detention in custody and detention before charges are brought, and develop and implement
alternatives to deprivation of liberty, including probation, mediation, community service or
suspended sentences.
Terrorism legislation
(13) The Committee recognizes the difficult situation arising from the internal armed conflict in the Philippines
and that the State party is faced with a long-lasting insurgency. However, the Committee is concerned about the
2007 Human Security Act (RA 9372) which has been criticized for its overly broad definition of “terrorist crimes”,
the strict application of a penalty of 40 years of imprisonment, the competence of various bodies authorized to
review the detention of an individual, and the restrictions on movement. The Committee is also concerned that the
Act allows for suspects to be detained without warrant or charge for up to 72 hours (arts. 2 and 16).
The State party should review the 2007 Human Security Act and amend it, as necessary, to bring it
into conformity with international human rights standards.
Non-refoulement
(14) The Committee takes note of the statement by the delegation that the State party has neither engaged nor
participated in any form of “extraordinary renditions” or refoulement and that there has been no instance where it
has received a request indicating that the person to be extradited would be in danger of being subjected to torture.
Notwithstanding the proscription included under Section 57 “Ban on Extraordinary Rendition” of the 2007 Human
Security Act, the Committee is concerned that the Act appears to permit persons apprehended in the Philippines to
be rendered to countries that routinely commit torture, as long as the receiving State provides assurances of fair
treatment (art. 3).
The State party should ensure that it complies fully with article 3 of the Convention and that
individuals under the State party’s jurisdiction receive appropriate consideration by its competent
authorities and guaranteed fair treatment at all stages of the proceedings, including an opportunity for
effective, independent and impartial review of decisions on expulsion, return or extradition.
In this respect, the State party should ensure that the relevant judicial and administrative authorities
carry out a thorough and exhaustive assessment, prior to making any expulsion order, in all cases of
foreign nationals who have entered or stayed in the Philippines unlawfully, including individuals who
may constitute a security threat, in order to ensure that the persons concerned would not be subjected
to torture, inhuman or degrading treatment or punishment in the country to which each of them would
be returned.
Prompt, effective and impartial investigations
(15) While noting that many agencies have a mandate to investigate complaints of torture and ill-treatment, the
Committee is concerned at the high number of complaints of torture and ill-treatment by law enforcement officials,
the limited number of investigations carried out by the State party in such cases, and the very limited number of
convictions in those cases which are investigated. Additionally, these bodies lack independence to review individual
complaints about police and military misconduct (arts. 12 and 16).
The State party should strengthen its measures to ensure prompt, thorough, impartial and effective
investigations into all allegations of torture and ill-treatment committed by law enforcement officials.
In particular, such investigations should not be undertaken by or under the authority of the police, but
by an independent body. In connection with prima facie cases of torture and ill-treatment, the alleged
suspect should as a rule be subject to suspension or reassignment during the process of investigation, to
avoid any risk that he or she might impede the investigation, or continue any reported impermissible
actions in breach of the Convention.
The State party should prosecute the perpetrators and impose appropriate sentences on those
convicted in order to ensure that the law enforcement personnel who are responsible for violations
prohibited by the Convention are held accountable.
118
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents