Practice Relating to Rule 155. Defence of Superior Orders
In 2007, in its initial report to the Committee against Torture, Chad stated:
Article 143 [of the Criminal Code] states that:
Where a public official, agent or employee has ordered or committed an arbitrary act or an act infringing either individual liberty or the Constitution, he shall be sentenced to six months’ to five years’ imprisonment and a fine …
… If, however, it is established that he acted on the orders of his superiors in matters within their competence and to whom he owed hierarchical obedience, he shall be exempted from the penalty, which in such cases shall be applied only to the superiors who gave the order.
In 2009, during the consideration of Chad’s initial report to the Committee against Torture, a statement of the delegation of Chad was summarized by the Committee in its records as follows: “Under articles 143, 145 and 156 of the Criminal Code … orders from a superior officer could not be invoked to justify torture.”