At Last, Philippines Now Has Law Against Torture

MANILA - Twenty-three years after the Philippine government ratified the Convention Against Torture (CAT), a domestic law penalizing acts of torture in the country was finally passed last week when President Gloria Macapagal-Arroyo signed Republic Act 9745 or the Anti-Torture Law.

The United Nations' Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) mandates state party to the convention to "take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction."

Bayan Muna Representative Satur Ocampo, principal author of the Anti-Torture Law, said its passage is a step forward. "At least, Arroyo did what she has to do to comply with the CAT," he said in an interview with Bulatlat.

"It's a welcome development but it is long overdue," said Roneo Clamor, deputy secretary general of human rights group Karapatan.

In a statement, Leila de Lima, chairperson of the Commission on Human Rights (CHR), also pointed to the failure of past and present governments to pass an anti-torture law. "The interregnum between assuming the obligation under the CAT and the passage of the Anti-Torture Law had left the Philippines unable to specifically penalize torture, thereby diluting the grievous nature of torture against human rights by assigning ordinary crimes to blatant incidents of torture."

De Lima stressed the importance of the Anti-Torture Law as it defines the crime of torture separately and distinctly from other crimes under the Revised Penal Code, for instance murder, serious physical injury, grave coercion and illegal detention.

High-profile cases of torture, such as that of the Manalo brothers and of the Filipino-American activist Melissa Roxas "have illustrated the magnitude of legal framework deficiency in relation to torture," de Lima added.

Salient Provisions

The Anti-Torture Law criminalizes all forms of torture - physical, mental, psychological and pharmacological (the latter is done through administering drugs).

The law disallows any justification for torture and other inhuman punishments. Torturers will be penalized as principals, as well as their superiors in the military, police or law enforcement establishments who ordered the torture.

The law also requires the military and police to submit a monthly report listing all its detention centers, including safehouses, to the CHR. Those who maintain secret detention centers or fail to include a detention center in the list provided to the CHR will be penalized.

Anti-torture law imposes on torturers a maximum penalty of life imprisonment. Other penalties range from a minimum of six months to a maximum of 12 years of imprisonment depending on the gravity of the offense.

The law also includes provisions for the protection of complainants and witnesses and persons involved in the prosecution and the establishment of a rehabilitation program for victims.

Deterrent?

"Now that the Philippines has a statute specific to torture, it is hoped that it will a have a domino effect throughout all aspects of mechanisms that address torture. Beyond the statutory definition of the crime and a specific penalty, the law should enable the investigating authorities and the prosecutorial service to zero in on criminal acts characterized as torture," de Lima said.

"It has to be a deterrent [against torture]," said Ocampo. Not only the perpetrators but also the officers in command and those involved in the cover-up of torture incidents shall be penalized, he said.

"The effectiveness of the law remains to be seen," said Clamor as he noted the human rights record of the Arroyo administration. Karapatan has documented 1,016 victims of torture from 2001 to March 31, 2009.

Torture is an integral part of the Arroyo government's counter-insurgency program, said Clamor. "The counter-insurgency program is the root of human-rights violations. We continue to receive reports of torture and other human rights abuses."

Punish Torturers

"We challenge Mrs. Arroyo to go after the known, notorious torturers under her administration, especially Jovito Palparan Jr.," Clamor said. Palparan, a former general, has been linked to numerous cases of extrajudicial killings in Southern Tagalog, Central Luzon and Eastern Visayas. Torture survivor Raymond Manalo, in his affidavit, recalled meeting Palparan during his days in captivity.

Clamor urged the government to "punish the torturers of Melissa Roxas and other victims."

"We hope the Anti-Torture Law can be an additional venue with which the victims can file charges against the perpetrators of torture," he added.

Clinton Visit

While pleased of the passage of the law, both Ocampo and Clamor questioned the timing of its announcement, during the visit of US Secretary of State Hillary Clinton.

"It is clearly meant to please Clinton," Clamor said. The New York-based Human Rights Watch had urged Clinton to raise concerns over cases of extrajudicial killings and little efforts to prosecute military personnel believed to be responsible.

Last April the UN Committee Against Torture expressed concern over the "routine and widespread use of torture and ill-treatment of suspects in police custody." The Committee also noted the "credible allegations of torture and/or ill-treatment committed by law enforcement and military services personnel."

Rome Statute and Other Bills

Ocampo challenged the executive department to complete its action by submitting the Rome Statute to the Senate for ratification.

Ratifying the Rome Statute here would pave the way for the country's adherence to the principles of the International Criminal Court (ICC) in prosecuting serious crimes committed against civilians. Based in The Hague in the Netherlands, the ICC is an independent international organization and is not part of the United Nations system. The ICC will soon have jurisdiction over crimes of aggression once a definition is adopted by the assembly of state parties.

The Rome Statute was adopted on July 17, 1998, to strengthen the ICC, which was established to help end impunity for perpetrators of most serious crimes of concern to the international community, for instance genocide, crimes against humanity, and war crimes committed after July 1, 2002 when it came into force after 60 countries ratified it. At present, 120 countries have already ratified the treaty.

Ocampo also urged the passage of the Anti-Enforced Disappearance Bill (House Bill 2263) and the House Bill 3259 or the Command Responsibility Bill. Command responsibility holds the superior responsible for crimes committed by his subordinates for failing to prevent the said crime or punish those who did it.