Torture Is A Crime Under The Anti-Torture Act of 2009: The Asian Human Rights Commission

Please go to http://material.ahrchk.net/philippines/AHRC-UAC-002-2010.pdf

Signing of Anti-Torture Act affirms RP's commitment to uphold human rights

MANILA, Philippines - Personal liberties and dignity of human life must prevail over extremism and violence, said Speaker Prospero Nograles as he lauded President Gloria Arroyo's signing of Republic Act 9745 or the Anti-torture Act of 2009 which strongly affirms the government's commitment to protect human rights.

Nograles said the Anti-torture Act of 2009 should be enough to persuade international human rights watchdogs and the US Congress which withheld portions of US military aid to the Philippines due to alleged widespread human rights violations in the Philippines, that the government is taking all the necessary steps to stop all forms of human rights abuses in the country.

"The President's timely move heightened the country's role in the global fight against all forms of human rights violations," Nograles said, adding that "no one should countenance crimes against persons, personal liberty and security in the guise of public order and peace."

Furthermore, radical elements hiding behind the cloak of nationalism, have miserably failed in their efforts to taint and destroy the country's image in the international community, he said.

Radicalism and extremism are not exclusive domains of the leftists as demonstrated by the radical elements in their flag-waving streets demonstrations in Metro Manila and other parts of the country, Nograles said, noting that rightists or even those claiming to be "angels of society like, among others, the Davao Death Squad, had been reported to have consistently resorted to killings and murders to ensure public order and save lives."

"Desperate elements of society, who are most capable of sacrificing national interest for selfish political or non-political interests, will always be there lurking in the dark for any chance to instigate chaos. We must all unite and strengthen people's participation in governance," Nograles said.

The international community, Nograles noted, continues to cite the country's unrelenting strides and programs to protect and promote human rights over the last decade.

Torture, under RA 9745, is an act by which pain or suffering (physical or mental) is intentionally inflicted on a person or persons for the purpose of obtaining from him/them or from a third person information or confessions.

Aside from torture, the law prohibits other cruel, degrading and inhuman punishments. The government instituted and enacted the measure in consonance with the 1984 United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the Philippines is one of the signatory-States.

Penalties on violators range from the minimum of arresto mayor to the maximum of reclusion perpetua or life imprisonment, depending on the gravity of the acts committed.

Nograles likewise stressed that the newly enacted landmark law mandates the regular and consistent consultations or dialogues between the representatives of government and its instrumentalities and the human rights groups.

The law penalizes a person for an act he committed or is suspected of having committed or for intimidating or coercing another or a third person for any reason and when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority. (Gil Bugaoisan)

Anti-Torture and Climate Change Bills to become landmark laws in Philippines

MANILA, Philippines - Speaker Prospero Nograles on Thursday said the approved final versions of the proposed "Anti-Torture Act of 2009" and "Climate Change Act of 2009" would soon become landmark laws promoting environment and human rights protection.

"We approved yesterday the conference committee reports which reconciled the House and Senate versions of the proposed landmark laws, both aimed at promoting quality human development," Nograles said.

The committee report on the Anti-Torture Act is a reconciled version of HB 5709 and SB 1978, while that of the proposed "Climate Change Act" is the consolidation of HB 5982 and SB 2583.

Majority Leader Arthur Defensor explained that "once the enrolled or final copies of the reconciled versions are approved by both chambers of Congress, printed (enrolled) copies are sent to the President for her appropriate action.

"Even as the budget deliberation on committee level has started, our legislative agenda will not be derailed," Defensor said.

The House, likewise approved on 3rd reading HB 6633, to be known as the "Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity," and HB 6517 or the "Anti-Photo and Video Voyeurism Act of 2009."

The House also adopted 24 various House Resolutions and approved on 3rd and final reading twelve (12) bills of various local concerns.

Also during plenary, the chamber presented House Resolution 555, citing the achievements of this year's winners of the Metro Bank Foundation Outstanding Teachers award.

Authors of HB 6633 (crimes against humanitarian law..) include Reps. Roilo Golez, Deputy Speaker Simeon Datumanong, Rufus Rodriguez, Mat Defensor, Lorenzo Tanada III, Salvador Escudero III, Jose Carlos Lacson, Rafael Mariano, Eduardo Nonato Joson, Edgardo Chatto, Luzviminda Ilagan, Joseph Emilio Abaya, Al Francis Bichara, Niel Tupas, Jr., and Deputy Majority Leader Jesus Crispin Remulla.

The authors stressed that the “State values the dignity of every human person and guarantees full respect for human rights, including the rights of indigenous cultural communities and other vulnerable groups.”

Authors of HB 6517 are Reps. Monico Puentevella, Irwin Tieng, Rufus Rodriguez, Mat Defensor, Bienvenido Abante, Eufrocino Codilla, Sr, and Deputy Speaker Amelita Villarosa.

Under HB 6517, appropriate penalties will be imposed against acts that would destroy or have the tendency to destroy the honor, dignity and integrity of a person, especially women. (Gil Bugaoisan)

House approves Anti-Torture Bill

MANILA, Philippines - The House of Representatives has approved on third and final reading the Anti-Torture Bill that will serve as antidote to human rights.

Rep. Edcel Lagman (1st District, Albay), one of the authors of the bill, said the measure aims to ensure that the rights of all persons, including suspects, detainees and prisoners, shall be respected and followed at all times as also declared in the 1987 Constitution.

Rep. Satur Ocampo (Party list, Bayan Muna), one of the prime movers of the measure, said the bill may stop or deter torture or summary execution against suspected political dissenters or a plain criminal.

"It is high time to enact a measure that will address the act of torture which violates the rights of those who espouse political beliefs, ideology, religion or views," Ocampo said.

Rep. Matias Defensor (3rd District, Quezon City), chairman of the House committee on justice, said it is the declared policy of the government to value the dignity of every human person and guarantee full respect for human rights.

Defensor said House Bill No.5709 also known as the Anti-Torture Act of 2009, aims to sustain the Constitutional mandate that "the employment of physical, psychological or degrading punishment against any prisoner or detainee or the use of substantial or inadequate penal facilities under subhuman conditions shall be dealt with by law."

Defensor said no person shall be placed under investigation or held in custody by any person in authority or agent of a person in authority shall be subjected to torture, physical harm, force, violence, threat or any act that impairs his or her free will.

Under the measure, torture among other definitions refers to an act by which severe pain or suffering whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession.

Among other acts of torture as specified under the measure are: systematic beating, punching, kicking, striking with a rifle or truncheon, food deprivation, electric shock, cigarette burning, submersion of the head in the water polluted with excrement, urine or vomit, rape and sexual abuse, dental torture, pulling out of fingernails and other analogous acts of mental or psychological torture.

The bill imposes 40 years imprisonment on violators for torture resulting in death or mutilation, torture with rape, torture with other forms of sexual abuse resulting to the victim being insane, imbecile, impotent, blind or maimed for life and torture committed against children.

The bill further provides 20 years imprisonment to those who commit any act of mental or psychological torture resulting in insanity, complete or partial amnesia, fear of becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or shame.

Violators shall also face 12 years imprisonment if the victim as a consequence of torture has lost the power of speech or the power to hear or to smell.

The other authors of the bill are Reps. Junie E. Cua (Lone District, Quirino), Lorenzo R. Tanada III (4th District, Quezon), Teodoro A. Casino (Bayan Muna), Liza L. Maza and Luzviminda C. Ilagan (Gabriela) and Minority Leader Ronaldo B. Zamora (Lone District, San Juan). (Isagani Yambot Jr.)