SECTION 277-3 — Torture

(1) Whoever involuntarily causes death by torture shall be punished with life imprisonment. (2) The penalty shall be imprisonment for from 10 (ten) to 20 (twenty) years where torture causes a permanent deprivation of the use of all or part of a limb, organ or sense. (3) The penalty shall be imprisonment for from 5 (five) to 10 (ten) years and with fine of from CFAF 100 000 (one hundred thousand) to CFAF 1 000 000 (one million) where torture leads to illness or incapacity to work of more than 30 (thirty) days. (4) The penalty shall be imprisonment for from 2 (two) to 5 (five) years and with fine of from CFAF 50 000 (fifty thousand) to CFAF 200 000 (two hundred thousand) where torture leads to illness or incapacity to work of up to 30 (thirty) days, or pain or mental or psychological injury. (5) For the purposes of this section, "torture" shall mean any act by which acute pain or suffering, either physical, mental or psychological, is intentionally inflicted to a person by a public servant, a traditional leader or any other person acting in the course of duties either at his own instigation or with his express or implied consent, in order to obtain information or confessions from that person or from another, to punish her for an act that she or any other person has committed, or is presumed to have committed, to intimidate or overawe her or any other person, or for any other motive based on any discrimination. The word "torture" as so defined does not apply to pain or suffering resulting from legitimate punishments, inherent to or caused by them. (6) No exceptional circumstances, whatever they are, whether a state of war or threat of war, internal political stability or state of exception, may be invoked to justify torture. (7) Torture may not be justified by command of a superior or public authority. (8) The requirements provided in section 10 (1) of this Code shall not be applicable to torture. B - INTENTIONAL FORCE AND INTERFERENCE SERVICE LEGISLATIF ET REGLEMENTAIRE