ODIHR Opinion on Definition of Torture and its Absolute Prohibition in Polish
Legislation
with the exception of the sanction of removal from office, also to the employee of a
public corporation and to a foreign public official.
See also the CAT concluding observation, where is positively noted the inclusion of a
prohibition of torture and other treatment violating human dignity in the Constitution of
Finland; in 2017, it further commended the State for initiatives to revise its legislation in
areas of relevance to the Convention, including the Criminal Investigation Act.
Criminal Code of Georgia
Torture, Article 144
1. Torture, i.e. exposing a person, his/her close relative or the person who is dependent on
him/her materially or otherwise to such conditions or treating him/her in a manner that
causes severe physical pain or psychological or moral anguish, and which aims to
obtain information, evidence or confession, threaten or coerce, or punish the person for
the act he/she or a third person has committed or has allegedly committed, shall be
punished by imprisonment for a term of seven to ten years.
2. The same act committed: a) by an official or a person holding equivalent position; b) by
abusing the official position; c) repeatedly; d) against two or more persons; e) by more
than one person; f) by violating the equality of persons, or due to their race, colour,
language, sex, religion, belief, political or other views, national, ethnic, social
belonging, origin, place of residence, material status or title; g) knowingly by the
offender against a pregnant woman, a minor, a person detained or otherwise deprived of
freedom, a helpless person or a person dependent on the offender materially or
otherwise; h) by contract; i) for the purpose of taking a hostage, shall be punished by
imprisonment for a term of two to five years, with or without deprivation of the right to
hold an office or carry out a particular activity for up to five years.
3. The same act committed by an organised group, shall be punished by imprisonment for
a term of twelve to seventeen years, with deprivation of the right to hold an official
position or to carry out a particular activity for up to five years.
See also CAT concluding observation, where it positively noted that the current legislation in
line with international norms with regard to the definition of torture.
The Criminal Justice Act of Ireland, (United Nations Convention against Torture Act N
11, 2000)
Section 1
(1)
In this act… Torture means an act or omission by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person (a) for such purposes
as (i) obtaining from that person, or from another person, information or a confession,
(ii) punishing that person for an act which the person concerned or a third person has
committed or is suspected of having committed, or (iii) intimidating or coercing that
person or a third person, or (b) for any reason that is based on any form of
discrimination, but does not include any such act that arises solely from, or is inherent
in or incidental to, lawful sanctions.
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