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

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