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.” Page 5

Select target paragraph3