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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
3 Summary
3.1 Definition
3.3 Penalty
7 References
8 External Links
History
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 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
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 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.