Promoting torture prevention and documentation in the Philippines
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Promoting torture prevention and
documentation in the Philippines
There are several reasons why torture survivors in the Philippines are not inclined to seek reparation through legal channels. A basic legal constraint is the lack of explicit prohibition
or definition of torture in the statutory law. Certain crimes are
punishable offences under the penal code but are not considered torture and carry a relatively light sentence. Long, costly
litigation processes and ineffective witness protection also
contribute to the lack of effective remedy. Thus prosecutors are
reluctant to vigorously investigate torture allegations against
the military and investigations against the police are often met
with silence. There also is a need to raise awareness and professional capabilities in producing credible documentation of
torture.
A bill has been pushed through Congress by the United
Against Torture Coalition (UATC) and is now awaiting passage
and approval of the president. If it becomes law, the proposed
anti-torture measure may be a landmark piece of legislation.
Some of the challenges described above might be remedied by
the October 2008 Supreme Court ruling in the Manalo brothers
case where the court afforded protection against torture as an
integral part of the right to security of person. This is the first
decision where the Supreme Court utilised the Writ of Amparo
to grant the applicants extended procedural rights and protections in their case against the government for torture and enforced disappearance.
According to the chief magistrate, torture allegations must
be substantiated by a reputable physician who provides proof
that authorities used compulsion, duress or violence to extract
confessions or as punishment. Meeting this standard of proof
represents a significant challenge.
In the Philippines, detainees have the right to medical
visits and the law requires medical examinations of detainees
before they are incarcerated or released. Prison rules generally provide for medical professionals to do routine checks in
By Ernesto A. Anasarias and Edeliza
Hernandez
Ernesto A. Anasarias is Executive
Director of Balay Rehabilitation
Center and Edeliza Hernandez is the
Executive Director of Medical
Action Group
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