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.
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