Question & AnswerQ&A (Republic Act No. 9745)
The short title of Republic Act No. 9745 is the "Anti-Torture Act of 2009."
The policy includes valuing the dignity of every human person, guaranteeing full respect for human rights including suspects, detainees and prisoners; prohibiting physical, psychological or mental harm during detention; prohibiting secret detention places; and adhering to international and constitutional standards against torture.
Torture refers to the intentional infliction of severe physical or mental pain or suffering on a person for obtaining information, punishment, intimidation, or discrimination, committed by or with the consent or acquiescence of persons in authority.
Physical torture includes systematic beating, food deprivation, electric shock, cigarette burning, submersion leading to suffocation, rape and sexual abuse, mutilation, dental torture, pulling out fingernails, harmful exposure to elements, use of plastic bags leading to asphyxiation, administration of psychoactive drugs, and other analogous acts.
Mental or psychological torture includes blindfolding, threatening bodily harm or execution, solitary confinement, prolonged interrogation, public humiliation, maltreatment of family members, denial of family communication, denial of sleep, shame infliction, and other analogous acts affecting mind and dignity.
No, secret detention places, solitary confinement, incommunicado or other similar forms of detention where torture may occur with impunity are strictly prohibited.
Any confession, admission, or statement obtained as a result of torture is inadmissible as evidence in any proceedings, except if used against those accused of committing torture.
Principals who directly participate or induce torture, superior officers who order or fail to prevent or investigate torture, and accessories who profit, conceal, or assist offenders are liable under the Act.
The penalty of reclusion perpetua (imprisonment of 20 years and 1 day to 40 years) is imposed for torture resulting in death, mutilation, rape, other sexual abuse, or permanent severe injuries including insanity or maiming, and when torture is committed against children.
No, persons who have committed any act of torture are excluded from benefiting from any special amnesty law or similar measures exempting them from criminal proceedings and sanctions.
A victim has the right to be informed of their right to physical and psychological examinations by an independent and competent doctor of their choice before and after interrogation, with medical reports to be attached to custodial investigation reports.
The Commission on Human Rights (CHR) along with government agencies such as DOJ, PAO, PNP, AFP, and NBI are tasked with prompt and impartial investigation of torture complaints.
The Oversight Committee periodically oversees the implementation of the Anti-Torture Act and is headed by a CHR Commissioner along with key Senate and House committee members.
The penalty is prison correccional for those who establish, operate, or maintain secret detention places or effect prohibited detention such as solitary confinement where torture may be carried out with impunity.
Victims have the right to claim compensation not lower than Ten thousand pesos, under Republic Act No. 7309, and may claim from other financial relief programs available under existing laws.