Chapter 2 – Modes of liability Relevant Articles from the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Article 1 1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him 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 public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. 2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application. Article 4 1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. 7. The Convention requires States parties to criminalise the commission and the attempt to commit torture, complicity in torture, other forms of participation in torture, instigation of, and incitement to torture, as well as acts by public officials that acquiesce or consent to torture The Convention provides for different types of liability. Articles 1 and 4 of the Convention specify the different possible forms of involvement in acts of torture. Article 1 of the Convention provides responsibility for torture that includes infliction, instigation, consent and acquiescence. Article 4 of the Convention further requires States to include in its legislation criminal liability for “attempt” to commit torture, “complicity” and other forms of “participation”. In order to combat impunity for acts that support torture, a State’s legislation must include modes of liability beyond the direct commission of the offence. In its concluding observations and general comments, the Committee regularly includes mention of modes of liability in addition to commission. In its General Comment N°2, The Committee has stated that States “are obligated to prevent 23