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6. TORTURE AND OTHER CRUEL TREATMENT

6.1 All persons, including prisoners or detained persons, have the right to be free from torture and cruel, inhuman or degrading treatment or punishment. 79
6.2 Every kind of cruel, inhuman or degrading treatment or punishment is forbidden, whether physical or mental. Torture is a deliberate and more serious form of cruel, inhuman, or degrading treatment or punishment. 80
6.3 Torture is any act by which severe pain or suffering is intentionally inflicted by or urged by an sdministrative official or law enforcement officer on a person for such purposes as:
 

  1.  obtaining information or a confession from that person or from someone else; 81
  2. to punish that person for a suspected crime; 82 and
  3. to intimidate that person or other person. 83

6.4 Any statement obtained from a person by torture or by any other cruel, inhuman or degrading treatment or punishment shall not be allowed as evidence against that person or any other person in any proceeding. 84
6.5 Public officials have the duty to prevent torture or other cruel, inhuman or degrading treatment or punishment. 85
6.6 No exceptional circumstances may be used as a justification for torture or other cruel, inhuman, or degrading treatments or punishments. These exceptional circumstances include but are not restricted to war, political instability, a public emergency, or orders from a superior officer or official. 86
6.7 Responsible officials must supervise arrangements for the custody and treatment of detained persons to prevent torture, as well as illegal treatment or punishment. 87


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