Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
In 2005, in the Constitutional Case No. C-148/05, the Plenary Chamber of Colombia’s Constitutional Court stated:
[R]egarding torture of a protected person, Article 137 of Law 599 of 2000 … states that
a person who, in the course of and in relation with an armed conflict, inflicts on another person grave pain or suffering, physical or mental, for such purposes as obtaining from him or a third person information or a confession, punishing him or her 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, shall be liable upon conviction to 10 to 20 years’ imprisonment, a fine of 500 to 1000 legal minimum wages, and disqualification from holding public office for 10 to 20 years.
This article thus includes the same definition of torture found in Article 178 of Law 599 of 2000, but defines it specifically for cases involving protected persons under international law and establishes a heavier penalty.