CAT/C/PHL/CO/3 (k) The Committee commends the services provided by foreign service personnel to Filipinos overseas, including migrant workers and victims of trafficking. C. Principal subjects of concern and recommendations Pending follow-up issues from the previous reporting cycle 6. While noting with appreciation the information provided on 5 November 2010 by the State party under the follow-up procedure (CAT/C/PHL/CO/2/Add.1) on the implementation of the recommendations contained in paragraphs 7, 15, 16, 18 and 19 of the Committee’s previous concluding observations, the Committee regrets the absence of the additional information requested by the rapporteur on follow-up in his letter dated 1 December 2011. Impunity as a result of the ineffective implementation of legislation 7. While welcoming the adoption of national legislation criminalizing torture, the Committee is concerned that obstacles continue to exist for the effective implementation of the Anti-Torture Act. The Committee is concerned that impunity for acts of torture continues to prevail, as illustrated by the fact that although the number of cases of torture reported to the Commission on Human Rights of the Philippines has risen since the adoption of the Act, only one person has been convicted to date in 2016, more than six years since the Act was adopted. The Committee is also concerned that the committee created under section 20 of the Anti-Torture Act to oversee the implementation of the Act has not yet done so (arts. 2, 4, 12 and 13). 8. The State party should: (a) country; Put an end to the de facto situation of impunity that prevails in the (b) Issue a public statement at the highest level affirming unambiguously that torture will not be tolerated and ensure that investigations will be carried out promptly in all cases and that prosecutions will be initiated against direct perpetrators of torture, including those with command responsibility; (c) Establish an independent body to receive and investigate complaints regarding torture and ill-treatment by law enforcement officials and make this complaints mechanism publicly known; (d) Make it possible for the oversight committee to convene immediately and to meet at regular intervals. The oversight committee should keep a database for systematically collecting information on the implementation of the Anti-Torture Act, including on investigations, prosecutions, access to medical evaluations, acts of intimidation and reprisals, and the implementation of the rehabilitation programme, and keep an inventory of detention centres and facilities under the jurisdiction of the Philippine National Police and the armed forces of the Philippines; (e) Ensure that the oversight committee regularly publishes updates on cases under consideration, including those pending preliminary investigation at the prosecutor level and those filed in court, document and report on reasons for delays and non-reporting, and provide assessments of possible systemic errors identified in the implementation of the Anti-Torture Act. 3

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