E/CN.4/1996/35/Add.2 page 25 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". 20/ A/50/44, para. 60. A proposed reform of the Penal Code, prepared under the aegis of the National Compensation and Reconciliation Agency, amends the wording of article 150, and breaks down the conduct constitutive of an offence on the basis of the degree of injury inflicted and its purpose, which is equivalent to drawing a distinction between torture and cruel, inhuman or degrading treatment, the terms employed in the international instruments which are, however, alien to Chilean legal terminology. Article 152 of the proposed reform provides as follows: "Any public official who unduly orders, makes use of or prolongs incommunicado detention of a person deprived of his liberty, who makes use of unlawful coercion or unnecessary severity against him shall be sentenced to suspension from duty, in any of its degrees. The penalty shall be any of the degrees of specific or absolute disqualification for a limited time if incommunicado detention is ordered, practised or prolonged, or if coercion or severity is employed for the following purposes: 1. To compel the victim or a third party to make a confession or to make any other form of statement; 2. To intimidate or harass the victim or to intimidate a person close to him; 3. To impose an unlawful punishment on the victim. If the coercion or severity causes death or [injury], the official shall be sentenced to general disqualification for life, provided that the result is attributable at least to negligence on his part." Art. 153. "In addition to the penalties laid down in the previous article, the court shall sentence the official to the penalties provided for by the common provisions applicable to such acts, according to the circumstances of the case. The severest degree of the penalties referred to in the aforegoing paragraph shall be handed down by the court, which may moreover apply the next most severe penalty." Antonio Bascuñan Rodriguez, "Proyecto de reforma del Código Penal para una mejor protección de los derechos de las personas" in Corporacíon Nacional de Reparación y Reconciliatión , Protección Penal de los Derechos Constitucionales, Colección Estudios No. 3. 21/ General Assembly resolution 48/134 of 20 December 1993, annex. -----