Torture - crimes against humanity

Portugal

Adaptation of Criminal Legislation to ICC Statute

Chapter II
Crimes

Section I
Crime of genocide and crimes against humanity

Article 9
Crimes against humanity

Anyone who commits any of the following acts as part of a widespread or systematic attack directed against any civilian population:

(f) Torture, which means the infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the perpetrator;

shall be punished with a term of imprisonment of 12 to 25 years.

Rome Statute

Article 7 Crimes against humanity

1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(f) Torture;

2. For the purpose of paragraph 1:

(e) ‘Torture’ means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;