Promoting torture prevention and documentation in the Philippines 55 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