Overview of anti-torture legislation in Latin America and the Caribbean III. The definition of torture Article 1 of the UNCAT 1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. 2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application. This section provides an overview of the definition of torture as it has been incorporated into national laws, in the region. a. Elements of the definition of torture States should ensure that acts, which fall within the definition of torture in article 1 of the UNCAT, are offences within their national legal systems. 19 out of 31 have a specific offence of torture yet they may have adopted different definitions. The purpose of this section is to provide an overview of some of the ways in which States have defined torture. The overview follows the four elements contained in APT/CTI Guide on anti-torture legislation Page: 15 Primary element The definition of torture in national law is to encompass, at a minimum the elements contained in the Article 1 definition of the UNCAT. article 1 of the UNCAT.  Severe mental or physical suffering In Latin America and the Caribbean, laws from 17 States (Antigua and Barbuda27, Argentina28, Brazil29, Chile30, Colombia31, Costa Rica32, Dominican Republic33, Ecuador34, 27 Antigua and Barbuda, Suppression of Torture Act (1992), Article 3, available at: http://laws.gov.ag/acts/1993/a199315.pdf (last accessed February 2017). 28 Argentina, Criminal Code, (1984) Article 144, available at: http://servicios.infoleg.gob.ar/infolegInternet/anexos/1500019999/16546/texact.htm (las accessed in December 2016). 29 Brazil, Law N° 9 455 op. cit. 21, Article 1 (I). (last accessed December 2016). 30 Chile, Criminal Code, ( modified in 2016 ) Article 150 A, available at: https://www.leychile.cl/Navegar?idNorma=1096847 (last accessed in February 2017). 31 Colombia, Criminal Code, (2000), Article 178, available at: http://perso.unifr.ch/derechopenal/assets/files/legislacion/l_20160208_02.pdf (last accessed in February 2017). 32 Costa Rica, Criminal Code (18 December 2001), Article 123 Bis, available at: https://www.oas.org/dil/esp/Codigo_Penal_Costa_Rica.pdf (last accessed in December 2016). 33 Dominican Republic, Criminal Code (2014), Article 115, available at: http://oig.cepal.org/sites/default/files/251865974ley-no-550-14-que-establece-el-codigo-penal-de-la-republica-dominicana.pdf (last accessed in January 2017). 9