Unfortunately, however, in the absence of any further explanation it is difficult to understand the basis of the author’s objection. Conclusion 75. It is time to draw the threads together. 76. First, I am persuaded that the prosecution is correct in its interpretation of article 1 UNCAT and section 134 CJA. I consider that the words of those provisions in their ordinary meaning support this reading. They are sufficiently wide to include conduct by a person acting in an official capacity on behalf of an entity exercising governmental control over a civilian population in a territory over which it exercises de facto control. In particular, I can see no justification for imposing the limitation on those words for which the appellant contends, which would require the conduct to be on behalf of the government of the State concerned. On the contrary, the words in their ordinary meaning are apt to include conduct on behalf of a de facto authority which seeks to overthrow the government of the State. This reading also conforms with the object and purpose of the provisions. Here I attach particular significance to the purpose of the Convention in seeking to establish a regime for the international regulation of “official” torture as opposed to private acts of individuals. Torture perpetrated on behalf of a de facto governmental authority is clearly a matter of proper concern to the international community and within the rationale of the scheme. In addition, some support for this conclusion can be found in the decisions of the CAT under article 22(7), UNCAT and it is favoured by the preponderant weight of academic comment. I would express the principle in the following terms. “‘A person acting in an official capacity’ in section 134(1) of the Criminal Justice Act 1988 includes a person who acts or purports to act, otherwise than in a private and individual capacity, for or on behalf of an organisation or body which exercises, in the territory controlled by that organisation or body and in which the relevant conduct occurs, functions normally exercised by governments over their civilian populations. Furthermore, it covers any such person whether acting in peace time or in a situation of armed conflict.” 77. Secondly, I would emphasise, that exercise of governmental functions is a core requirement. It will be noted that the formulation of the principle set out above differs from that of the Court of Appeal, which referred to a person acting “for or on behalf of an organisation or body which exercises or purports to exercise the functions of government …”. Section 134(1) refers to a person acting “in the performance or purported performance of his official duties”. In the Court of Page 38