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RA 9745

Anti-Torture Act of 2009


Scope of Presentation

I. Learning Objective
II. Statement of Policy
III. Definition of Terms
IV. Acts of Torture
V. Person Liable
VI. Penalties
VII. Preventive Measures
VIII. Rights of the Victim
Learning Objectives

To be able to define “torture”


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


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


Definition of 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
Definition of Terms

Other Cruel, inhumane 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


Definition of 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
Prohibiting to 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)

Those who commit any act of


mental/psychological torture resulting in
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


Sufficient government 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

Course: Anti Torture Act of 2009


THANK YOU and GOOD DAY