'Torture - crimes against humanity' in document 'Spain: Provisions of Criminal Code implementing RS'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE XXIV
Offences against the International Community

CHAPTER II BIS
Crimes against humanity

Article 607 bis
2. Those convicted of crimes against humanity shall be sentenced:
8th. To four to eight years’ imprisonment for grave torture of persons that were in their custody or control, and to two to six years’ imprisonment for less serious cases.
For the purposes of this Article, torture shall mean subjecting people to physical or mental suffering.
Any sentence imposed for torture shall be in addition to any sentence imposed, where appropriate, for violation of the victim’s other rights.

RELEVANT ROME STATUTE PROVISIONS

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;