Overview of anti-torture legislation in Latin America and the Caribbean
Introduction
In April 2017, the Convention against Torture Initiative (CTI) convened a Regional Seminar,
“Implementing the UN Convention against Torture in Latin America3 and the Caribbean4:
Sharing experiences of national legislative and institutional frameworks” in Santiago de
Chile. During the seminar, twenty-two States from Latin America and the Caribbean
gathered, to exchange information and experiences on the adoption of comprehensive antitorture legislation in accordance with the UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (UNCAT) and related regional instruments.
An earlier version of this document was drafted for the Convention against Torture Initiative
(CTI) by the Association for the Prevention of Torture (APT) and aimed to inform discussions
during the seminar. It has been updated in October 2017 in order to reflect new
developments in the region, in particular the entry into force of the Mexican Anti-torture law
in June 2017.
The document provides a structured overview of legislation, and different institutional
frameworks, regarding the prohibition against torture and ill-treatment as implemented in
31 States5. This research covers 14 Caribbean States and 17 Latin American States that have
different legal systems (civil and common law). It hopes to provide to States, and other
stakeholders including National Human Rights Institutions, National Preventive Mechanisms
and civil society some valuable examples of legislative and institutional frameworks in Latin
American and the Caribbean. The topics cover the prohibition against torture, as well as, the
definition of the crime of torture, modes of liability, the non-admission of evidence obtained
through torture and the right to reparation.
The document has been organized according to the themes raised according to the
Seminar´s agenda.
Scope of the research
This paper is grounded in the provisions contained in the United Nations Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT)
and the Inter-American Convention to Prevent and Punish Torture (IACPPT). These
international and regional human rights treaties specify certain elements to be included in
national legislation. These elements are described in the APT/CTI Guide on Anti-Torture
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Argentina, Brazil, Chile, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Panama, Paraguay, Peru, and
Uruguay.
Antigua and Barbuda, Bahamas, Belize, Dominican Republic, Guyana, Jamaica, Saint Lucia, Saint Vincent and the
Grenadines, and Suriname.
Antigua & Barbuda, Argentina, Bahamas, Barbados, Belice, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominica,
Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Honduras, Jamaica, Mexico, Nicaragua,
Panama, Paraguay, Peru, Saint Lucia, Saint Vincent and the Grenadines, Suriname, The Bahamas, Trinidad and Tobago,
Uruguay and Venezuela.
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