A/HRC/45/CRP.11 in their territory.53 Statements which are established to have been made as a result of torture shall not be invoked as evidence in any proceedings.54 49. Torture constitutes a crime against humanity when committed as part of a widespread or systematic attack.55 Under the Rome Statute, the crime against humanity of torture does not require the act to be committed with a specific purpose.56 Torture is considered as a crime under international law even when committed outside a widespread or systematic context. 57 50. Article 46 of the Venezuela Constitution prohibits torture and cruel, inhuman or degrading treatment. A special law was issued in 2013 to prevent and punish torture,58 which establishes a penalty between 15 and 25 years of deprivation of liberty for the crime. 59 51. Acts of sexual violence may also constitute torture or cruel, inhuman or degrading treatment. International tribunals, human rights courts, and treaty bodies have found that sexual violence, including rape, may reach the threshold of severe pain or suffering, whether physical or mental, necessary to be qualified as an act of torture, provided that the other elements of torture are met.60 52. Conduct of sexual violence other than rape that has been found to constitute torture or cruel, inhuman and degrading treatment includes, inter alia, threats of rape and other sexual violence against individuals or their family members,61 the touching of sexual body parts, 62 53 54 55 56 57 58 59 60 61 62 CAT, art. 7. CAT, art. 15. Rome Statute of the International Criminal Cour, art. 7(1)(f). The ICC Elements of Crimes requires the “purpose” element with respect to torture as a war crime but not as a crime against humanity (ICC Elements of Crimes, p. 7, footnote 14, stating: “It is understood that no specific purpose need be proved for this crime”).The ICTY and ICTR jurisprudence consider the purpose element as the distinguishing feature of torture as opposed to illtreatment (Akayesu, Trial Chamber Judgment, 2 September 1998, paras, 593-5; Čelebici, Trial Chamber Judgment, 16 November 1998, para. 459; Furundžija, Trial Chamber Judgment, 10 December 1998, para. 161; Krnojelac, Trial Chamber Judgment, 15 March 2002, para.180). See CAT, arts. 4 and 7. See also Updated Set of principles for the protection and promotion of human rights through action to combat impunity, E/CN.4/2005/102/Add.1, p. 6. Special Law to Prevent and Sanction Torture and other Cruel, Inhuman or Degrading Treatment, Official Gazette No. 40.212 of 22 July 2013. Article 2 of the Law emphasizes the constitutional principle (Article 29 of the Constitution) that the State has the obligation to prevent, investigate and punish crimes against human rights committed by public officials. In addition, article 20 provides for specific penalties for the intellectual author of the crime, while article 30 excludes the defence of superior orders as a possible ground for excluding criminal responsibility. Ibid., art. 17. International criminal tribunals have found that acts of sexual violence, including rape, may constitute torture or cruel, inhuman or degrading treatment. See, generally: ICTR, Prosecutor v Akayesu Judgement, ICTR-96-4-T, 2 September 1998, para. 597; ICTY, Prosecutor v Delalic et al, Judgement, 16 November 1998, paras. 495, 496; ICTY, Prosecutor v. Kvočka et al, Judgement, IT-98-30/1-T, 2 November 2001. Human rights courts and treaty bodies have reached similar conclusions. See, generally: ECtHR, Aydin v. Turkey, 25 September 1997, paras. 83-84; ECtHR, M.C. v. Bulgaria, Judgement, 4 December 2003; IACtHR, Ortega et al. v. Mexico, Judgement, 30 August 2010; IACtHR, Miguel Castro-Castro Prison v. Peru, Judgement, 25 November 2006, para 260. See also, inter alia, Special Rapporteur on torture and other forms of cruel, inhuman and degrading treatment, A/HRC/31/57 (2016); Committee Against Torture, CAT/C/67/D/854/2017, 22 August 2019. ICTY, Prosecutor v. Kvočka et al, Judgement, IT-98-30/1-T, 2 November 2001, para 144, 145; Committee Against Torture, Saad Ali v. Tunisia, CAT/C/41/D/291/2006, 21 November 2008, para 3.8; ECtHR, Al Nashiri v. Poland, App. No. 28761/11, 2015, paras. 504, 511, 516; EctHR, Elci and Ors. v. Turkey, App. No. 23145/93 and 25091/94, para 21. ICTY, Prosecutor v. Kvočka et al, Judgement, IT-98-30/1-T, 2 November 2001, paras 98, 99; Report of the UN Special Rapporteur on Torture on torture and ill-treatment in Mexico, A/HRC/28/68/Add.3, December 2014. 11