Overview of anti-torture legislation in Latin America and the Caribbean
The definition of torture in the IACCPT makes a reference to “any other purpose” rather than
“such purposes as” (as in the UNCAT), and includes expressly methods intended to obliterate
the personality of the victim or diminishing his/her capacities.47 It also includes in the
definition of torture its use as a method of “criminal investigation”, and as a “preventive
measure”.
Dominican Republic, Mexico, Nicaragua, and Panama have opted to include the IACCPT
“any other purpose” in their definitions of torture; while Brazil, Dominican Republic,
Mexico and Nicaragua include the following as additional explicit purposes for the
infliction of torture: its use as a “preventive measure” and for “criminal investigation”.
In addition, 7 States48 have added specific grounds for discrimination, be that on the basis
of: ideology, political opinion and social group, sex, sexual orientation, race, religion, gender,
disability, or another protected characteristic.
Article 1 of the IACCPT
For the purposes of this Convention, torture shall be understood to be any act intentionally performed
whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as
a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other
purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the
personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical
pain or mental anguish. The concept of torture shall not include physical or mental pain or suffering that is
inherent in or solely the consequence of lawful measures, provided that they do not include the performance
of the acts or use of the methods referred to in this article.
The lawful sanction clause
The UNCAT provides that pain or suffering connected to lawful sanctions is not within the
definition of torture. 5 States have not included in their definition of torture, pain or
suffering arising from lawful sanctions.49
Article 1 of the UNCAT
Definition of torture
1. (…) It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
47
APT and CEJIL, “Torture in International Law: A guide to Jurisprudence” (2008), p.96.
Brazil, Chile, Colombia, Costa Rica, Ecuador, Mexico and Venezuela.
49
Chile, Colombia, El Salvador, Nicaragua and Uruguay.
48
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