Sunday, August 30, 2009

Anti-torture bill requires military, police to bare all detention centers

EDITORIAL

The reconciled anti-torture bill requires the military and police to submit a monthly report listing all detention centers, including safe houses, to the Commission on Human Rights. This is a welcome development. If approved on final reading, authorities would have to disclose this information on a regular basis. No more secret hideouts or holding areas where detainees may be subjected to torture.

Those who torture people, especially for their political beliefs, should be put away for life. Torture has no place in today’s society. The reconciled anti-torture bill, which was recently approved by the bicameral conference, penalizes those who maintain secret detention centers or fail to include a detention center in the list provided to the CHR.

Sen. Chiz Escudero Escudero, chair of the Senate Committee on Justice and Human Rights, who filed the bill said he expects both Houses of Congress to ratify the consolidated version as soon as possible. The proposed law seeks to penalize perpetrators of torture, particularly persons in authority or those acting on their behalf. The President is expected to sign the anti-torture bill as soon as it reaches her desk.

It criminalizes all forms of torture -- physical, mental, psychological and pharmacological, which is done through the administration of drugs. But it limits the application of the measure only to those in government and those acting in their behalf.

The proposed law imposes a maximum penalty of life imprisonment on torturers. Other penalties range from a minimum of 6 months to a maximum of 12 years depending on the gravity of the offense. The bill also includes provisions for the protection of complainants and witnesses and persons involved in the prosecution, and the establishment of a rehabilitation program for Under the bill, no justification can be offered to justify torture and other inhuman punishments, which will be declared as criminal acts.

Maximum penalty will also be imposed on those found guilty of crimes against persons those against personal liberty and security, and those against chastity as stipulated in titles 8, 9 and 11 respectively of the Revised Penal Code, if these are attended by torture and other cruel, inhuman and degrading treatment or punishment.

Rep. Lorenzo Tanada III headed the House panel that included Albay Rep. Edcel Lagman, and Bayan Muna Reps. Satur Ocampo and Neri Colmenares, among others. The Senate was represented by Escudero and Sen. Aquilino Pimentel. The proposed law could go a long way in curbing human rights violations perpetrated by agents of the state like the military and police.

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