Guidelines for Anti-Torture Act Health Implementation

Applicable to all government and private health institutions, facilities, and health practitioners.

Uphold human dignity and the right to health for every individual, including detainees.
Adhere to constitutional and international commitments banning torture (e.g., ICCPR, CRC, CEDAW, CAT).
Enforce medical ethics per the Declaration of Tokyo 1975: doctors must not participate or condone torture, must maintain clinical independence, and respect patients’ rights including refusal of artificial feeding.
Promote implementation of the Anti-Torture Act alongside international protocols like the Istanbul Protocol.
Joint responsibility of health professionals and partner agencies for dissemination and enforcement.

Integrate healthcare workers in implementing the Anti-Torture Act.
Ensure victims or detainees can demand medical examination by doctors of their own choice.
Direct capability building for assessing, treating, documenting, and reporting torture victims and perpetrators.

Torture: Intentional severe physical or mental pain inflicted by authority figures for purposes such as extracting information, punishing, or intimidation.
Person in authority: Individuals vested with jurisdiction or public order responsibilities.
Independent and competent doctor: Licensed physician freely chosen by the victim, not affiliated with arrest/detention agencies unless consented.
Custodial investigation: Includes invitations to suspects under investigation per RA 7438.
Medical examiner: Physician conducting examination and issuing medical report.
Healthcare worker: Person providing direct health services or working in health facilities.
Medical examination: Physical and adjunct assessments to detect injuries or illness.
Forensic medicine: Application of medical knowledge for legal questions.

Physical Torture includes acts such as systematic beating, electric shocks, forced feeding with harmful substances, sexual abuse, mutilation, asphyxiation, and use of psychoactive drugs to induce pain or confessions.
Mental/Psychological Torture includes threats, solitary confinement, prolonged interrogation, public humiliation, denial of communication, sleep deprivation, and witnessing torture of relatives.
Other Cruel and Degrading Treatment involves aggravated punishments not classified as torture but causing gross humiliation or suffering.

Absolute freedom from torture and degrading treatment.
Right to be informed of and exercise choice of medical examination by physician of choice.
Right to prompt and thorough medical exams before and after interrogation or transfer without court order.
Right to investigation, witness protection benefits, and rehabilitation programs.

Health institutions must provide secure privacy, medical supplies, transport, and appropriate work conditions to medical examiners.
Establish networks and provide training to improve competence in handling torture cases.

Reports are public documents accessible to those legally entitled, with confidentiality for children and sexual violence victims.
Reports must be assigned permanent numbers and kept secure.
Timely completion of reports is essential, with priority on accuracy and quality.