Question & AnswerQ&A (PNP MEMORANDUM CIRCULAR NO. 2011-012)
The main policy is the strict prohibition of all forms of torture, hazing, and other cruel, inhuman, and degrading acts in the conduct of police training courses and all other police functions.
The legal references include Republic Act 9745 (Anti-Torture Law of 2009), Republic Act 9851 (International Humanitarian Law Act of 2009), and Republic Act 8049 (Anti-Hazing Law).
Torture refers to any punishment, hazing, and other forms of treatment or acts by which severe physical, psychological, or pharmacological pain or suffering is intentionally inflicted on police applicants, recruits, trainees, or personnel under PNP supervision.
Hazing is any form of physical or psychological suffering, punishment, or maltreatment imposed on police applicants, recruits, trainees, or any other person as a prerequisite for admission into or completion of PNP education and training courses.
It means deliberate and aggravated treatment or punishment, including discrimination inflicted by superior PNP officers or personnel on police applicants, recruits, or trainees undergoing training under PNP supervision.
The immediate officer is the police commissioned officer holding an office or position with immediate and direct control and supervision over the concerned personnel at the time the violation was committed.
It is the failure of a superior officer to take preventive or corrective action upon knowledge that torture, hazing, or cruel treatment were or are being committed by subordinates under his/her command or area of responsibility.
They shall be subjected to a thorough, speedy, and impartial investigation and appropriate sanctions if found guilty of human rights violations.
The immediate officer will be subject to immediate relief for neglect of duty if he/she fails to take action against the erring subordinate within 24 hours of knowledge of the violation.
If an immediate officer's subordinates are involved in three incidents of human rights violations during his/her tenure, the officer shall be immediately relieved on the presumption of negligence, regardless of whether corrective or preventive actions were taken.
They must direct and support Human Rights Officers in implementing the Human Rights Development Program, conduct human rights information drives, prevent and address torture and hazing, and cooperate with investigations.
They must be provided security or protection upon request until they are admitted into the government witness protection program.
It mandates coordination with these agencies especially when the victims of torture, hazing, or maltreatment are women, children, or minors to ensure protection and proper handling.
All inconsistent policies, directives, and issuances are deemed rescinded or modified accordingly.
It took effect immediately upon approval on April 19, 2011.