a. A public servant or employee who acting in that capacity
orders, instigates or induces the use of torture, or who directly
commits it or who, being able to prevent it, fails to do so.
b. A person who at the instigation of a public servant or
employee mentioned in subparagraph (a) orders, instigates or
induces the use of torture, directly commits it or is an
accomplice thereto.
Article 4
The fact of having acted under orders of a superior shall not provide exemption
from the corresponding criminal liability.
Article 5
The existence of circumstances such as a state of war, threat of war, state of
siege or of emergency, domestic disturbance or strife, suspension of
constitutional guarantees, domestic political instability, or other public
emergencies or disasters shall not be invoked or admitted as justification for the
crime of torture.
Neither the dangerous character of the detainee or prisoner, nor the lack of
security of the prison establishment or penitentiary shall justify torture.
Article 6
In accordance with the terms of Article 1, the States Parties shall take effective
measures to prevent and punish torture within their jurisdiction.
The States Parties shall ensure that all acts of torture and attempts to commit
torture are offenses under their criminal law and shall make such acts punishable
by severe penalties that take into account their serious nature.
The States Parties likewise shall take effective measures to prevent and punish
other cruel, inhuman, or degrading treatment or punishment within their
jurisdiction.
Article 7
The States Parties shall take measures so that, in the training of police officers
and other public officials responsible for the custody of persons temporarily or
definitively deprived of their freedom, special emphasis shall be put on the
prohibition of the use of torture in interrogation, detention, or arrest.
The States Parties likewise shall take similar measures to prevent other cruel,
inhuman, or degrading treatment or punishment.
Article 8