Law Summary
Declaration of Policy
- State policy is to respect human dignity and guarantee human rights.
- Prohibit torture of suspects, detainees, and prisoners by persons in authority or their agents.
- Secret detention, solitary confinement, and incommunicado detention are forbidden.
- Adhere to constitutional and international human rights standards including ICCPR, CRC, CEDAW, CAT, and UDHR.
Construction
- These rules are construed to effectuate the objectives of the Anti-Torture Act.
Definition of Key Terms
- Torture: Intentional infliction of severe physical or mental pain for various purposes by persons in authority or their agents; excludes lawful sanctions.
- Other cruel, inhuman, degrading treatment: Severe treatment not listed as torture but causing suffering or humiliation.
- Victim: Person subjected to torture or cruel treatment or harmed because of it.
- Person in authority and agents defined.
- Custodial investigation and interrogation defined.
- Solitary confinement and incommunicado detention explained.
- Right to physical examination and independent doctor for detainees established.
Acts Constituting Torture
- Physical torture includes systematic beating, electric shocks, food deprivation, sexual abuse, and other cruel acts.
- Mental/psychological torture includes threats, prolonged interrogation, denial of rest, public humiliation, and isolating communication.
Other Cruel, Inhuman, Degrading Treatment
- Defined as deliberate aggravating treatment causing suffering or gross humiliation.
- Severity assessed contextually including victim's circumstances.
Absolute Prohibition
- Torture is never justifiable under any circumstance including war or public emergency.
Filing Complaints
- Anyone with knowledge may file complaints of torture or cruel treatment.
Prohibition of Secret Detention and Similar Practices
- Secret detention, solitary confinement, and incommunicado detention are absolutely prohibited.
Inspection and Monitoring
- CHR has unrestricted access to all detention and confinement facilities.
- Agencies must keep updated lists and registers of detention centers and detainees and make them publicly accessible, with exceptions for children and sensitive cases.
Admissibility of Evidence
- Confessions or statements obtained by torture are inadmissible except against persons accused of torture.
Rights and Protection of Victims
- Victims entitled to prompt fact-finding investigations within 60 days assisted by PAO or other agencies.
- Children victims require accompaniment by social workers and protective measures.
- Victims and witnesses will be protected from threats or intimidation.
- Measures include preventive suspension of accused and protected testimony methods.
Legal Assistance
- CHR, PAO, IBP, NGOs, and barangay human rights centers assist in filing complaints and public education.
Medical and Psychological Examination Rights
- Persons under custody have the right to prompt medical, physical, and psychological exams by independent doctors chosen by the victim.
- Exams conducted at no cost; refusal to pay does not bar services.
- Female detainees must be examined by female doctors when possible, with sensitive handling of sexual torture cases.
Obligations of Medical Examiners and Reports
- Medical examiners must conduct thorough, ethical exams and prepare detailed written reports.
- Reports include factual case data, medical findings, psychological assessments, and certifications on examination conditions.
- Reports involving children and sexual violence victims remain confidential.
Waiver of Examination Rights
- Rights to examination can be waived only voluntarily, knowingly, in writing, with counsel assistance.
Liability and Classification of Offenders
- Principals include direct perpetrators and commanders who ordered or failed to prevent torture.
- Accomplices cooperate without principal status.
- Accessories are public officials who knowingly aid or conceal torture acts after commission.
- Special provisions govern child involvement applying child protection laws.
Penalties
- Severe penalties including reclusion perpetua for torture causing death, mutilation, rape, or committed against children.
- Reclusion temporal and prision correccional for psychological torture and less severe consequences.
- Arresto mayor for cruel, inhuman, or degrading treatment and for failure to maintain detention lists.
Treatment of Torture as Independent Crime
- Torture charges are independent and do not merge with other crimes.
Non-Applicability of Amnesty
- No amnesty applies to persons committing torture.
Non-Refoulement
- No person shall be extradited or expelled to a country where they risk torture.
Compensation and Rehabilitation
- Victims or their families may claim financial compensation with minimum amounts specified.
- Rehabilitation programs for victims and convicted perpetrators to facilitate healing and reintegration.
- Various government agencies and NGOs participate in program formulation and funding.
Monitoring and Oversight
- An Oversight Committee including CHR and legislative leaders monitors implementation and reports annually.
- NGOs may participate and request inquiry.
Education, Training, and Information Dissemination
- Mandatory education on anti-torture principles for government, law enforcement, medical personnel, and inclusion in curricula.
- Public information campaigns using mass media ensure awareness.
Non-Prescriptibility
- Torture cases have no statute of limitations.
Supplementary Application of Revised Penal Code
- Penal Code provisions apply supplementally; maximum penalties for crimes attended by torture acts.
Appropriations and Effectivity
- Initial budget appropriated for CHR implementation.
- Rules effective 15 days post publication.
Separability Clause
- Invalidity of any provision does not affect the rest of the rules.