Overview of anti-torture legislation in Latin America and the Caribbean  In Mexico, the anti-torture law provides that in cases of sexual violence against women, the examination will be done by a female or male gynecologist according to the victim´s choice.58 In addition to those States that have criminalised violent acts by private or non-State actors as torture or ill-treatment as detailed in c) below, States have taken explicit actions to overcome specific forms of gendered violence that may amount to torture in specific circumstances, such as domestic violence59, through specific legislation. For instance, in 2010, Grenada adopted the Domestic Violence Act and the National Domestic Violence and Sexual Abuse Protocol in 2011.60 Also in 2010, Guyana enacted the Sexual Offences Act and launched a national policy on domestic violence.61 c. Non-state and private actors As already noted, UNCAT´s definition of torture contains a nexus between the pain or suffering and State or quasi-State authorities. However, some States when criminalising torture have recognized that the crime of torture may be committed by non-state or private actors, without a nexus to a State or quasi-State entities.62 Examples from the region that recognize the responsibility of private individuals and non-state actors include:  Argentina63, Brazil64, Honduras65, Mexico66 and Venezuela criminalise torture committed by private actors.  The Criminal Code of Guatemala criminalises torture committed by members of organized groups or gangs having terrorist, insurgent or subversive purposes or any other criminal purpose. d. Modes of liability In order to combat impunity for acts of torture, or that permit torture, national laws must include modes of liability beyond the direct commission of the offence.67 In articles 1 and 4 of the UNCAT, responsibility for torture includes infliction, instigation, consent, 57 Ecuador, Criminal Code , Article 48, available at: http://www.justicia.gob.ec/wpcontent/uploads/2014/05/c%C3%B3digo_org%C3%A1nico_integral_penal_-_coip_ed._sdn-mjdhc.pdf (last accessed in January 2017). 58 Article 41, General Law to Prevent, Investigate and Punish Torture (2017). 59 UN, Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, Manfred Nowak, UN DOC A/HRC/7/3 § 73. 60 CEDAW, Concluding observations of the Committee on the Elimination of Discrimination against Women Grenada, Doc CEDAW/C/GRD/CO/1-5 (23 March 2012), § 23. 61 CEDAW, Concluding observations of the Committee on the Elimination of Discrimination against Women Guyana, Doc CEDAW/C/GUY/CO/7-8 (July 2012). 62 APT-CTI Anti torture guide, p. 24. 63 Argentina, Article 144 (3) (1) Criminal Code of Argentina. 64 Brazil, Law N° 9 455, 1997. 65 Honduras, Article 209-A Criminal Code of Honduras (1983). 66 Mexico, Article 25, General Law to Prevent, Investigate and Punish Torture (2017). 67 APT/CTI, op cit, p. 32. 13

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