CAT/C/PHL/CO/2
Page 9
Witness protection
21.
While noting the information provided by the State party, including the draft legislation
to strengthen the Witness Protection Programme (WPP) and recent activities of the WPP, the
Committee expresses its concern at reports that the Programme is not sufficiently implemented,
that intimidation of witnesses deters them from coming forward to use the program and that
detainees who suffer ill-treatment are often coerced by the police to sign waivers or statements to
the contrary. The Committee is concerned at the statement by the delegation that “except in a
few highly urbanized cities conditions in Philippine courts hardly inspire confidence in the
witnesses that they are well protected if they participate in the trial”. (art. 13)
The State party should, as a matter of priority, take the necessary measures to
strengthen the WPP under the Witness Protection, Security and Benefit Act (RA
6981) to guarantee the safety of witnesses to torture incidents and other human
rights violations. The State party must give high priority to the funding and
effectiveness of this programme.
Redress, including compensation and rehabilitation
22.
The Committee welcomes the creation of a Board of Claims under the Department of
Justice for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes and for
Other Purposes. Nonetheless, the information submitted to the Committee regarding the number
of victims of torture and ill-treatment who may have received compensation and the amounts
awarded in such cases is insufficient, and the Committee is concerned at reports of inadequate
compensation and arbitrary refusals and delays concerning compensation. The Committee
regrets the lack of information on treatment and social rehabilitation services and other forms of
assistance, including medical and psycho-social rehabilitation, provided to these victims.
However, it takes note of the information provided in the replies to the list of issues that the
formulation of a Rehabilitation Program within one year from the entry into force of the
proposed Anti-Torture Bill is stipulated in the Bill. (art. 14)
The State party should strengthen its efforts to provide victims of torture and illtreatment with fair and adequate compensation, redress and as full rehabilitation as
possible. Furthermore, the State party should provide in its next periodic report
information about any reparation programmes, including treatment of trauma and
other forms of rehabilitation provided to victims of torture and ill-treatment, as well
as the allocation of adequate resources to ensure the effective functioning of such
programmes.
Coerced confessions
23.
While noting that Section (d, e) of Republic Act 7438 and Section 25 of the 2007 Human
Security Act prohibit the admissibility of evidence obtained through torture or duress, the
Committee is concerned at reports that such prohibition is not respected in all cases and that the
burden of proof as to whether the statement has been made as a result of torture rests with the
suspect, not the prosecution. (art. 15)
The State party should take the necessary steps to ensure inadmissibility in court of
confessions obtained under torture or duress in all cases in line with the provisions
of article 15 of the Convention.