The document outlines the key points of the Anti-Torture Act of 2009 in the Philippines. It defines torture and other cruel acts, lists various physical and mental acts that are considered torture. It identifies persons who can be criminally liable for committing torture, including direct participants and commanders. The penalties for different torture offenses ranging from imprisonment to death are also described. The document discusses preventive measures, the rights of victims, including access to medical examination and legal assistance.
The document outlines the key points of the Anti-Torture Act of 2009 in the Philippines. It defines torture and other cruel acts, lists various physical and mental acts that are considered torture. It identifies persons who can be criminally liable for committing torture, including direct participants and commanders. The penalties for different torture offenses ranging from imprisonment to death are also described. The document discusses preventive measures, the rights of victims, including access to medical examination and legal assistance.
The document outlines the key points of the Anti-Torture Act of 2009 in the Philippines. It defines torture and other cruel acts, lists various physical and mental acts that are considered torture. It identifies persons who can be criminally liable for committing torture, including direct participants and commanders. The penalties for different torture offenses ranging from imprisonment to death are also described. The document discusses preventive measures, the rights of victims, including access to medical examination and legal assistance.
The document outlines the key points of the Anti-Torture Act of 2009 in the Philippines. It defines torture and other cruel acts, lists various physical and mental acts that are considered torture. It identifies persons who can be criminally liable for committing torture, including direct participants and commanders. The penalties for different torture offenses ranging from imprisonment to death are also described. The document discusses preventive measures, the rights of victims, including access to medical examination and legal assistance.
To be able to enumerate acts of torture To be able to identify persons criminally liable under the law To be able to enumerate the rights of the victim under the law
Course: Anti Torture Act of 2009
Outline
1. Statement of Policy 2. Terms 3. Acts of Torture 4. Person Liable 5. Penalties 6. Preventive Measures 7. Rights of the Victim
Course: Anti Torture Act of 2009
Statement of Policy
To value dignity of every person
Ensure respect human rights of all persons to include suspects, detainees and prisoners Prohibit secret detention places and similar forms of detention Adherence to international and constitutional principles and standards
Course: Anti Torture Act of 2009
Terms
Torture is the intentional infliction of severe pain
and suffering, whether physical or mental, indirectly or directly by a person in authority or his agents, for the purpose of:
Obtaining confession or information
Punishment Intimidation or Coercion Or for any reason based on discrimination of any kind
Course: Anti Torture Act of 2009
Terms
Other Cruel, inhuman and degrading
treatment or punishment Acts not defined as torture, inflicted by a person in authority or his agents against a person in custody which attains the level of severity causing suffering, gross humiliation or debasement to the latter.
Course: Anti Torture Act of 2009
Terms
Order of Battle any document or determination made by AFP or LEAs; listing the enemies of the State, legitimate target as combatants it could deal, through the use of means allowed by law
Course: Anti Torture Act of 2009
Acts of Torture
A. Physical torture treatment or punishment that
causes severe pain, exhaustion disability or dysfunction of one or more part of the body; • Systematic beating, headbanging • Food deprivation or forcible feeding with spoiled food • Electric Shock
Course: Anti Torture Act of 2009
Acts of Torture
Cont… Cigarette burning; burning by electrically heated rods Submersion of the head in the water, urine… Tied or forced to assume fixed and stressfully bodily position Rape and sexual abuse
Course: Anti Torture Act of 2009
Acts of Torture
Cont… Mutilation and amputation Dental torture or forced extraction of the teeth Pulling out of fingernails Harmful exposure to elements Use of plastic bag and other material to cover the head to the point of asphyxiation
Course: Anti Torture Act of 2009
Acts of Torture
