(1) Conduct constitutes the commission of a gross human rights abuse or violation if each of the following three conditions is met.
(2) The first condition is that -
(a) the conduct constitutes the torture of a person who has sought -
(i) to expose illegal activity carried out by a public official or a person acting in an official capacity, or
(ii) to obtain, exercise, defend or promote human rights and fundamental freedoms, or
(b) the conduct otherwise involves the cruel, inhuman or degrading treatment or punishment of such a person.
(3) The second condition is that the conduct is carried out in consequence of that person having sought to do anything falling within subsection (2)(a)(i) or (ii).
(4) The third condition is that the conduct is carried out -
(a) by a public official, or a person acting in an official capacity, in the performance or purported performance of his or her official duties, or
(b) by a person not falling within paragraph (a) at the instigation or with the consen
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