Annex 4 AN EXAMPLE OF COMPLIANCE ? (A) The definition of “torture” in the Convention against Torture Article 1 1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. (B) The Crimes Legislation Amendment Act 2009 Article 274.2 Torture (1) A person (the perpetrator) commits an offence if the perpetrator: (a) engages in conduct that inflicts severe physical or metal pain or suffering on a person (the victim) ; and (b) the conduct is engaged in: (i) for the purpose of obtaining from the victim or from a third person information or a confession; or (ii) for the purpose of punishing the victim for an act which the victim or a third person has committed or is suspected of having committed; or (iii) for the purpose of intimidating or coercing the victim or a third person; or (iv) for a purpose related to a purpose mentioned in subparagraph (i)(ii) or (iii); and (a) the perpetrator engages in the conduct: (i) in the capacity of a public official; or (ii) acting in an official capacity; or (iii) acting at the instigation, or with the consent or acquiescence of a public official or other person acting in an official capacity. Penalty: imprisonment for 20 years (2) A person (the perpetrator) commits an offence if the perpetrator: (a) engages in conduct that inflicts severe physical or mental pain or suffering on a person: and (b) the conduct is engaged in for any reason based on discrimination of any kind; and (a) the perpetrator engages in the conduct: (i) in the capacity of a public official; or (ii) acting in an official capacity; or (iii) acting at the instigation, or with the consent or acquiescence of a public official or other person acting in an official capacity. Penalty: imprisonment for 20 years 33