QuestionsQuestions (DOH ADMINISTRATIVE ORDER NO. 2013-0008)
It provides health-sector guidelines to implement Section 19 of the IRR of RA 9745 by (1) establishing healthcare worker participation, (2) providing mechanisms so torture victims can demand an examination by a physician of their own choice, and (3) directing capability-building for assessment, diagnosis, treatment, documentation, and reporting of probable torture incidences.
It applies to all government and private health institutions, health facilities, and health practitioners.
Torture is the intentional infliction of severe physical or mental pain or suffering by or with the instigation/consent/acquiescence of a person in authority or agent of a person in authority, for purposes such as obtaining information/confession, punishing or intimidating/coercing, and it excludes pain or suffering arising from, inherent in, or incidental to lawful sanctions.
A physician freely chosen by the victim or authorized representative to conduct physical examination and treatment; physicians belonging to agencies involved in arrest/detention are not included unless the victim specifically allows it and circumstances so require. A licensed medical doctor by the PRC is considered competent.
Any person directly providing legitimate health services or anyone working in a healthcare institution or facility.
The absolute right to freedom from torture and other cruel, inhuman or degrading treatment or punishment applies to all circumstances.
The right of all persons in custody to be informed (in a language/dialect they understand) of their right to demand a physical examination by a physician of their own choice.
It should be prompt and thorough before and after interrogation, immediately before and after transfer of the person to detention places, and it includes access for treatment immediately executory upon demand without need of any court order.
That the detainee/person’s demand for physical, medical, and psychological examination for treatment is immediately executory—meaning healthcare workers should not delay or require court process before conducting the examination.
Do not participate in torture; conduct diligent and complete examination; prepare a comprehensive medical report within prescribed period using the DOH-recommended form; institute immediate treatment/referral; make lab/ancillary referrals; refer to appropriate facilities and experts for rehabilitation; recommend psychological management for family/witnesses; and assist government in administration of justice; violations are referred to relevant authorities and medical associations.
They must provide conditions such as privacy for history-taking and examination (audio/visual), medical supplies and report forms (and video equipment where needed), transportation/incidental expenses, coordination for safety and protection of medical examiner and records, official work schedule coverage, mechanisms to network alternative physician teams, and access to training/information related to the Act.
It classifies them into (1) physical torture, (2) mental/psychological torture, and also recognizes (3) other cruel, inhuman and degrading treatment or punishment not enumerated as physical or mental/psychological torture but reaching sufficient severity.
Examples include systematic beating/head banging/punching/kicking; food deprivation/forcible feeding with harmful substances; electric shock; cigarette burning/hot oil/chemical rubbing on mucous membranes; submersion of the head until brink of suffocation; harmful restraints/fixed stressful positions; rape/sexual abuse; mutilation/amputation; forced extraction of teeth; pulling out fingernails; harmful exposure to elements; plastic bag asphyxiation; use of psychoactive drugs; and other analogous acts.
Examples include blindfolding; threats of bodily harm/execution to the person or relatives; solitary/secret detention; prolonged interrogation; preparing a prisoner for show trial/public humiliation; unscheduled transfer causing fear of summary execution; maltreating family; causing torture sessions to be witnessed by family/third parties; denial of sleep/rest; shame infliction such as stripping/nudity/parading/shaving head; deliberate prohibition to communicate with family; and other analogous acts.
Its contents must comply with Section 24 of the IRR, using the Istanbul Protocol as basis for the form (Annex A). The medical report is treated as a public document, but release is limited to persons with legal interest; medical reports involving children and victims of sexual violence must be kept confidential under applicable laws.
It may be released by the medical examiner or records custodian only to persons with legal interest, including: the victim (unconditional), next of kin duly validated, lawyers authorized in writing by the victim, suspected perpetrators/representatives only after a court order, others authorized in writing by the victim, and others authorized by a court of law.
Completeness and quality are emphasized over haste; the form is recommended to be completed as early as possible (for inquest proceedings). Supplementary reports (diagnostic results, psychiatric evaluation, photographs, and other documents) should be prepared and submitted as soon as possible.