Statement of Policy
- Emphasizes the State’s commitment to valuing human dignity and ensuring respect for human rights.
- Guarantees protection for all persons, including suspects, detainees, and prisoners, against physical, psychological, or mental harm inflicted by persons in authority.
- Prohibits secret detention places, solitary confinement, incommunicado detention, and similar forms that facilitate torture.
- Aligns with the 1987 Philippine Constitution and international human rights instruments like ICCPR, CRC, CEDAW, CAT.
Definitions
- "Torture": Intentional infliction of severe physical or mental pain for obtaining info, punishment, intimidation, or discrimination by persons in authority.
- "Other cruel, inhuman and degrading treatment or punishment": Aggravated treatment causing suffering or humiliation by persons in authority.
- "Victim": Person subjected to torture or cruel treatment and any person harmed as a result.
- "Order of Battle": Military/police document listing enemies of the State as legitimate targets.
Acts of Torture
- Physical torture includes systematic beating, food deprivation, electric shock, burning, sexual abuse, mutilation, dental torture, pulling out fingernails, harmful exposure, use of plastic bags for asphyxiation, psychoactive drugs administration.
- Psychological torture includes blindfolding, threats, solitary confinement, prolonged interrogation, public humiliation, denial of sleep, communication prohibition, and other acts undermining dignity and morale.
Other Cruel, Inhuman and Degrading Treatment or Punishment
- Applies to deliberate, aggravated treatment causing suffering or gross humiliation, with assessment based on circumstances including victim’s condition.
Freedom from Torture as an Absolute Right
- Torture and cruel treatment are prohibited under all circumstances including war, political instability, or emergencies.
- No justification based on "order of battle" or other conditions.
Prohibited Detention
- Secret detention, solitary confinement, and incommunicado detention are banned.
- Law enforcement agencies must maintain updated, publicly accessible lists of detention centers and detainees.
- These lists must be submitted monthly to the Commission on Human Rights (CHR).
Exclusionary Rule
- Confessions or statements obtained by torture are inadmissible except when used against perpetrators of torture.
Institutional Protection of Victims
- Victims have rights to prompt, impartial investigation by CHR, DOJ, PAO, PNP, NBI, AFP.
- Protection from harassment, threats, and intimidation related to complaints or evidence presentation.
- Protection during testimony to avoid additional trauma.
Judicial Proceedings
- Writs of habeas corpus, amparo, and habeas data involving torture victims must be expedited and orders executed immediately.
Assistance in Filing Complaints
- CHR and PAO provide legal assistance; victims may also seek help from Barangay Human Rights Action Centers and human rights NGOs.
Right to Physical, Medical and Psychological Examination
- Persons arrested/detained must be informed of the right to examination by an independent doctor.
- State provides medical and psychological evaluation if victim cannot afford a private doctor.
- Female detainees should preferably be examined by female doctors.
- Medical reports must be detailed, signed, and attached to investigation reports; considered public documents.
- Right to immediate medical treatment and access for immediate family.
- Waiver of these rights must be in writing and voluntary.
Criminal Liability
- Principals: Persons who perpetrate, induce or cooperate in torture; superior officers who order or allow torture.
- Immediate commanders/officers liable if they knew or should have known about torture and failed to act.
- Accessories: Officials who profit, conceal, or harbor perpetrators post-commission of torture, abusing public functions.
Penalties
- Reclusion perpetua for torture resulting in death, mutilation, rape, severe consequences, or committed against children.
- Reclusion temporal for mental/psychological torture causing insanity or suicidal tendencies.
- Prison correccional or prison mayor depending on severity of physical/psychological harm.
- Arresto mayor for cruel, inhuman, degrading treatment.
- Prison and arresto mayor penalties for secret detention operation or failure to maintain detention lists.
Torture as Separate and Independent Crime
- Torture is treated independently and penalties imposed irrespective of other crimes committed.
Exclusion from Amnesty
- Perpetrators of torture cannot benefit from special amnesty laws or similar exemptions.
Non-Refoulement Principle
- No expulsion or extradition of persons to countries where there is substantial risk of torture.
- Department of Foreign Affairs and DOJ, coordinating with CHR, must evaluate relevant human rights conditions.
Compensation to Victims
- Victims entitled to compensation not less than PHP 10,000 under Republic Act No. 7309.
- Eligibility for other financial relief programs as provided by law.
Rehabilitation Program
- DSWD, DOJ, DOH, concerned agencies, and human rights groups must develop comprehensive rehabilitation programs within one year.
- Programs must address physical, mental, social, psychological healing.
- Parallel rehabilitation for perpetrators to promote restorative justice.
Oversight Committee
- Created to monitor implementation of the Act.
- Chaired by a CHR Commissioner, with Senate and House Justice and Human Rights Committee chairs and minority leaders as members.
Education and Information Campaign
- Training on prohibition of torture for law enforcement, medical personnel, public officials.
- Integration of human rights education in all academic levels.
Applicability of Revised Penal Code
- Penal Code provisions supplement this Act.
- When torture attends other crimes under Crimes Against Persons or Personal Liberty, penalties are imposed at maximum.
Appropriations
- Initial allocation of PHP 5 million to CHR for implementation.
- Continued funding included in General Appropriations Act.
Implementing Rules and Regulations
- DOJ and CHR, with participation of human rights NGOs, to promulgate rules and ensure dissemination to law enforcement.
Separability Clause
- Invalidity of any provision does not affect validity of the remainder of the Act.
Repealing Clause
- Conflicting laws, decrees, rules repealed or modified accordingly.
Effectivity
- The Act takes effect fifteen (15) days after publication in the Official Gazette or two newspapers of general circulation.