A/HRC/7/3/Add.6 page 11 23. The prohibition of torture or cruel, inhuman or degrading treatment is provided in article 11: “No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Article 15 prohibits any limitation of this right in times of public emergency. 2. Provisions in legislation criminalizing torture 24. Sri Lanka applies a dualist legal system and has implemented the criminal law provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by Act No. 22 of 1994. Torture is defined under its article 12 as: “any act which causes severe pain, whether physical or mental, to any other person, being an act, which is (a) Done for any of the following purposes that is to say (i) Obtaining from such other person or a third person, any information or confession; (ii) Punishing such other person for any act which he or a third person has committed, or is suspected of having committed; or (iii) Intimidating or coercing such other person or a third person; or done for any reason based on discrimination, and being in every case, an act which is done by, or at the instigation of, or with the consent or acquiescence of, a public officer or other person acting in an official capacity”. 25. The Special Rapporteur notes that the definition in article 12 is in conformity with definition of article 1 of CAT; however, it does not expressly include “suffering”. Acts of torture, as well as participation, complicity, aid and abetment, incitement and the attempt to torture are punishable under the Anti-Torture Act.6 Penalties range from mandatory 7 to 10 years’ imprisonment and a fine of 10,000 to 50,000 rupees (US$ 100-500).7 26. Article 2, paragraph 5, states that any offence under the Act shall be a “cognizable and non-bailable offence”. 27. Article 3 of the Act specifically denies the defence of exceptional circumstances such as the state or threat of war, internal political instability, public emergency as well as the order of a superior officer or a public authority against charges of torture. 28. Articles 7 to 10 of the Act contain provisions regarding universal jurisdiction in conformity with the Convention against Torture. 6 Article 2 of Act No. 22. 7 Article 2 (4) of Act No. 22.