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total number of killings has declined significantly, such killings as well as enforced
disappearances continue. (arts. 12 and 16)
The State party should take effective steps to investigate promptly, effectively and
impartially all allegations of involvement of members of law enforcement agencies
in extrajudicial killings and enforced disappearances. The State party should inform
the Committee in its next periodic report of efforts and measures undertaken to
address extrajudicial killings and other human rights abuses, including those by
non-State actors. In this respect, the State party should implement the
recommendations contained in the report of the Special Rapporteur on
extrajudicial, summary or arbitrary executions (A/HRC/8/3/Add.2), following his
visit to the Philippines in February 2007.
Impunity
9.
The Committee is deeply concerned that credible allegations of torture and/or illtreatment committed by law enforcement and military services personnel are seldom investigated
and prosecuted and that perpetrators are either rarely convicted or sentenced to lenient penalties
that are not in accordance with the grave nature of their crimes. The Committee reiterates its
grave concerns over the climate of impunity for perpetrators of acts of torture, including military,
police and other State officials, particularly those holding senior positions that are alleged to
have planned, commanded or perpetrated acts of torture. (arts. 2, 4 and 12)
The State party should ensure that all allegations of torture and ill-treatment are
investigated promptly, effectively and impartially, and that the perpetrators are
prosecuted and convicted in accordance with the gravity of the acts, as required by
article 4 of the Convention.
Furthermore, State officials should publicly announce a policy of total elimination
in respect of acts of torture and other cruel, inhuman and degrading treatment or
punishment and support prosecution of the perpetrators of such acts.
Definition of torture
10.
The Committee notes the State party’s statement to the Committee that the Revised Penal
Code guarantees that all acts of torture are classified as criminal offences with corresponding
penalties under Philippine laws as well as the explanation provided by the delegation in this
respect. However, the Committee is concerned that the State party has not incorporated into
national law the crime of torture as defined in article 1 of the Convention. While noting information
provided as to the recent passage of the Anti-Torture Bill in the House of Representatives, the
Committee is concerned at the delay in legislating on this matter. (arts. 1 and 4)
The State party should incorporate into domestic law the crime of torture and adopt a
definition of torture that covers all of the elements contained in article 1 of the
Convention. By naming and defining the offence of torture in accordance with the
Convention and distinct from other crimes, the Committee considers that States
parties will directly advance the Convention’s overarching aim of preventing
torture, inter alia, by alerting everyone, including perpetrators, victims, and the
public, to the special gravity of the crime of torture and by improving the deterrent
effect of the prohibition itself. The Committee therefore urges the State party to
enact the Anti-Torture Bill as soon as possible.