A REPORT ON THECONVENTION AGAINST TORTURE AND OTHER CRUEL,

INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 

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Nature of TreatyDefinition of Torture (Article 1.1 of the Convention against Torture)

torture means any act by which severe pain or suffering, whether physical or mental,

is intentionally inflicted on a person for such purposes as obtaining from him or a

third person information or a confession, punishing him for an act he or a third person has committed or is suspected of

having committed, or intimidating or coercing him or a third person, or for any reason

based on discrimination of any kind, when such pain or suffering is inflicted by or at

the instigation of or with the consent or acquiescence of a public official or other person

acting in an official capacity. it does not include pain or suffering arising only from, inherent in or incidental to lawful

sanctions.

Article 5 of the Universal Declaration of Human Rights (1948) reads “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

This Article is widely regarded as expressing customary International law. Within the United Nations framework, torture and other cruel, inhuman or degrading treatment or punishment are explicitly prohibited under a number of international treaties, which are legally binding on those States which have ratified them. Many treaties establish Committees, known collectively as the treaty bodies, which are mandated to monitor States Parties’ compliance with their obligations under the treaties. They do this by issuing General Comments or Recommendations, which provide detailed interpretation of specific aspects of the treaty. Some of the treaty bodies also adjudicate individual cases, provided the State in question has made a declaration recognizing the Committee’s competence in this regard.

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Torture Convention”) was adopted by the General Assembly of the United Nations on December 10, 1984.

The Convention entered into force on June 26, 1987 after it had been ratified by 20 States.

The Torture Convention was the result of many years’ work, initiated soon after the adoption of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Torture Declaration”) by the General Assembly on December 9, 1975.

Force and Effect

Salient FeaturesThe salient features of the Convention against Torture and other Cruel, Inhuman and Degrading Treatment and Punishment are:

all peoples have the right of self-determination.

respect for individuals without distinction of any kind e.g. race,

color, sex, language, religion, political or other opinion, national or social origin,

property, birth or other status.

no State Party shall expel, return, extradite a person to another State where there are

substantial grounds for believing that he would be in danger of being subjected to

torture.

ensure that all acts of torture are offences under its criminal law.

enforceable right to fair and adequate compensation. 

Salient provisionsArticle 1

Defines torture as means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession,

punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Article 2 Each State Party shall take effective legislative and other measures to prevent

acts of torture. No circumstances of any kind, including war, may be invoked to justify torture. An order from a superior officer may not be invoked to justify torture.

Article 4 Each State Party shall ensure that all acts of torture, attempts to commit torture,

and complicity or participation in torture are offences punishable by law.

Article 5 Each State Party shall establish its jurisdiction over offenses relating to

torture when they are committed in any territory under its jurisdiction, or on board a ship or aircraft registered in that State; when the alleged offender is a national of that State; and when the victim is a national of that State, if appropriate. Each State Party shall also establish its jurisdiction in cases where the alleged offender is in territory under its jurisdiction and it does not extradite him.

Article 8 Torture, attempted torture, or participation in torture shall be deemed

extraditable offences in any extradition treaty existing between States Parties. This Convention may be considered a legal basis for extradition if no extradition treaty exists.

Article 12 Each State Party shall ensure that its authorities proceed with a prompt

and impartial investigation wherever there is ground to believe that an act of torture has been committed in territory under its jurisdiction.

Article 14 Each State Party shall ensure in its legal system that the victim of torture obtains

redress and has an enforceable right to fair and adequate compensation. In the event of the death of the victim as a result of torture, his dependents shall be entitled to compensation.

Article 15 Each State Party shall ensure that any statement made as a result of torture shall not

be used as evidence in any proceedings.

Article 16 Each State Party shall undertake to prevent other acts of cruel, inhuman or degrading

treatment or punishment which do not amount to torture as defined in Article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or someone acting in official capacity.

Article 17 There shall be established a Committee against

Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of 10 experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience.

