QuestionsQuestions (COMMISSION ON HUMAN RIGHTS)
To promote policies, establish institutional mechanisms, and prescribe procedures and guidelines to prevent all forms of torture and other cruel, inhuman and degrading treatment or punishment, and to ensure implementation of R.A. No. 9745.
Torture is the intentional infliction of severe physical or mental pain or suffering for purposes such as obtaining information/confession, punishing, intimidating/coercing, or discrimination, when inflicted by/at the instigation of/with the consent or acquiescence of a person in authority or agent of a person in authority; it excludes pain or suffering arising only from lawful sanctions.
A deliberate and aggravated treatment or punishment not enumerated under the Act’s torture definition, inflicted by a person in authority or agent of a person in authority against a person in custody, reaching a level of severity causing suffering, gross humiliation, or debasement.
Examples include systematic beating/head banging/punching/kicking; food deprivation or forcible feeding with spoiled food or excreta; electric shock; cigarette burning; submersion of the head in water (until brink of suffocation); forcing stressful bodily positions; rape/sexual abuse; and others analogous.
Examples include blindfolding; threatening the victim or relatives with bodily harm/execution; confinement in solitary cells or secret detention places; prolonged interrogation; preparing a detainee for show trial/public humiliation; unscheduled transfer creating belief of summary execution; denial of sleep/rest; deliberate prohibition from communicating with family; and other analogous acts.
The IRR states torture and other cruel, inhuman and degrading treatment/punishment are absolute rights and apply in all circumstances; a state of war, public emergency, internal instability, or an order of battle cannot justify torture.
No person under arrest, detention, or custodial investigation may be kept in secret detention, solitary confinement, held incommunicado, prohibited custody, or similar forms of prohibited detention. If such detention centers are found, their use must be discontinued immediately.
The CHR may exercise visitorial powers at any time over jails, prisons, and detention facilities, and must have unrestricted access to any detention facility inside military camps, police lock-up cells, youth homes, and similar facilities. Custodial authorities must validate/verify CHR visitation team identity/authority without delay.
PNP, AFP, NBI, BJMP, BuCor, PDEA, and other law enforcement agencies and local chief executives must submit and maintain an updated list of all detention centers/facilities and the corresponding data on detainees/prisoners (e.g., names, dates, offense charged). It must be periodically updated within the first five (5) days of every month at the minimum.
Any confession, admission, or statement obtained as a result of torture is inadmissible in evidence in any proceeding, except if used as evidence against the person(s) accused of committing torture.
The victim is entitled to a prompt and impartial fact-finding investigation within sixty (60) days by CHR, PNP, DOJ/NBI, AFP, and other concerned agencies where the complaint is lodged; PAO assists in preparing affidavits and legal documents.
Every person arrested, detained, or under custodial investigation has the right to prompt and thorough examination to determine whether torture has been inflicted. Access must be without delay and examination is required before and after interrogation and immediately before and after transfer of the person to places of detention.
It is an immediately executory right upon demand of the victim without need of any court order or legal process, covering the detainee and immediate family members, and includes access for treatment purposes.
She must be attended to by a female doctor; if unavailable, male doctor is allowed only with written/oral consent and in the presence of a family member (preferably female) of sufficient age and discretion or an authorized representative. Facilities for women must be exclusive/separate from men. For sexual torture, utmost care and sensitivity applies; specialized care is provided if needed.
Medical examiners must conduct a diligent and complete examination. Any violation by conduct or omission must be referred to relevant authorities and medical associations for further investigation. Reports must be duly signed by the examining physician.
No. Torture is treated as a separate and independent crime and shall not be absorbed by or absorb other crimes/felonies committed as a consequence or as a means in the conduct of torture.
Torture is non-prescriptible (no statute of limitation/prescription applies). Also, amnesty is inapplicable: persons who committed any act of torture shall not benefit from any amnesty law or similar measures that exempt them from criminal proceedings and sanctions.