Republic Act No. 9745, the Anti-Torture Act of 2009, stands as a cornerstone of human rights legislation in the Philippines. It's not merely a set of prohibitions; it's a comprehensive framework designed to eradicate torture and other forms of cruel, inhuman, or degrading treatment, reflecting the nation's commitment to upholding the inherent dignity of every individual. Let's delve into the intricacies of this vital piece of legislation.
I. Foundational Principles and Policy:
- Valuing Human Dignity:
- The Act begins by unequivocally stating the State's policy to value the dignity of every human person and guarantee full respect for human rights. This foundational principle permeates the entire legislation.
- Protection of Rights:
- It ensures that the human rights of all persons, including suspects, detainees, and prisoners, are respected at all times. This includes freedom from physical, psychological, or mental harm, force, violence, threat, or intimidation.
- Prohibition of Secret Detention:
- Recognizing that secret detention facilitates torture, the Act explicitly prohibits such practices, along with solitary confinement, incommunicado detention, and similar forms of detention.
- Adherence to International Standards:
- The Act aligns Philippine law with international human rights instruments, including the 1987 Philippine Constitution, the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW), and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
- The Act aligns Philippine law with international human rights instruments, including the 1987 Philippine Constitution, the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against
II. Defining Torture and Cruel Treatment:
- Torture Defined:
- The Act provides a precise definition of torture, encompassing acts that intentionally inflict severe pain or suffering, whether physical or mental, for purposes such as obtaining confessions, punishment, or intimidation.
- Crucially, it emphasizes that such acts must be inflicted by or with the consent of a person in authority or their agent.
- It also clarifies that pain or suffering arising only from, inherent in or incidental to lawful sanctions is not included.
- Acts of Torture:
- The Act enumerates specific acts of physical and mental/psychological torture, providing a comprehensive list that includes:
- Physical: Beating, food deprivation, electric shock, burning, submersion, forced positions, sexual abuse, mutilation, dental torture, exposure to elements, asphyxiation, and the use of psychoactive drugs.
- Mental/Psychological: Blindfolding, threats, solitary confinement, prolonged interrogation, "show trials," unscheduled transfers, maltreatment of family, witnessing torture, sleep deprivation, shame infliction, and denial of communication.
- The Act enumerates specific acts of physical and mental/psychological torture, providing a comprehensive list that includes:
- Other Cruel, Inhuman, and Degrading Treatment:
- The Act extends its protection to other forms of ill-treatment that cause suffering, humiliation, or debasement, even if they do not meet the strict definition of torture.
- The assessment of the level of severity is dependent on all circumstances of the case, including the duration of the treatment or punishment, its physical and mental effects and, in some cases, the sex, religion,
age and state of health of the victim.
III. Legal Safeguards and Enforcement:
- Absolute Prohibition:
- The Act emphasizes that freedom from torture is an absolute right, and no circumstances, including war, political instability, or "orders of battle," can justify its use.
- Prohibited Detention:
- The prohibition of secret detention is reinforced by the requirement for law enforcement agencies to maintain and publicly disclose updated lists of detention centers and detainees.
- Exclusionary Rule:
- Confessions obtained through torture are inadmissible in court, serving as a powerful deterrent. However, these confessions can be used against those accused of torture.
- Institutional Protection:
- The Act establishes mechanisms for the protection of torture victims, including:
- Prompt and impartial investigations by the Commission on Human Rights (CHR) and other relevant agencies.
- Government protection against harassment and intimidation.
- Protection during testimony and evidence presentation.
- The Act establishes mechanisms for the protection of torture victims, including:
- Legal Assistance:
- The CHR and the Public Attorney's Office (PAO) are mandated to provide legal assistance to torture victims.
- Medical Examination:
- The right to physical, medical, and psychological examination is guaranteed, with provisions for independent doctors and detailed medical reports.
- Criminal Liability:
- The Act clearly defines criminal liability, encompassing principals, superiors who issue orders, commanding officers who fail to prevent torture, and accessories.
IV. Penalties, Compensation, and Rehabilitation:
- Severe Penalties:
- The Act prescribes severe penalties, including reclusion perpetua for torture resulting in death or serious injury, and other penalties based on the severity of the harm caused.
- Torture as a Separate Crime:
- Torture is treated as a separate and independent crime, ensuring that it is not absorbed by other offenses.
- Exclusion from Amnesty:
- Persons who commit torture are excluded from the benefits of special amnesty laws.
- Refoulement:
- The Act prohibits the expulsion, return, or extradition of individuals to states where they face a risk of torture.
- Compensation:
- Torture victims have the right to claim compensation under Republic Act No. 7309, with a minimum compensation of Php 10,000.
- Rehabilitation:
- The Act mandates the formulation of comprehensive rehabilitation programs for torture victims and their families, as well as parallel programs for perpetrators.
- Monitoring and Education:
- An oversight committee monitors the implementation of the act.
- The act mandates education and information campaigns to raise awareness about the prohibition of torture.
V. Significance and Impact:
- Republic Act No. 9745 represents a significant step forward in the Philippines' commitment to human rights.
- It provides a robust legal framework for preventing and punishing torture.
- It strengthens the rule of law and promotes a culture of respect for human dignity.
- It improves the nations standing within the global community.
By comprehensively addressing the issue of torture, this Act reinforces the fundamental principle that human rights are inviolable and that those who violate them will be held accountable.