14 Prohibition of torture is also envisaged by other regulations, including inter alia the Criminal Procedure Code13, the Law on Police14 and the Law on Enforcement of Penal Sanctions15. According to the Criminal Code16, torture and abuse is a separate criminal offence17. Article 137 of the Criminal Code of the Republic of Serbia. (1) Whoever abuses another person or treats another person in a humiliating and degrading manner shall be sentenced to imprisonment for up to one year. (2) Whoever inflicts severe pain or suffering on another person by forcing, coercing or in any other inadmissible manner with the aim of obtaining a confession, a statement or any other information from that person or a third person or intimidating or unlawfully punishing that person or any third person or with any other aim based on any form of discrimination shall be sentenced to imprisonment in the duration of between six months and five years. (3) If the criminal offences referred to in paragraphs 1 and 2 of this Article is committed by an official in discharge of his/her duties, such person shall be sentenced to imprisonment in the duration of between three months and three years for the criminal offence referred to in paragraph 1 and imprisonment in the duration of between one and eight years for the criminal offence referred to in paragraph 2. 2.2. International instruments Serbia is a state party to all major conventions on prohibition and prevention of torture. The International Covenant on Civil and Political Rights18, which in its Article 7 accepts the provision on prohibition of torture from Article 5 of the Universal Declaration of Human Rights19, was ratified in 197120. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment21 (Convention against Torture) was ratified in 199122. It is one of the most important international instruments against torture. Article 1, paragraph 1 of the Convention against Torture. The term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. In addition to providing the most comprehensive definition of torture, the Convention against Torture contains a set of provisions relevant for elimination of torture. Official Gazette of FYR, Nos. 70/2001 and 68/2002 and Official Gazette of RS, Nos. 58/2004, 85/2005, 115/2005, 85/2005 – other law, 49/2007, 20/2009 – other law, 72/2009 and 76/2010. 14 Official Gazette of RS, Nos. 101/2005, 63/2009 – decision of the Constitutional Court and 92/2011. 15 Official Gazette of RS, Nos. 85/2005, 72/2009 and 31/2011. 16 Official Gazette of RS, Nos. 85/2005, 88/2005 - corrigendum, 107/2005 - corrigendum, 72/2009, 111/2009 and 121/2012. 17 Article 4 of the Convention against Torture: (1) Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. (2) Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. 18 Signed on 19 December 1966 in New York. 19 Adopted by the UN General Assembly on 10 December 1948 in Paris. 20 Official Gazette of SFRY, No. 7/71. 21 Adopted on 10 December 1984 in New York. 22 Official Gazette of SFRY – International Agreements, No. 9/91. 13