GUIDE ON ANTI-TORTURE LEGISLATION Summary of the elements – Chapter 1 – Definition of torture Primary elements ªª A separate and specific crime of torture in national legislation is to be adopted. ªª The definition of torture in national law is to encompass, at a minimum, the elements contained in the article 1 definition: torture is any act by which severe mental or physical pain or suffering is intentionally inflicted for a particular purpose by a public official or with his or her consent or acquiescence or by anyone acting in an official capacity. ªª National legislation is to contain provisions affirming the absolute nature of the prohibition of torture; the defence of superior order is to be excluded. ªª The penalty for the crime of torture is to take account of the grave nature of the crime. Recommended elements ªª In order for the penalty for the crime of torture to be commensurate with the gravity of the crime, a minimum penalty of six years is to be imposed. Optional elements ªª National legislation includes acts of non-state and private actors in the definition of torture. ªª National legislation criminalises cruel, inhuman or degrading treatment or punishment. 22