GENERAL APPEAL (Philippines): Call for torture legislation to be passed immediately in the Philippines 

Dear friends,

The Asian Human Rights Commission (AHRC) daily reiterates that torture is one of the most abhorrent assaults on human dignity. In whatever form or manner torture is committed, it leaves a deep and lasting scar not just on the flesh and psyche of its victims and their families, but on the very foundations of a society.

Philippine history and present day reality is filled with accounts of tortured citizens who are either alleged members or suspected sympathisers of armed opposition groups. Even ordinary suspects in criminal cases and members of the country’s most marginalised communities, including women and children, are subjected to torture to extract confessions or admissions that will be used against them, as well as to intimidate and shatter their will.

The Philippines is a signatory to major international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), and the Convention against Torture. As enshrined in Article 7 of the ICCPR and other standards, “No one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” By ratifying the Convention on Torture, the Philippines became bound by its provisions and thereby committed itself to “take effective legislative, administrative, judicial and other measures” to prevent torture in any territory under its jurisdiction.

Likewise, Section 19(2), Article III of the 1987 Philippine Constitution provides that “The punishment of physical and psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.” Additionally, Section 12(2) of the Constitution states, “No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.” Furthermore, under Executive Order 163, the Philippine Commission on Human Rights (PCHR) was established to reinforce the State policy that “the State values the dignity of every human person and guarantees full respect for human rights.”

Despite these strict constitutional provisions, the Philippines does not have a law that defines and punishes torture. Perhaps in large part because of this, torture in the Philippines persists. Therefore, it is imperative that the Philippine Government enact an enabling law that expressly criminalises and bans the practice of torture, so as to prevent torture and the ill-treatment of persons while in custody.

The passing of a torture law would expressly affirm the policy of the State to fully adhere to the principles and standards it is internationally obligated to. It would show the absolute condemnation and prohibition of torture set by the Constitution and the various international human rights and humanitarian laws to which the Philippines is a signatory. Also, it would guarantee that the rights of all persons, including suspects, detainees and prisoners are respected at all times.

Such a proposed law has now been pending in the Congress and the Senate in the Philippines for many years with numerous bills having been drafted and presented to the Congress and the Senate in order to make torture a crime. However, these bills, which have been more or less similar in nature with minor variations, have been prevented due to a variety of circumstances. These bills have met little resistance externally. However, there also has been a lack of support to push the law into legislation.

For the bill to be passed, it must first go through three readings both before Congress and the Senate. After approval from both Houses of Congress, a copy of the bill must be signed by the Senate President and the Speaker of the House of Representatives. It is then certified by the Senate Secretary and the House Secretary General and sent to the President. If the bill is approved by the President, it becomes enacted as a legal Republic Act. If the President does not act on it, it becomes a law after a lapse of 30 days. If it is vetoed, it is sent back to the Chamber where it originated with the President citing her reasons for the veto. A President’s veto can only be overturned by a 2/3 vote of both Chambers of Congress.

Unfortunately, the legislation bill has never gone as far as the President, and is therefore yet to become a law. This is extremely unfortunate for the people of the Philippines, particularly those who have been subjected to torture by the country’s law enforcers. The current bill (House Bill No. 4307) seeks “an act penalizing the commission of acts of torture and for other purposes”. It was filed on 11 May 2005 and introduced by Akbayan Party List representatives, Loretta Ann Rosales, Mario Joyo Aguja and Ana Theresia Hontiveros-Baraquel.

The bill defines torture as “any act by which severe pain or suffering, whether physical, mental or pharmacological is intentionally inflicted by or at the instigation of or with consent or acquiescence of a public official or other person acting in an official capacity, including officers and men from the military, police and other law enforcement agencies, on a person for such purposes as obtaining from him/her or a third person information or confession, punishing him/her for an act he/she has committed or suspected of having committed, or intimidating and coercing him/her or a third person, or for any reason based on discrimination of any kind”. The bill emphasises the inadmissibility of evidence obtained through torture and provides for criminal sanctions against perpetrators of torture and expressly states that “an order from a superior officer or from a superior in the office or public authority shall not be invoked as justification for torture”. It punishes the commanding officer as an accessory to the crime for any acts of omission or negligence that may have led to the commission of torture by his subordinates. It provides for the right to independent medical examination and for the promotion of education against torture under the auspices of the Commission on Human Rights, with the cooperation of the AFP and the PNP. (For further details of the bill, please refer to http://philippines.ahrchk.net/news/mainfile.php/leg_prop/27).

Until this proposed law is passed in the Congress and Senate, and until the President of the Philippines acknowledges that torture will continue to pervade her country while there is no law in place to prevent or punish it, torture will continue to affect the lives of ordinary citizens in the Philippines. It will further deny them of one of the most fundamental rights they should possess.

We therefore call on all concerned persons to mount substantial pressure on President Arroyo and the members of the Philippines Congress and Senate to have this bill passed. The push for the passing of a torture legislation in the Philippines could not be more timely since the Congress has reopened its session in recent weeks.

We ask that you write consistently on this matter to the relevant authorities listed below and request that they take a stand in the face of torture and torturers alike. Please ask them to use all of their authority to see that this bill is passed before the Congress and Senate and that the President then approves it, ensuring that it becomes a legal Republic Act.

The Asian Human Rights Commission believes that the time has long since passed that the Philippines should enact a domestic law that expressly criminalises, bans and punishes the practice of torture. We trust that you will share in this belief and will work with us on our campaign to have the torture legislation passed in the Philippines.

SUGGESTED ACTION:

Please write a letter to the relevant authorities listed below calling for the torture legislation to be passed immediately in the Philippines.

 

 

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