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Anti-Torture Law of 2009 (R.A.

9745)

The Anti-Torture Law of 2009 otherwise known as the Republic Act 9745, is
a law in the Philippines that criminalizes torture and other cruel, inhuman
and degrading treatment or punishment. The law seeks to stop the culture
of impunity in the country.

Contents [hide]

1 History

2 Campaigns for the Anti-Torture Law

3 Summary

3.1 Definition

3.2 Salient Provisions

3.3 Penalty

4 Convention Against Torture

5 Cases of torture in the Philippines

6 Organizations supporting the Anti-Torture Law

7 References

8 External Links

History

The anti-torture bill in the Philippines took 23 years in the House of


Representatives before it was passed into law. In 13 October 2009, it was
ratified by the House of Representatives and sent to the Malacaang for
signing. OIn 10 November 2009, former President Gloria Macapagal Arroyo
signed the bill into law amidst the numerous cases of torture, enforced
disappearance and extra-legal killings of activists and journalists linked to
her administration. even several predicaments was linked to her
administration such as the extra-judicial killings of activists and journalists.

Campaigns for the Anti-Torture Law

The passage of the R.A. 9745 gained support from government officials.
the officials of the government notably from The Commission on Human
Rights similarly supported the legislation, describing the passage as a it a
as it called that the law is a historic moment for the human rights in the
Philippines. Former chairman of the cCommittee on hHuman rRights in the
House of Representatives While, Quezon representative Lorenzo Taada
III, noted , the gave a note that the aAnti-tTorture lLaw mandates the
participation of human rights organizations in the formulation of its rules
and regulations.

Even the bishops in the Philippines calls Philippine bishops have also
joined the call for a stronger anti-torture action in the country.

Summary

Definition

Republic Act 9745 legally defined the term torture as an act by which
severe pain or suffering, whether physical or mental, is intentionally inflicted
on a person for purposes such as obtaining information, or intimidating
another person. In the same way, the The law formalized defined the scope
of torture as systematic beating, food deprivation, electric shock, cigarette
burning, rape, among others. Mental and psychological torture, meanwhile,
refers to acts by a person in authority which are designed to affect or
confuse the mind. Such acts may also undermine the dignity and morale of
a person. Mental and psychological torture includes blindfolding, prolonged
interrogation, maltreating a member or members of a person's family, and
sleep deprivation denial of sleep, among others.

Salient Provisions
R.A. 9745 prohibits disallows any justification for torture and other inhuman
punishments. It requires the military and police to submit a monthly report,
listing all its detention centers, including safehouses, to the Commission on
Human Rights. Parties that maintain secret detention centers or fail to
include a detention center in the list provided to the CHR will be penalized.
In the same way, Persons who committed torture or influenced another
individual in committing torture or other cruel, inhuman and degrading
treatment or punishment is criminally liable.

The Anti-Torture law ensures that any form of admission or confession


acquired as a result of torture is inadmissible as evidence in legal
proceedings. It further guarantees institutional protection for victims in the
form of impartial investigation conducted by the CHR and other government
agencies including the Department of Justice (DOJ), the Public Attorneys
Office (PAO), the Philippine National Police (PNP), the National Bureau of
Investigation and the AFP.

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

Penalty

Under the law, the perpetrator is prescribed to 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.

Convention Against Torture

In 1984, the United Nations General Assembly adopted the UN Convention


Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment in which the Philippines is one of the signatory countries. is a
state party. The organization has set-up a number of extra-mechanisms
that would observe and considerate the specific issues and cases of torture
in the different countries for the creation of the declaration.
The prohibition against torture is found in the Article 5 of the United Nations
Universal Declaration of Human Rights (UDHR)of the organization.

Cases of torture in the Philippines

In April 2006, Axel Pinpin with his companion Aristides Sarmiento, Enrico
Ybanez and Michael Mesias were been abducted in Tagaytay City. The
Cavite police accused them of plotting to overthrow topple the government.
Indeed, The four victims are just human rights defenders and are working
for the Kalipunan ng mga Magsasaka sa Kabite (Kamagsasaka-Ka or
Farmers Federation in Cavite)", a grassroots peasant organization
assisting helping landless farmers to obtain lands, among others.

In February 2006, Raymond Manalo, a Bulacan farmer, with his brother


Reynaldo were abducted and allegedly tortured by former AFP General
Palparan Jovito Palparan's men.

In May 2009, Filipino-American human rights advocate, Melissa Roxas,


was abducted and tortured by several military personnel. She was an
American human rights advocate of Filipino descent. Roxas is the first
known American citizen to be abducted and tortured in the Philippines.

In August 2009, Lenin Salas with his four companions were arrested by the
police and the military in San Fernando Pampanga. They were underwent
various forms of torture after being linked with the RHB insurgent group.

In August 2010, a snatcher was been tortured in alleged a police precinct.


In a video which was uploaded in the internet showed a naked man in a
fetal position on the floor while his genital was purpotedly bound with a
rope. Around the incident was another man wearing white shirts and shorts
who was responsible in whipping the victim's face and torso with a rope.
News had reported that PNP Senior Inspector Joselito Binayug, and his
subordinates stationed at the Asuncion police community precinct in Tondo
were the affirmedconfirmed person present during time. The tortured was
featured in the CNN.
Organizations supporting the Anti-Torture Law

The Bagong Alyansang Makabayan (Bayan) appreciated the signing of the


law in 2009 but demanded to the government of full implementation of its
provisions. Furthermore, tThe international human rights group, Amesty
International, joined the widespread condemnation of the torture in the
Philippines.

Recently, The Medical Action Group urged the calleds Aquino


administration to publicize the total elimination of torture in the country and
enforce the punishment and prosecution of such acts. In the same way, the
Task Force Detainees of the Philippines calleds the attention of the
government authoritiesy and advocated the immediate enforcement of the
Anti-Torture Law.

The Philippine Alliance of Human Rights Advocates (PAHRA), meanwhile,


appealed for the prompt drafting and issuance of the Implementing Rules
and Regulations to ensure the Anti Torture Laws effective implementation.