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Question
In a city police station, Officer D interrogates detainee S, who is in custody for alleged drug trafficking. During the interrogation, D deprives S of sleep for 52 hours, withholds water and food for 24 hours, and subjects S to prolonged exposure to cold and forced standing in the interrogation room to coerce a confession. The acts occur under D’s official capacity; S is 26 years old. (a) Under Republic Act No. 9745 (Anti-Torture Act), has Officer D committed torture? Identify the essential elements and apply them to these facts. (b) Distinguish this conduct from ordinary physical injuries or grave threats under the Revised Penal Code. (c) If torture is established, who may be liable and what penalties apply under RA 9745? Include discussion of possible liability of a superior or the State if applicable.