Overview of anti-torture legislation in Latin America and the Caribbean
acquiescence, attempt, complicity and other forms of participation. The following table
provides some examples of the different modes of liability that States have included in their
definition of torture and laws:
Antigua and Barbuda
Argentina
Bolivia
Brazil
Chile
Colombia
Costa Rica
Dominican Republic
Ecuador
El Salvador
Guatemala
Honduras
Mexico
Nicaragua
Panama
Paraguay
Peru
Uruguay
Venezuela
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Public officials
who acquiesce or
consent to
torture
Incitement to
torture
Instigation of
torture;
Complicity in
torture
State
Attempt to
commit torture
Modes of liability
Commission of
torture
Figure 3. Modes of liability
X
X68
X
X69
X70
X71
X
X
X
X
X72
X
X
X
X
X
X
X
X
X
X
X
X73
X
X
X
X
X
X
e. Penalties
APT/CTI Guide on anti-torture
legislation
Page: 27
Recommended element
In order for the penalty for the crime
of torture to be commensurate with
the gravity of the crime, a minimum
penalty of six years is to be imposed.
The UNCAT, in its article 4 provides that States Parties will
define appropriate penalties and recognize the unique
gravity of the crime of torture. The CAT has recommended
penalties of between six to twenty years to commensurate
sentences for torture with the gravity of the offence.74
Argentina and Guatemala are two States with the highest
penalties in Latin America, being 25 and 30 years
respectively. In Colombia75, El Salvador and Mexico, the
Criminal Code adds other sanctions to imprisonment such as fine and suspension of public
duties. Below is a regional overview of the years of imprisonment for committing the crime of
torture.
68
Attempt and complicity are foreseen for any crime in Article 42 of the Criminal Code.
Attempt is foreseen for any crime in Article 52 of the Criminal Code.
70
Attempt is foreseen for any crime in Article 27 of the Criminal Code.
71
Attempt is foreseen for any crime in Article 24 of the Criminal Code.
72
The Article 99 of the Criminal Code foreseen that private individuals acting at instigation of public official shall be liable
as co-participants.
73
Panama, attempt is foreseen for any crime in Articles 14, 48 and 83; and complicity is foreseen in Articles 45, 46, 80 and
81 of the Criminal Code.
74
APT/CTI, Guide on anti-torture legislation, (2016), p. 28.
75
Torture is punishable by imprisonment for a term ranging from 8 to 15 years, a fine of from 800 to 2,000 times the
minimum legal wage (SMLV) and disqualification from the exercise of public rights and duties for the same time.
69
14