Related Rule
Senegal
Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Senegal’s Disciplinary Regulations (1990) provides that it is prohibited for soldiers in combat to make an attack on the integrity or dignity of the wounded, sick, shipwrecked, prisoners and civilians, including cruel treatment or any type of torture. 
Senegal, Règlement de Discipline dans les Forces Armées, Décret 90-1159, 12 October 1990, § 2.
Senegal’s IHL Manual (1999) restates the provisions of common Article 3 of the 1949 Geneva Conventions. It points out that one of the fundamental guarantees common to the IHL conventions and the 1948 Universal Declaration of Human Rights is the prohibition of torture and humiliating, cruel and degrading treatment. 
Senegal, Le DIH adapté au contexte des opérations de maintien de l’ordre, République du Sénégal, Ministère des Forces Armées, Haut Commandement de la Gendarmerie et Direction de la Justice Militaire, Cabinet, 1999, pp. 3, 4 and 23.
Senegal’s Penal Code (1965), as amended in 1996, states:
Acts of torture are injuries, blows, physical or mental violence or other forms of assault intentionally 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 either for the purpose of obtaining information or a confession, imposing punishment by way of a reprisal or making threats or for any reason based on discrimination of any kind.
Attempt shall be punished like the completed offence.
Persons referred to in the first paragraph who are found guilty of torture or attempted torture shall be punishable by imprisonment of five to ten years and by a fine of 100,000 to 500,000 francs.
No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
An order from a superior officer or a public authority may not be invoked as a justification of torture. 
Senegal, Penal Code, 1965, as amended in 1996, Article 295-1.
Senegal’s Penal Code (1965), as amended in 2007, states:
[a)] Any of the following acts constitutes a war crime if it concerns members of the armed forces, the wounded, sick or shipwrecked, prisoners of war, or civilians or objects protected by the provisions of the Geneva Conventions of 12 August 1949:
2. torture or inhuman treatment … or intentionally causing great suffering to the physical or psychological integrity;
b) other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts [also constitute war crimes]:
18. committing outrages upon personal dignity by [inflicting] humiliating and degrading treatment;
c) in case of an armed conflict not of an international character, serious violations of Article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no direct part in hostilities, including members of the armed forces who have laid down their arms and persons placed hors de combat by sickness, wounds, detention or any other cause [also constitute war crimes]:
1. … violence to the person … cruel treatment and torture;
2. committing outrages upon personal dignity by [inflicting] humiliating and degrading treatment. 
Senegal, Penal Code, 1965, as amended in 2007, Articles 431-3(a)(2) and 434-3(b)(18) and (c)(1)–(2); see also Article 431-1(2) (genocide) and Article 431-2(7) (crimes against humanity).
In 2011, in its third periodic report to the Committee against Torture, Senegal stated:
I. Information on new measures and new developments relating to the implementation of the [1984] Convention [against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment]
Article 2 of the Convention
Paragraph 1
87. Under article 295-1, paragraph 3, of the [1965 Penal] Code [as amended in 1996], acts of torture are punishable by from 5 to 10 years’ imprisonment and a fine of from CFAF 100,000 to CFAF 500,000.
Paragraphs 2 and 3
88. Senegalese law explicitly precludes any possibility of invoking exceptional circumstances to justify acts of torture. Thus, paragraph 4 of the same article [Article 295-1 of the Penal Code] stipulates that:
“No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for torture.”
89. An order by a superior officer cannot be invoked as a justification for torture either. The final subparagraph of article 295-1 explicitly states that: “An order of a superior or public authority shall not be invoked as a justification of torture.”
90. Furthermore, the Senegalese [Penal] Code contains other deterrent provisions for the severe punishment of any wilful attacks on the physical integrity of a person and, in particular, of vulnerable persons.
93. New legislative measures have been adopted to strengthen the law in this respect:
- Act No. 2007-02 of 12 February 2007 incorporated articles 431-1, 431-2, 431-3, 431-4 and 431-5 into the [Penal] Code. These articles deal with the crime of genocide, crimes against humanity, war crimes and other crimes under international law, such as those covered by the Hague Conventions of 1954, 1976 and 1980, which had not previously been specified in the Code.
II. Implementation of the conclusions and recommendations of the Committee
The State party should, during its current legislative reform, consider introducing explicitly in national legislation the following provisions:
(a) The definition of torture set forth in article 1 of the Convention and the classification of torture as a general offence, in accordance with article 4 of the Convention, which would, inter alia, permit the State party to exercise universal jurisdiction as provided in articles 5 et seq. of the Convention;
(b) A blanket prohibition of any act of torture, with the stipulation that no exceptional circumstance may be invoked to justify torture, in accordance with article 2, paragraph 2, of the Convention;
(c) An express provision stipulating that an order from a superior officer or from a public authority may not be invoked to justify torture, in accordance with article 2, paragraph 3, of the Convention;
228. Points (a), (b) and (c) of this recommendation have been fully implemented. The full text of article 295-1 of the [Penal] Code provides evidence of this:
229. “Acts of torture are injuries, blows, physical or mental violence or other forms of assault intentionally 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 either for the purpose of obtaining information or a confession, imposing punishment by way of a reprisal or making threats or for any reason based on discrimination of any kind.
No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
An order from a superior officer or a public authority may not be invoked as a justification of torture.” 
Senegal, Third periodic report to the Committee against Torture, 5 October 2011, UN Doc. CAT/C/SEN/3, submitted 9 February 2011, §§ 87–90, 93 and 228–229.
Senegal’s Penal Code (1965), as amended in 1996, states:
Acts of torture are injuries, blows, physical or mental violence or other forms of assault intentionally 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 either for the purpose of obtaining information or a confession, imposing punishment by way of a reprisal or making threats or for any reason based on discrimination of any kind. 
Senegal, Penal Code, 1965, as amended in 1996, Article 295-1.
In 2011, in its third periodic report to the Committee against Torture, Senegal stated:
II. Implementation of the conclusions and recommendations of the Committee
The State party should, during its current legislative reform, consider introducing explicitly in national legislation the following provisions:
(a) The definition of torture set forth in article 1 of the [1984] Convention [against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment] and the classification of torture as a general offence, in accordance with article 4 of the Convention, which would, inter alia, permit the State party to exercise universal jurisdiction as provided in articles 5 et seq. of the Convention;
228. Point[] (a) … of this recommendation ha[s] been fully implemented. The full text of article 295-1 of the [1965 Penal] Code [as amended in 1996] provides evidence of this:
229. “Acts of torture are injuries, blows, physical or mental violence or other forms of assault intentionally 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 either for the purpose of obtaining information or a confession, imposing punishment by way of a reprisal or making threats or for any reason based on discrimination of any kind.[”] 
Senegal, Third periodic report to the Committee against Torture, 5 October 2011, UN Doc. CAT/C/SEN/3, submitted 9 February 2011, §§ 228–229.
Article 2: Measures to prevent torture
Legal framework to prevent and combat torture
24. The [Prevention and Combating of Torture of Persons] Act [of 2013] defines “torture’’ as any act “by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person—