QuestionsQuestions (Republic Act No. 9745)
The short title is the “Anti-Torture Act of 2009.” The policy is to value human dignity, guarantee respect for human rights of suspects, detainees, and prisoners at all times; prohibit physical, psychological, or mental harm or acts impairing free will or demeaning human dignity; prohibit secret detention and similar detention where torture may be carried out with impunity; and adhere to constitutional and international human rights standards condemning and prohibiting torture.
Torture is an act intentionally inflicting severe pain or suffering (physical or mental) for purposes such as obtaining information/confession, punishing, intimidating or coercing, or discrimination of any kind, when inflicted by/with the instigation of/with consent or acquiescence of a person in authority or agent of a person in authority. It excludes pain or suffering arising only from, inherent in, or incidental to lawful sanctions.
It refers to deliberate and aggravated treatment or punishment not enumerated under Section 4, inflicted by a person in authority or agent against a person under custody, reaching a severity causing suffering, gross humiliation, or debasement.
“Order of Battle” is defined as military/police/law enforcement documents listing perceived enemies and legitimate targets. Its relevance is that, under Section 6, neither an order of battle nor any such circumstance can ever be invoked to justify torture or other cruel, inhuman and degrading treatment or punishment.
Examples include systematic beating/headbanging/punching/kicking; food deprivation or forcible feeding with spoiled food/excreta; electric shock; cigarette burning; submersion of the head in water until the brink of suffocation; rape and sexual abuse; harmful exposure to elements; placing a plastic bag over the head to the point of asphyxiation; use of psychoactive drugs to induce confession or reduce mental competency; and other analogous acts.
Examples include blindfolding; threatening a person or relatives with bodily harm/execution; confinement in solitary cells or secret detention places; prolonged interrogation; preparing a prisoner for a “show trial” or public humiliation; causing unscheduled transfer to create belief of summary execution; maltreating a member of the family; causing torture sessions to be witnessed by family/relatives or third parties; denial of sleep/rest; shame infliction like stripping or parading naked; deliberately prohibiting communication with family; and other analogous acts.
Both involve acts by a person in authority or agent against someone in custody. “Torture” includes the intentional infliction of severe pain or suffering for specific prohibited purposes, while “other cruel, inhuman and degrading treatment or punishment” covers deliberate aggravated treatment not enumerated under Section 4 that reaches a level of severity causing suffering, gross humiliation, or debasement, without necessarily requiring the specific intent/purpose element tied to “torture” as defined.
It declares torture and other CID treatment or punishment as criminal acts applicable to all circumstances and an absolute right. It explicitly states that a state of war or threat of war, internal political instability, public emergency, or an “order of battle” document/determination shall never justify torture or CID treatment.
Secret detention places, solitary confinement, incommunicado detention, or similar forms of detention where torture may be carried out with impunity are prohibited. PNP, AFP, and other law enforcement agencies must maintain and publish updated lists of all detention centers/facilities and detainees/prisoners (names, date of arrest/incarceration, crime/offense), make the list available to the public, submit a copy to CHR (to be updated within the first five days of every month), and regional offices must maintain and publish similar lists and submit copies to CHR regional offices similarly.
It is inadmissible in evidence in any proceedings. The only exception is if it is used as evidence against a person or persons accused of committing torture.
Key rights include: (1) prompt and impartial investigation by CHR and concerned agencies (DOJ, PAO, PNP, NBI, AFP) with a report/resolution completed and made available; (2) government protection against harassment/threat/intimidation as a consequence of filing the complaint or presenting evidence, including security for the victim and involved persons (lawyer, witnesses, relatives); and (3) sufficient protection in the manner the victim testifies and presents evidence to avoid further trauma.
They must be disposed of expeditiously. Any order of release or other appropriate court order relative thereto must be executed or complied with immediately.
Before and after interrogation, persons arrested/detained/under custodial investigation have the right to demand physical examination by an independent and competent doctor of their own choice. If they cannot afford, the State provides an independent competent doctor. The State should provide psychological evaluation if available; if the detainee is female, preferably attended by a female doctor. They and immediate family have the right to immediate access to proper and adequate medical treatment. Medical reports (duly signed and attached to the custodial investigation report) become public documents and must contain specified details; waiver is allowed only knowingly and voluntarily in writing with counsel’s presence.
Those who actually participate or induce another; those who cooperate in execution by previous or simultaneous acts; superior military/police/law enforcement or senior government officials who issue orders to commit torture; and immediate commanding officers or immediate senior public officials who, through acts or omissions/negligence, lead/allow/assist/abet torture by subordinates, including those who should have known and failed to take preventive or corrective action. Liability extends to principals by virtue of command/supervisory responsibility under the statute.
A public officer/employee with knowledge who did not participate in torture but takes part subsequent to commission: profiting from or assisting offender to profit; concealing the act and/or destroying effects/instruments to prevent discovery; or harboring/concealing/assisting escape—provided the accessory acts are done with abuse of the official’s public functions.
Section 15 states that torture will not be absorbed by or absorb any other crime/felony committed as a consequence or means of the conduct, so torture is treated as a separate independent crime with penalties imposable without prejudice to other criminal liabilities. Section 16 provides that persons who committed torture shall not benefit from any special amnesty law or similar measures that exempt them from criminal proceedings and sanctions.
Any confession, admission, or statement obtained as a result of torture is inadmissible in any proceedings, except if used as evidence against persons accused of committing torture.