Anti Torture Law

2.6.
AN ACT PENALIZING TORTURE

AND OTHER CRUEL, INHUMAN
AND DEGRADING TREATMENT
OR PUNISHMENT
(R.A. 9745)
(signed into law on November 10, 2009)
A.
Salient Features
Salient Features of Anti-Torture Law
Types of Physical Mental/ Other Cruel, Inhuman,

Torture Psychological Degrading Acts
Individual Responsibility as Principal,
Accomplice or Accessory
Offenders: Superior Responsibility – Immediate superior
State Actors
held liable as principal
only
Command Responsibility – Immediate superior
of unit is administratively
Salient Features of Anti-Torture Law
Arresto Mayor (1-6 months imprisonment) up to
Penalties Reclusion Perpetua (Life Imprisonment) depending
on gravity & result of torture
All persons arrested, detained, or under
investigation have right to physical, medical and
psychological examination before and after
interrogation
Torture is a separate & independent crime --- not
Other absorbed by any other crime or felony committed
Features as a consequence or as a means in the conduct or
commission thereof
No amnesty for those convicted of torture
Seeks to protect all persons under custody of
police, military, intelligence units, other agencies
in security sector
B.
What is Torture ?
Torture is:
1. An act by which severe pain or suffering, whether physical
or mental, is inflicted on a person…to obtain from him /
her or a third person information or confession;
2. It is a punishment or ill-treatment for an act that he/she or
a third person has committed or is suspected of having
committed;
3. Or intimidating or coercing him/her or a third person for
any reason based on discrimination of any kind.
4. It is committed by a person in authority or by an agent of a
person in authority.
5. It does not include any pain or suffering arising only from,
inherent in, or incidental to lawful sanctions.
C.
Physical Torture
Lists of Physical Torture Defined in R.A. 9745
1.Systematic beating, head-banging, punching, kicking,
striking with truncheon, or rifle butt, or other similar
objects, jumping on stomach;
2.Food deprivation or forcible feeding with spoiled food,
animal or human excreta, and other stuff or substances
not normally eaten;
3.Electric shock;
4.Cigarette burning, burning by electric rods, hot oil,
acid; rubbing of pepper or chemical substances;
5.Submersion of head in water or urine, excrement,
vomit, blood;
6.Being tied or forced to assume fixed, stressful bodily
position;
7.Rape & sexual abuse;
Lists of Physical Torture Defined in R.A. 9745
8. Mutilation or amputation of body parts;

9. Dental torture or forced teeth extraction;
10. Pulling out of fingernails;
11. Harmful exposure to elements such as sunlight and col
12. Use of plastic bag & other materials on the head to the
point of suffocation / asphyxiation;
13.Use of psychoactive drugs to change perception,
memory, alertness, and will of person such as:
(i) The administration or drugs to induce confession and/or
reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain
symptoms of a disease;
14. Other analogous acts of physical torture.
Mental/Psychological Torture
refers to acts committed by a
person in authority or agent of a
person in authority which are
calculated to affect or confuse the
mind and/or undermine a person's
dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/her
relative(s) with bodily harm, execution
or other wrongful acts;
(3) Confinement in solitary cells or
secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial",
public display or public humiliation of a
detainee or prisoner;
(6) Causing unscheduled transfer of a
person deprived of liberty from one place to
another, creating the belief that he/she shall
be summarily executed;
(7) Maltreating a member/s of a person's
family;
(7) Maltreating a member/s of a
person's family;
(8) Causing the torture sessions to be
witnessed by the person's family,
relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the
person naked, parading him/her in public
places, shaving the victim's head or putting
marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to
communicate with any member of his/her
family; and
(12) Other analogous acts of
mental/psychological torture.
D.
Other Cruel, Inhuman and

Degrading Treatment
or Punishment
(CIDTP)
Other Cruel, Inhuman and Degrading
Treatment or Punishment (CIDTP)
Deliberate or aggravated treatment -- not listed

under physical, mental/psychological torture -- that
is inflicted by a person in authority or an agent of a
person in authority against a person in custody
which attains a level of severity sufficient to cause
suffering, gross humiliation, or debasement.

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2.6.

AN ACT PENALIZING TORTURE

Types of Physical Mental/ Other Cruel, Inhuman,

8. Mutilation or amputation of body parts;

Other Cruel, Inhuman and

Deliberate or aggravated treatment -- not listed

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