not provide for a definition of CIDTP. Nevertheless, article 146 of the APT/CTI Guide on antitorture legislation Page: 25 Optional element National legislation criminalises cruel, inhuman or degrading treatment or punishment. Criminal Code imposes penalties (up to 15 years of imprisonment) for the commission of CIDTP during armed conflict. In addition, article 166 includes CIDTP as an aggravating circumstance in the crime of enforced disappearance and enforced displacement.  In Uruguay, Article 22.2 of Law N° 18 026 stipulates that CIDPT are acts of torture.  In Ecuador the infliction of CIDTP is limited to circumstances under armed conflict. The penalty is imprisonment up to 16 years.  In Mexico, the new anti-torture law provides that if any public official in the exercise of his/her functions, and as a measure of intimidation, punishment or for reasons based on discrimination, abuses, humiliates, degrades, or insults a person, the public official shall be punished with imprisonment. The crime of CIDTP bears a penalty of between 3 months to 3 years. 78 77 78 APT/CTI, Guide on anti-torture legislation, (2016), p. 26. Article 29, General Law to Prevent, Investigate and Punish Torture (2017). 16

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