Cont… Use of psychoactive drugs to change perception Administration of drugs to induce confession or extreme pain Other analogous acts of physical torture
Course: Anti Torture Act of 2009
Acts of Torture
Mental Torture are acts calculated to confuse
the mind and/or undermine a person’s dignity and morale such as: Blindfolding Threat of bodily harm, execution or other wrongful acts to his person or to his relatives Confinement in solitary cells
Course: Anti Torture Act of 2009
Acts of Torture
Cont… Prolonged interrogation Public display or humiliation of a detainee Creating fear of summary execution Maltreatment of a person’s family Causing the torture sessions witnessed by others Denial of sleep/rest
Course: Anti Torture Act of 2009
Acts of Torture
Cont… Shame infliction Prohibitingto communicate with any member of the family Other analogous acts of mental/psychological torture
Course: Anti Torture Act of 2009
Persons liable
Principals Direct participation Superior officer who issued an order Immediate commanding officer, with knowledge, by omission or negligence deliberate failure to prevent or make corrective action
Course: Anti Torture Act of 2009
Persons liable
Accessory Public officer or employee, not principal or accomplice, knowledge of the torture, takes part subsequent to its commission by; profiting or assisting the offender to profit concealing the act of torture harboring or assisting the escape of the principals
Course: Anti Torture Act of 2009
Penalties
Reclusion Perpetua (12+1 to 20 yrs)
Death Mutilation Rape Victim become insane, impotent, blind, imbecile or maimed for life Committed against Children
Course: Anti Torture Act of 2009
Penalties
Reclusion Temporal (12+1 to 20 yrs)
Insanity, complete or partial amnesia, fear
of becoming insane or suicidal tendencies of the victim due to guilt, worthlessness or shame.
Course: Anti Torture Act of 2009
Penalties
Prision mayor (6+1 to 12 yrs)
(med-max) lost of speech, hearing, smell, an eye, limb or lost use of such member or permanently incapacitated for labor (min-med) become deformed or lost part of his body or use thereof other the above or become ill or incapacitated for more that 90 days
Course: Anti Torture Act of 2009
Penalties
Prision correctional (6 mos+1 to 6 yrs)
Torture results to psychological, mental and
emotional harm other than those in par (b) Maintenance or operation of prohibited detention (max) ill or incapacitated for labor for more than 90 days (min to med) ill or incapacitated for labor for more than 30 days or less
Course: Anti Torture Act of 2009
Penalties
Arresto mayor ( 1mo +1 to 6 mos)
For all acts constituting cruel, inhuman or
degrading treatment or punishment (sec 5);
AFP and LEAs failure to maintain, submit or
make available an updated list of detention facilities and prisoners or detainees
Course: Anti Torture Act of 2009
Preventive Measures
Exclusionary Rule
admissions, confessions as a result of torture
is inadmissible. Except if same is used against the person of the accused.
Course: Anti Torture Act of 2009
Preventive Measures
Prohibited Detention Secret detention places, solitary confinement, incommunicado or other similar forms. Periodical updates on detention facilities and detainees by AFP, PNP and other LEAs to CHR
Course: Anti Torture Act of 2009
Rights of the victim
Freedom from torture, an absolute right
A state of war, a threat of war, internal
political instability, or any public emergency, or a document or any determination comprising “order of battle”; not a justification
Course: Anti Torture Act of 2009
Rights of the victim
Right to Physical, Medical and psychological
Examination, before and after interrogation; To demand physical examination by doctor of his choice The State shall provide a competent and independent doctor immediate access to proper and adequate medical treatment Provided with psychological examination if available under the circumstances The right to be informed
Course: Anti Torture Act of 2009
Rights of the victim
Legal Assistance
in the investigation and monitoring and/or filing
of complaint from: CHR PAO Barangay Human Rights Action Center HR NGOs
Course: Anti Torture Act of 2009
Rights of the victim
Institutional Protection
Prompt and impartial investigation
Sufficientgovernment protection against all forms of harassment Sufficient protection in order to avoid further trauma
Course: Anti Torture Act of 2009
Compensation to victims
The right to claim compensation provided
under RA 7309 In no case compensation shall be lower that 10K Not barred from other financial relief programs available
