GUIDE ON ANTI-TORTURE LEGISLATION El Salvador was congratulated by the Committee against Torture for making torture a crime without a statute of limitations.149 In Germany, all the crimes contained in the Code of Crimes against International Law, including torture, bears no statute of limitations.150 The Constitution of Paraguay clearly stipulates that the crime of torture can never be subjected to statute of limitations.151 149 150 151 24. The Committee considers that States parties are not to allow other impediments to prosecution and punishment for torture The Committee considers in General Comment N°2 that “(…) impediments that preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of nonderogability”.152 In Brazil, the law on the crimes of torture stipulates that pardons are not possible for the crime of torture.153 153 Summary of the elements - Chapter 6 – Amnesties, immunity, statute of limitations and other impediments Primary elements ªª National legislation on amnesties and immunities are to preclude torture. ªª National legislation is not to extend statute of limitations to the crime of torture. ªª Other impediments to prosecution and punishment are not to be available for cases of torture. CAT, Report of the Committee against Torture, 23rd and 24th session (November 1999 and May 2000), UN Doc. A/55/44, § 158(a). 149 Germany, Code of Crimes against International Law (Völkerstrafgesetzbuch) of 26 June 2002, article 5, available at http://www.gesetze-im-internet.de/bundesrecht/vstgb/gesamt.pdf (last accessed in February 2016). 150 151 Paraguay, Constitution of the Republic of Paraguay of 1992, article 5, available at http://www.bacn.gov.py/CONSTITUCION_ORIGINAL_FIRMADA.pdf (last accessed in February 2016). 152 CAT, General Comment N°2, op. cit. 1, § 5. Brazil, Law N°9.455 of 7 April 1997, op. cit. 43, article 1(6). 153 45

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