GUIDE ON ANTI-TORTURE LEGISLATION and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals.”68 In South Africa, all those modes of liability are also provided for in the Prevention of Combating and Torture of Persons Act: “Any person who (a) commits torture; (b) attempts to commit torture; or (c) incites, instigates, commands or procures any person to commit torture, is guilty of the offence of torture and is on conviction liable to imprisonment, including imprisonment for life. (2) Any person who participates in torture, or who conspires with a public official to aid or procure the commission of or to commit torture, is guilty of the offence of torture and is on conviction liable to imprisonment, including imprisonment for life.“69 In the Prevention and Prohibition of Torture Act of Uganda, several modes of liability are foreseen: ”A person who, whether directly or indirectly (a) procures; (b) aids or abets; (c) finances; (d) solicits; (e) incites; (f) recommends; (g) encourages; (h) harbours; (i) orders; or (j) renders support to any person, knowing or having reason to believe that the support will be applied or used for or in connection with the preparation or commission o instigation of torture (…)”.70 68 69 70 Summary of the elements – Chapter 2 – Modes of liability Primary elements ªª National legislation criminalising torture is to include explicit criminal liability for: • the commission of torture; • attempt to commit torture; • complicity in torture; • other forms of participation; • instigation of torture; • incitement to torture; • the commission of acts of torture by public officials who acquiesce or consent to torture. 68 Philippines’ Anti-Torture Act of 2009, op. cit. 4, section 13. 69 South Africa, Act N°13 of 2013, Prevention of Combating and Torture of Persons Act (29 July 2013), section 4, available at http://www.justice.gov.za/legislation/acts/2013-013.pdf (last accessed in February 2016). 70 Uganda, the Prevention and Prohibition of Torture Act, op. cit. 28, section 8. 25