Question & AnswerQ&A (COMMISSION ON HUMAN RIGHTS)
These are the Implementing Rules and Regulations of Republic Act No. 9745, also known as the Anti-Torture Act of 2009.
To promote policies, establish mechanisms, and prescribe procedures and guidelines to prevent torture and other cruel, inhuman and degrading treatment or punishment, ensuring the implementation of Republic Act No. 9745.
Torture is an act by which severe physical or mental pain/suffering is intentionally inflicted for purposes such as obtaining information or punishment, done by or with the consent or acquiescence of a person in authority or their agents. It excludes lawful sanctions.
These refer to deliberate and aggravated treatment inflicted by a person in authority against a person in custody causing suffering, humiliation or debasement but are not enumerated under the section defining torture.
Any person vested with jurisdiction, individually or as part of a court, government corporation, board or commission.
Secret detention places, solitary confinement, incommunicado or similar forms of detention where torture may be committed are prohibited and must be discontinued immediately if found.
The penalty of reclusion perpetua (life imprisonment) is imposed on perpetrators of torture resulting in death, mutilation, rape, severe sexual abuse, or torture committed against children.
No, any confession, admission or statement obtained as a result of torture shall be inadmissible, except for use against the person accused of torture.
The victim has the right to prompt and thorough physical, medical and psychological examination by an independent and competent doctor of their own choice before and after interrogation, at no cost to them.
Those who directly participate, induce others, issue orders to commit torture, or commanding officers who know or should have known about the acts and failed to prevent or investigate are liable as principals.
No, persons who commit torture shall not benefit from amnesty laws or similar measures that exempt them from criminal proceedings and sanctions.
The rehabilitation program includes physical, mental, social, and psychological healing and development services for victims and their families, as well as parallel programs for persons convicted of torture.
CHR has visitorial powers with unrestricted access to all detention, rehabilitation, confinement and similar facilities for inspection.
Persons who establish, operate, or maintain secret detention centers or effect prohibited solitary or incommunicado detention practices shall be penalized with prision correccional.
Victims and witnesses shall be given government protection measures such as preventive suspension of accused officials, transfer of detainees to safe places, and available protections under the Witness Protection Act.
The PNP, AFP, NBI, BJMP, BuCor, PDEA, other law enforcement agencies, and local chief executives are mandated to maintain and periodically update detention centers lists and detainee registers.
Torture is a non-prescriptible offense, meaning it has no statute of limitation period.
Medical examiners must be independent and competent doctors legally and ethically obligated to conduct thorough and diligent examinations and prepare signed medical reports following prescribed standards.
Any person with personal knowledge of the circumstances of the crime may file a complaint, including the victim, relatives within the fourth degree of consanguinity, or authorized human rights NGOs.