Overview of anti-torture legislation in Latin America and the Caribbean
legislation,6 which is the main reference document of this paper, and aims to assist
lawmakers in drafting anti-torture legislation or in revising existing domestic laws. This
document is based on some of the elements included in the APT/CTI Guide on Anti-Torture
legislation. It is highly recommended to read this document in conjunction with the Guide.
The present research provides an overview of the national approaches concerning the
criminalization of torture based on some of the primary, recommended, and optional
elements.
Methodology
This research is based on a comparative analysis and survey of country specific information.
Primary sources of information are: Constitutions, Criminal Codes and Criminal Procedure
Codes. Also, relevant information has been obtained from country reports submitted to the
United Nations Committee against Torture (CAT), reports of the United Nations
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (SPT), and reports of the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment of the United Nations (UN, Rapporteur on
Torture).
6
APT/CTI Guide on anti-torture legislation, (2016), available at: http://www.apt.ch/content/files_res/anti-torture-guideen.pdf . The Guide is available in English, French, Spanish and Portuguese.
4