Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Uruguay’s Law on Cooperation with the ICC (2006) states:
A person who commits any of the following acts with the intention to destroy in whole or in part a national, ethnic, religious, political, or trade union group or a group with their own identity based on gender, sexual orientation, cultural or social reasons, age, disability or health, is punished with fifteen to thirty years’ imprisonment:
B) Torture … , inhuman or degrading treatment or causing serious bodily or mental harm to one or more members of the group.
The Law also lists the following crime under the heading “Crimes against Humanity – Isolated Acts”:
Any person who is a State agent or who is not a State agent but acts with the authority, support or acquiescence of one or more State agents and who imposes any form of torture on a person who is deprived of their liberty, in the perpetrator’s custody or under the perpetrator’s control or who appears before authorities as expert witness or other kind of witness must be punished with twenty months’ to eight years’ imprisonment.
The Law further states:
26.2. Persons and objects affected by the war crimes set out in the present provision are persons and objects which international law protects in international or internal armed conflict.
26.3. The following are war crimes:
2. Torture or inhuman treatment.
Uruguay’s Law on Cooperation with the ICC (2006) lists the following crime under the heading “Crimes against Humanity – Isolated Acts”:
22.2. Torture is understood as:
A) Any act which inflicts severe physical, mental or moral pain or suffering.
B) Subjecting a person to cruel, inhuman or degrading treatment.
C) Any act designed to destroy the victim’s personality or diminish their physical and mental capacity even if it does not cause pain or physical anguish or any act listed in Article 291 of the Penal Code undertaken with the aim to ascertain facts, to punish or to intimidate.
22.3. Torture does not include pain or suffering arising only from, inherent in or incidental to lawful sanction.