Question & AnswerQ&A (Republic Act No. 9745)
Republic Act No. 9745 is known as the "Anti-Torture Act of 2009."
Torture is defined as an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information or a confession, punishing, intimidating, or for discrimination, inflicted by or with consent of a person in authority.
Examples include systematic beating, electric shock, cigarette burning, submersion of the head in polluted water, rape and sexual abuse, mutilation, dental torture, pulling out fingernails, harmful exposure to elements, and use of psychoactive drugs.
Secret detention places, solitary confinement, incommunicado or other similar forms of detention where torture may be carried out with impunity are prohibited.
The penalty imposed is reclusion perpetua.
Any person who participated or induced torture, including superior officers who issued orders, commanding officers who failed to prevent or investigate, and public officers who act as accessories can be held criminally liable.
No, any confession, admission or statement obtained by torture shall be inadmissible except if used against a person accused of committing torture.
Victims have the right to a prompt and impartial investigation, protection against harassment or intimidation, and protection when testifying to avoid further trauma.
No, the law explicitly states that states of war, threats of war, internal political instability, or emergencies cannot justify torture or other cruel treatment.
Victims of torture are entitled to compensation not less than Ten Thousand Pesos (P10,000.00).
The Philippine National Police, the Armed Forces of the Philippines, and other law enforcement agencies are responsible for making and updating a list of all detention centers and detainees under their jurisdiction.
The CHR is tasked to investigate complaints, monitor the implementation of the Act, receive updated detention lists, and participate in promulgating rules and regulations.
It is deliberate and aggravated treatment inflicted by persons in authority against detainees causing suffering, gross humiliation or debasement, not otherwise enumerated as torture under Section 4.
The provisions of the Revised Penal Code are suppletory; crimes under it attended by acts of torture shall impose penalties in the maximum period.
The Department of Social Welfare and Development, Department of Justice, Department of Health, and human rights organizations participate in formulating rehabilitation programs for victims and offenders.