Solon: Anti-torture law one step to stopping rights violations

By EDMER F. PANESA
November 14, 2009, 6:00pm

A lawmaker has hailed the enactment of the Anti-Torture Act as yet another reason for Filipinos to be proud of their country.

“The Philippines has made another step in instituting measures that hopes to put a stop in what seems to be a culture of impunity on human rights violations,” Quezon Rep. Lorenzo “Erin” Tañada III, chairman of the House Committee on Human Rights and one of the authors of the law, said.

President Arroyo signed into law Republic Act 9745 or the Anti-Torture Act of 2009 before leaving for Singapore last Friday to attend the 20th Asia-Pacific Economic Cooperation (APEC) Summit.

Tañada lauded the signing as a valuable addition to the promotion of human rights in the Philippines.

The anti-torture law defines the crime of torture as an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession.

It also describes torture as an act punishing a person for an act he or a third person has committed or is suspected of having committed; intimidating or coercing him or a third person; or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority.

The law enumerates specific acts of torture such as physical torture, psychological and mental torture and other cruel, degrading and inhuman punishment.

Another feature of the Act is the financial assistance to victims of torture and the provision on command responsibility of superiors over the acts committed by their subordinates.

It also prescribes penalties ranging from aresto mayor (imprisonment of one month and one day to six months) to reclusion perpetua or life imprisonment depending on the gravity of the acts committed.

Under the new statute, the Commission on Human Rights (CHR) will see through the implementation of the law and together with the Department of Justice and in consultation with human rights groups will draft the implementing rules of the measure. The law gives the CHR initial funding for its implementation.

With the passage of the law against torture, Tañada said the government has taken another step in fulfilling its international obligations and has also renewed its efforts to protect its citizens against torture. The Philippines is a signatory to the 1984 UN Convention Against Torture.