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 3 4 5 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. 3

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