Torture - crimes against humanity

Switzerland

Swiss Criminal Code 1937 (2017)

Book Two : Specific Provisions

Title Twelvebis : Genocide and Crimes against Humanity

Art. 264a

1 The penalty is a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against any civilian population :

f. inflicts severe pain or suffering or serious injury, whether physical or mental, on a person in his or her custody or under his or her control ;

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;