The UN Convention against Torture and its implementation
13.
It is necessary to identify and apply the law as it existed at the dates on which
it is alleged that the offences in the indictment were committed.
14.
Section 134 CJA provides in relevant part:
“134. Torture
(1)
A public official or person acting in an official capacity,
whatever his nationality, commits the offence of torture if in
the United Kingdom or elsewhere he intentionally inflicts
severe pain or suffering on another in the performance or
purported performance of his official duties.
(2)
A person not falling within subsection (1) above
commits the offence of torture, whatever his nationality, if (a)
in the United Kingdom or elsewhere he
intentionally inflicts severe pain or suffering on another
at the instigation or with the consent or acquiescence (i)
of a public official; or
(ii)
and
of a person acting in an official capacity;
(b)
the official or other person is performing or
purporting to perform his official duties when he
instigates the commission of the offence or consents to
or acquiesces in it.
…
(6)
A person who commits the offence of torture shall be
liable on conviction on indictment to imprisonment for life.”
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