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External sources (not reviewed)

There are no provisions in the national penal laws of Norway which deal with sanctions or persons who commit, or order to be committed, breaches of the Convention.

[...] [...] persons who commit, or order to be committed, a breach [...]

Under the proposed section 37U of the Immigration Ordinance (Cap. 115) ("IO"), "torture" is defined to mean any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from that person or a third person information or a confession; punishing that person for an act which that person or a third person has committed or is suspected of having committed; intimidating or coercing that person 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, excluding pain or suffering arising only from, inherent in or incidental to lawful sanctions.

It was noted that while the Convention Against Torture requires an act of torture to have been 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, the International Criminal Tribunal for the Former Yugoslavia decided that the definition of torture in the context of crimes against humanity is not identical to the definition in the Convention and that outside the framework of the Convention, customary international law does not impose a public official requirement in relation to criminal responsibility for torture.

[...] criminalize torture inflicted by or at [...] [...]

The Act provides for a definition of torture and creates offences relating to an act of torture by a public official or other person acting at the instigation of, or with the consent or acquiescence of, a public official, regardless of nationality, within or outside the State.

[...] [...] leaders who aid or abet the commission [...] [...]

One of the main changes introduced was the express prohibition of grave acts such as coercing, instigating or inducing others to commit torture and using torture as a means of coercion or intimidation.

[...] [...] that include “instigation, consent or [...] [...]

It also lacks provisions defining as an offence torture inflicted at the instigation or with the consent or acquiescence of a public official or other person performing official functions.

They shall also inform detained persons, of among other things, the grounds for their arrest and of their right to inform a relative or person of their own choosing of their circumstances, the right to the assistance of counsel and to be examined by a forensic doctor or, if the attendance of such a physician would entail a serious delay, by another available doctor in order to report on their physical condition and provide treatment if necessary; at the time of arrest, inform the relatives or associates of the detainee of the facility to which the detainee will be taken; and record the place, date and time of arrest in a special register that shall be a public document.

[...] [...] nuisances to telephone users by calling their numbers; [...] [...]

If I did not know him better I might have thought that he might have been put up to saying that.

(a) To adopt a definition of the term “public official” fully in line with article 1, paragraph 1, of the Convention, so as to include all acts inflicted by or at the instigation of or with the consent or acquiescence of all public officials or other persons acting in an official capacity

The responsibility of police officers who commit acts of torture or inflict illtreatment on detained persons, as well as the responsibility of senior officers who instigate, encourage, consent to or acquiesce in such acts, must be fully investigated both through internal police monitoring mechanisms and through competent prosecutorial and judicial authorities.

Article 78 which prescribes imprisonment of from three months and one day to two years for any member of the armed forces who commits or orders to be committed, any act contrary to the provisions of international conventions ratified by Spain and which relate to, inter alia, the protection of cultural property in the event of armed conflict.

[...] [...] circumstances; it may still be regulated by the Crimes Ordinance, such as committing the offence [...]

The Panel received reports of such attacks from a variety of sources and confirmed that some of the attacks were instigated by rebel groups.

[...] [...] planning, financing or abetting the assassination [...] [...]

Respect human rights, conduct the necessary investigations when they are violated, take measures to prevent such violations and ensure that those committing or instigating them are brought before the courts and punished in accordance with national legislation.

The Committee is deeply concerned at consistent, credible, documented and corroborated allegations about the existence of widespread and systematic violations of the provisions of the Convention against the civilian population of the Syrian Arab Republic committed by the authorities of the State party and by militias (e.g. shabiha) acting at the instigation or with the consent or the acquiescence of the authorities of the State party.

Any other person who inflicts severe pain or suffering on another at the instigation of or with the consent or acquiescence of a public official or person acting in an official capacity, either of whom is in the performance or purported performance of his official duties, will also be caught by the provisions of the Bill.

Any person who is instigated or induced to act by, or acts on behalf of, the persons referred to in the above paragraph, or acts as an accomplice, shall be subject to the general regime of perpetration and participation provided for in book I, title II, chapter IV, of this Code.

Kazakhstan limits criminal responsibility to public officials and does not criminalize torture committed by others acting in an official capacity or at the instigation of or with the consent or acquiescence of public officials.

The State party should bring its definition of torture into line with article 1 of the Convention by including the element of discrimination and by criminalizing instigation, consent and acquiescence of a public official or other person acting in an official capacity.

[...] [...] conducive to radicalization, incitement [...]

For the purposes of the present article, 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 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.