Philippines close to prohibit torture by law

The Philippine Senate is approving a bill penalizing torture and other cruel, inhuman and degrading treatment of suspected criminals. With the freedom from torture legislations approved in both the Senate and the House of Representatives, all that is needed for the enactment of a law prohibiting torture is a bicameral session and the signature of President Arroyo. Under the bill, detainees must not be subjected to physical, psychological, mental or pharmacological harm, force, violence, threat or intimidation or any act that impairs their free will or in any manner demeans or degrades their human dignity.

The Senate speeded up the approval of the anti-torture bill, that has been pending for more than 10 years, after the Philippines came under fire at the United Nations for dragging its feet on the measure, which is in line with the UN Convention Against Torture, to which the country is a signatory since 1986. In May 2009, the UN Committee against Torture expressed its great concern on a number of points. Among other the numerous, ongoing, credible and consistent allegations of routine and widespread use of torture and ill-treatment of suspects in police custody, is of great concern. Also credible allegations indicate a climate of impunity where torture and/or ill-treatment committed by law enforcement and military services personnel seldom are investigated and prosecuted. Finally the continued extrajudicial killings and enforced disappearances is a cause of worry.

Ellecer Ebro Carlos from RCT partner organisation BALAY comments on the ongoing process:
"The next and final step will still be a challenge for human rights advocates here in the Philippines who are assisting the senators and congressmen. But hopes are very high that our efforts will pay off within the 14th congress. BALAY Rehabilitation Center, together with other human rights organizations will continue to be at the frontline of this process in order to ensure that the good safeguards and restitution measures remain in the final version as well as seeing to it that additional provisions are inserted to strengthen the end product".

It is expected that different bodies simultaneously will push for the inclusion of the Istanbul Protocol which will oblige the government to investigate and document incidents of torture and other forms of ill-treatment and to punish those responsible in a comprehensive, effective, prompt and impartial manner.

Naming and defining the offence of torture in accordance with the CAT convention and thus alerting everyone, including perpetrators, victims, and the public, to the special gravity of the crime of torture is expected to have a deterrent effect itself. Additionally, it will create a valuable foundation for future dialogs between the National Preventive Mechanism, that is the mechanism for regular monitoring visits to all places where people are deprived their liberty, and government agencies when the optional protocol to the convention (OPCAT) is to come into force domestically.

Written by Heidi K. Tokle