Law Summary
Key Definitions
- "Torture": Intentional infliction of severe physical or mental pain by a person in authority for purposes such as obtaining information, punishment, intimidation, or discrimination.
- "Other cruel, inhuman, and degrading treatment or punishment": Aggravated treatment causing suffering or humiliation by person in authority.
- "Victim": Person subjected to torture or cruel treatment, and individuals harmed by such acts.
- "Order of Battle": Document listing perceived enemies of the State for lawful engagement.
Enumerated Acts of Torture
- Physical torture includes systematic beating, food deprivation, electric shock, burning, water submersion, forced stressful positions, sexual abuse, mutilation, dental torture, exposure to elements, use of plastic bags for asphyxiation, and psychoactive drug use.
- Psychological torture includes blindfolding, threats, solitary confinement, prolonged interrogation, public humiliation, forced transfers, maltreatment of family members, denial of communication, and shame infliction.
Other Cruel, Inhuman and Degrading Treatment
- Deliberate and aggravated punishment not listed as torture but causing severe suffering and humiliation.
- Severity assessed considering duration, effects, and victim’s personal circumstances.
Absolute Right to Freedom from Torture
- Torture and cruel treatment prohibited under all circumstances, including war, political instability, or emergency.
- "Order of battle" or similar determinations cannot justify torture.
Prohibition of Secret Detention
- Secret detention places, solitary confinement, and incommunicado detention prohibited.
- PNP, AFP, and law enforcement agencies required to maintain and publicly disclose updated lists of detention facilities and detainees.
- Commission on Human Rights (CHR) receives and monitors these lists.
Exclusion of Confessions Obtained by Torture
- Confessions, admissions, or statements obtained through torture are inadmissible in any proceedings except against the torturer.
Protection of Victims in Complaint Process
- Victims entitled to prompt, impartial investigations by CHR, DOJ, PAO, PNP, NBI, and AFP.
- Government must provide protection against harassment or intimidation related to complaint filing and testimony.
- Protection of victims and associated persons during testimony to avoid further trauma.
Expedited Judicial Processes
- Habeas corpus, amparo, and habeas data petitions relating to torture victims must be disposed of promptly.
- Any court orders for release or protection must be promptly enforced.
Legal Assistance
- CHR and PAO shall assist in investigation and filing of complaints for torture victims.
- Barangay Human Rights Action Centers and human rights NGOs are available for legal support.
Rights to Medical and Psychological Examination
- Arrestees/detainees have the right to be physically examined by an independent doctor before and after interrogation.
- If unable to afford, State must provide competent independent doctors.
- Female detainees preferably attended by female doctors.
- Immediate access to adequate medical treatment mandatory.
- Medical and psychological reports must be detailed, signed, attached to investigation records, and considered public documents.
- Persons may waive these rights knowingly and voluntarily with counsel assistance.
Criminal Liability
- Principals include those who directly commit or induce torture, or cooperate in execution.
- Superior officers and senior officials who order, tolerate, or fail to prevent torture are equally liable.
- Accessories include public officers who conceal or benefit from torture without participation.
Penalties
- Reclusion perpetua for torture causing death, mutilation, rape, permanent insanity, or committed against children.
- Reclusion temporal for mental torture causing insanity or suicidal tendencies.
- Prison correccional or prison mayor for various levels of physical or psychological harm.
- Arresto mayor for acts of cruel, inhuman, or degrading treatment.
- Penalties for secret detention and failures to update and disclose detention records.
Torture as Independent Crime
- Torture is a distinct offense and penalties apply independently of other crimes related thereto.
Exclusion from Amnesty
- Perpetrators of torture cannot benefit from amnesty or similar exemptions from prosecution.
Non-Refoulement Principle
- No person shall be expelled or extradited to a country where they risk being tortured.
- Relevant agencies, including DFA, DOJ, and CHR, must assess risk based on human rights conditions.
Compensation for Victims
- Torture victims are entitled to compensation, with a minimum amount of Php 10,000.
- Victims may claim from other financial relief programs.
Rehabilitation Programs
- Within one year, DSWD, DOJ, DOH, and other agencies must develop rehabilitation programs for torture victims and their families.
- Parallel programs for perpetrators to attain restorative justice.
Oversight and Monitoring
- Creation of an Oversight Committee headed by a CHR Commissioner, including congressional committee chairs and minority leaders.
- Committee to periodically oversee implementation of the Act.
Education and Information Campaign
- Agencies including CHR, DOJ, DND, DILG must incorporate prohibition of torture into training for law enforcement, medical personnel, and public officials.
- DepED and CHED to integrate human rights education into all levels of primary, secondary, and tertiary education.
Applicability of Revised Penal Code
- The Revised Penal Code applies supplementary to this Act.
- Maximum penalties to be imposed when torture accompanies crimes under Crimes Against Persons and Crimes Against Personal Liberty and Security.
Appropriations
- Initial Php 5 million appropriated for CHR to implement the Act.
- Future funding included in General Appropriations Act.
Rulemaking
- DOJ and CHR, with human rights NGOs, to promulgate implementing rules and ensure dissemination to law enforcement.
Clauses on Validity and Repeal
- Invalid provisions do not affect the remainder of the Act.
- Laws and regulations inconsistent with this Act are repealed or modified.
Effectivity
- The Act takes effect 15 days after publication in Official Gazette or newspapers of general circulation.