UN agency urges RP to enact anti-torture bill

MANILA, Philippines – A United Nations agency has urged the government to enact an anti-torture law as defined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In response, the government reported to the UN Committee Against Torture (UNCAT) that all acts of torture are classified as criminal offenses and punishable under the Revised Penal Code.

Police authorities do not tolerate torture or ill-treatment of suspects or detainees, the government added.

UNCAT described the alleged incidence of torture as “routine and widespread” and includes ill-treatment of suspects under police custody.

These usually reportedly occur when authorities extract confessions or information from suspects for use in criminal proceedings, the agency added.

UNCAT said the legal safeguards for detainees are “insufficient” despite the enactment of Republic Act 7438, the Law on the Rights of Persons Arrested, Detained or under Custodial Investigation.

Arresting officers fail to promptly bring suspects before a judge, keeping them in prolonged police custody, the agency added.

UNCAT said detainees, including minors, have not been registered, and that authorities have failed to record periods of pretrial detention.

They have also been prevented from seeing lawyers and independent doctors and have not been informed of their rights at the time of detention, including their rights to contact family members, the agency added.

UNCAT said the government should take immediate action to prevent acts of torture and ill-treatment, including announcing a policy of total elimination of such acts.

UNCAT said the government should implement effective measures promptly to ensure that all detainees are given legal safeguards from the start of their detention.

“The government must enforce measures that would ensure a suspect’s right to have access to a lawyer and an independent medical examination; notify a relative, and be informed of their rights at the time of detention, including about the charges laid against them; as well as to appear before a judge within a time limit in accordance with international standards,” the agency said.