The torture of a suspected thief inside a police precinct will put to test the recently passed Anti-Torture Act.

Justice Secretary Leila de Lima said on Thursday individuals involved should be investigated and prosecuted to the fullest extent of the law.

“It is time to put this piece of legislation (Anti-Torture Act) to the test and see if it can be an effective tool for greater accountability and diminished impunity,” De Lima added.

The DoJ secretary issued the statement on Thursday as she said more heads will roll in connection with the torture of the suspected thief inside a prison cell in Tondo, Manila, saying the policemen’s immediate superiors should be held liable due to command responsibility.

De Lima said the head of the police station which has jurisdiction over the Manila Police District-Asuncion Community Precinct (PCP) in Tondo, Manila should be asked to explain why he should not be held liable for the torture of the suspect who later died.

“They can always say that they are not present at that time. But investigation should extend as to whether or not the superiors have prior or subsequent knowledge of the torture of whether they exercise due diligence (supervision) on their personnel to avoid such incident of torture or cruelty. If the head or heads of the police station knew the incident only afterwards, he should have taken actions,” she said.

De Lima lauded the Manila Police District (MPD) for relieving the police officers reportedly present during the torture, but said the investigation should also extend to their immediate superiors.

“That’s why we have command responsibility. The victim eventually died, and the imposable penalty depends on the consequent of such act. And since the victim died, although it is not yet determined if he indeed died due (to torture), then the imposable penalty is the maximum which is reclusion perpetua,” she said.

De Lima said she would still determine if the National Bureau of Investigation (NBI) will conduct parallel investigation. “The Commission on Human Rights (CHR) can conduct its own probe, the PNP should conduct an honest- to- goodness investigation since it involved PNP personnel. Let’s see if there is need for the NBI to conduct a probe baka naman kasi marami, but it may only do more harm than good,” she said.

She also said the case should prosper whether the one who took the video surfaces or not. “They said there is no complainant because the one who took the video has yet to surface. That should not be the case. They can ask the policemen who were supposedly present during the time and conduct the probe,” she said.

De Lima said there is no place in our society for the sickening practice of torture. “There is no place within our law enforcement agencies for individuals capable of engaging in something so despicable," said De Lima.

“It is time to put this piece of legislation to the test and see if it can be an effective tool for greater accountability and diminished impunity,” De Lima added.

Reports said the entire force of a police precinct in Tondo, Manila was relieved last Wednesday and Chief Superintendent Rodolfo Magtibay, MPD director, ordered an investigation over a cell- phone video showing one of the police officers torturing a suspect through his sex organ, while the others merely watched.

Magtibay said all 20 members of the Asuncion community precinct were relieved, effective on Wednesday, following the relief on Tuesday of the precinct commander, Senior Inspector Joselito Binayug.