Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
In 2006, in its initial report to the Committee on the Rights of the Child, Guatemala stated:
155. Congressional Decree No. 58-95 added article 201 bis [to the Criminal Code], which defines the offence of torture.
The offence of torture is committed by any person who, on the orders or with the authorization, support or acquiescence of the State authorities, intentionally inflicts severe pain or suffering, whether physical or mental, for such purposes as obtaining from the victim or a third person information or a confession concerning an act the victim or a third person has committed or is suspected of having committed, or who continually intimidates a person and, through that person, others.
156. The offence of torture is also committed by members of organized groups or gangs having terrorist, insurgent or subversive purposes or any other criminal purpose.
157. The perpetrator or perpetrators of the offence of torture shall also be tried for the offence of kidnapping. The consequences of acts carried out by a competent authority in the legitimate exercise of its duty and for the protection of public order shall not be considered torture.