E/CN.4/2001/66/Add.1 page 20 72. Article 133, entitled “Torture”, of the new Criminal Code adopted on 30 December 1999 which entered into force on 1 June 2000 complements the constitutional provision. This article reads as follows: “Article 133 - Torture “133.1. The intentional infliction of severe physical pain or mental suffering by means of systematic blows or other violent acts which have not caused consequences provided for in article 126.24 and article 127.25 of the present Code shall be punished with imprisonment for a term not exceeding 3 years. “(...)6 “133.3. The actions specified in articles 133.1. and 133.2., committed by officials by means of abuse of powers and for the purposes of obtaining or forcing to obtain information about actions committed by the victim or other persons, of punishing him or other persons for an act they have committed or are suspected of having committed, as well as intimidating the victim or other persons or coercing them to commit any action shall be punished with imprisonment for a term of not less than 5 years and not exceeding 10 years.” 73. Although torture is defined in terms similar to those of article 1 of the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the definition of the Azerbaijani Criminal Code does not reflect entirely the internationally agreed definition of torture. Firstly, it restricts acts of torture to “systematic blows or other violent acts”, while the Convention definition refers to “any act”. It thus does not cover acts causing “severe pain or suffering, whether physical or mental,” inflicted by means other than those indicated. Secondly, amongst the different elements of purpose indicated in the Convention definition, the general notion of “or for any reason based on discrimination of any kind” is lacking. Thirdly, on the one hand, in addition to the well-established concept of “torture” in international law, the Azerbaijani notion of torture also encompasses private acts of cruelty (see art. 133, para. 1). On the other hand, it must be noted that the notion of “with the consent or acquiescence of a public official” contained in the Convention definition is absent from the Azerbaijani definition. Under international law, this element of the definition makes the State responsible for acts committed by private individuals which it did not prevent from occurring or, if need be, for which it did not provide appropriate remedies. Hence, criminal liability of public officials having consented or acquiesced to such acts by private individuals is not provided for by the Azerbaijani Criminal Code. Such behaviour by a public official constitutes in itself a human rights violation and a crime under international law. 74. In view of the fact that the core mandate of the Special Rapporteur is the treatment to which persons are subjected at the time of first arrest when they may be at risk of torture in order to extract confessions, reference must also be made to article 293 of the Criminal Code which complements article 133. This article reads as follows: