GUIDE ON ANTI-TORTURE LEGISLATION The penal code of Morocco introduced a definition of torture in 2006 and used the article 1 definition as a basis: the term torture encompasses the four elements, i.e. the severity, the intention, the specific purpose and the involvement of a public official. 24 In Mali, the criminal code makes torture a crime and defines it using the Article 1 definition verbatim. 25 New Zealand defines torture in section 2 of the Crimes of Torture Act: “act of torture means any 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 some other person information or a confession; or (ii) punishing that person for any act or omission for which that person or some other person is responsible or is suspected of being responsible; or (iii) intimidating or coercing that person or some other person; or(b) for any reason based on discrimination of any kind.”26 The Act also addresses the lawful sanction clause and specifies that lawful sanctions need to be consistent with the ICCPR: “but does not include any act or omission arising only from, or inherent in, or incidental to, any lawful sanctions that are not inconsistent with the Articles of the International Covenant on Civil and Political Rights”. 27 The Philippines defines torture in section 3 of the Anti-Torture Act: “Torture refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession; punishing him/her for an act he/she or a third person has committed or is suspected of having committed; or intimidating or coercing him/her or a third person; or for any reason based on 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 person in authority or agent of a person in authority. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”28 In Uganda, Section 2 of the Uganda Prevention and Prohibition of Torture Act provides: “(1) In this Act, torture means any act or omission, by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person by or at the instigation of or with the consent or acquiescence of any person whether a public official or other person acting in an official or private capacity for such purposes as (a) obtaining information or a confession from the person or any other person; (b) punishing that person for an act he or she or any other person has committed, or is suspected of having committed or of planning to commit; or (c) intimidating or coercing the person or any other person to do, or to refrain from doing, any act. 29 24 25 26 27 28 29 16 24 Morocco, Penal Code, as last amended by Law of 15 September 2011, article 231-1, available at http://www.ilo.ch/dyn/natlex/docs/SERIAL/69975/69182/F1186528577/MAR-69975.pdf (last accessed February 2016). 25 Mali, Penal Code of 2001, Law N°01-079 of 20 August 2001, article 209, available at http://www.droitafrique.com/upload/doc/mali/Mali-Code-2001-penal.pdf (last accessed in February 2016). 26 New Zealand, Crimes of Torture Act of 1989, Act N°106 (13 November 1989), section 2, available at http://www.legislation.govt.nz/act/public/1989/0106/latest/whole.html (last accessed February 2016) 27 Ibid, section 2(1)(b). 28 Philippines’ Anti-Torture Act of 2009, op. cit. 4, section 3. 29 Uganda, the Prevention and Prohibition of Torture Act (18 September 2012), section 2, available at http:// www.ulii.org/ug/legislation/act/2012/3/prevention_prohibition_of_torture_act_no_3_of_2_17440.pdf (last accessed February 2016).