High time for Philippine government to pass anti-torture legislation

Press Release by
Asian Human Rights Commission
November 25, 2005

HONG KONG – The Asian Human Rights Commission (AHRC) on Wednesday urged the Philippine President and Congress to pass long-overdue anti-torture legislation. The Hong Kong-based rights group's demands came several weeks into the Philippine Congress's reopening.

"Torture is one of the most abhorrent assaults on human dignity," the AHRC said in an urgent appeal.

"In whatever form or manner torture is committed, it leaves a deep and lasting scar not just on the flesh and psyche of its victims and their families, but on the very foundations of a society."

"Philippine history and present-day reality is filled with accounts of tortured citizens who are either alleged members or suspected sympathizers of armed opposition groups," said Basil Fernando, executive director of the AHRC.

"Even ordinary suspects in criminal cases and members of the country's most marginalized communities, including women and children, are subjected to torture to extract confessions or admissions that will be used against them, as well as to intimidate and shatter their will."

The Philippines has signed major international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), and the Convention against Torture.

By ratifying the Convention on Torture, the Philippines committed itself to "take effective legislative, administrative, judicial and other measures" to prevent torture in any territory under its jurisdiction.

The Philippine Constitution itself prohibits torture, and provides for legislation to criminalize it.

Such legislation has been pending in Congress for years, but has so far failed to pass, mainly because it is not a priority for the majority of lawmakers.

The current bill against torture, House Bill No. 4307, seeks "an act penalizing the commission of acts of torture and for other purposes." Akbayan Party List representatives, Loretta Ann Rosales, Mario Joyo Aguja, and Ana Theresia Hontiveros-Baraquel filed the bill on May 11, 2005.

The bill provides for invalidating confessions obtained under torture, and prosecution of offending law enforcement officers as well as their superiors.

"Passing a law is a precondition and the surest way to end torture as common practice in the Philippines," said Fernando.

"President Arroyo and Philippine lawmakers should demonstrate their commitment to safeguarding citizens' rights by passing this bill as soon as possible."