Article 20

1. If the Committee receives reliable information which appears to it to

contain well-founded indications that torture is being systematically

practiced in the territory of a State Party, the Committee shall invite that

State Party to co-operate in the examination of the information and to this

end to submit observations with regard to the information concerned.

2. Taking into account any observations which may have been submitted by the State Party concerned as well as any other relevant information available to it, the Committee may, if it decides that this is warranted, designate one or more of its members to make a confidential inquiry and to report to the Committee urgently.

3. If an inquiry is made in accordance with paragraph 2, the Committee

shall seek the co-operation of the State Party concerned. In agreement

with that State Party, such an inquiry may include a visit to its territory.

4. After examining the findings of its member or members submitted in accordance with paragraph 2, the Committee shall transmit these findings to the State Party concerned together with any comments or suggestions which seem appropriate in view of the situation.

Signing/Ratification of the Philippines

The Philippine Government acceded to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment on June 18, 1986. Pursuant to Article 19 paragraph 1 of the said Convention, the initial report was submitted on June 25, 1988, within a year after the treaty came into force (June 26,1987) in the country.

A map of parties to the UN Convention Against Torture, as compiled from the OHCHR's ratification list. parties in dark green, countries which have signed but not ratified in light green, non-members in grey.

Reports/Views/ General Comments/Concluding Observations

General Comment No. 20: Replaces general comment 7concerning prohibition of torture and cruel treatment or punishment (Art. 7) : . 03/10/1992.

Committee Against Torture, General Comment 2, Implementation of article 2 by States Parties, U.N. Doc. CAT/C/GC/2/CRP. 1/Rev.4 (2007).

Committee Against Torture, General Comment 1, Communications concerning the return of a person to a State where there may be grounds he would be subjected to torture (article 3 in the context of article 22), U.N. Doc. A/53/44, annex IX at 52 (1998), reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.6 at 279 (2003).

The recommendations of the Committee against Torture, made in response

to the initial report of the Philippines under the Convention against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment upon its

consideration of the report on 20 and 21 April 1989, are addressed as

follows:

The envisaged legal measures prohibiting torture would be implemented as rapidly as possible

The Government to place greater emphasis on training, education and

information

The Government to place greater emphasis on the monitoring process

The existence of internal unrest could not justify the use of torture, even if opponents of the Government themselves committed human rights violations

As a State Party to the core human rights instruments, the Philippines has always been conscious of its obligation to respect, protect, promote and fulfill the rights of its citizens. The report demonstrated that the Philippine government has not been remiss in its responsibility to prevent torture in all its forms. There are enough legislative, judicial, and administrative measures that give effect to the provisions of the Convention.

Domestic Legislation

Constitutional Provision

Article III, Sec. 12 of the 1987 Philippine Constitution provides that:

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(2) No torture, force, violence, threat, intimidation, or any other means which shall be used against Secret detention places, solitary, incommunicado or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or the preceding section shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

Article III, Sec. 19 of the 1987 Philippine Constitution provides that:

(1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. xxx

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Pertinent Laws As mentioned in the initial report (CAT Report), the Revised Penal Code

guarantees that all acts of torture are classified as criminal offenses with corresponding penalties under Philippine laws. New laws have since been passed which have contributed to the prevention of acts which could be considered as torture, or cruel, inhuman and degrading treatment or punishment:

(a) Republic Act No. 9745 known as the "Anti-Torture Act of 2009“ enacted on

November 10, 2009

(b) Republic Act No. 8049, enacted on June 7, 1995, regulates hazing and certain forms of initiation rites.

(c) Republic Act No. 9344, enacted on April 23, 2006, penalizes certain kinds of treatment of children in conflict with the law.

(d) Republic Act No. 7877 of 1995 has imposed sanctions against sexual harassment.

The general administration of justice was further enhanced with three

landmark laws:

(a) Republic Act No. 7438, enacted on April 27, 1992, strengthens the rights of persons arrested, detained or under custodial investigation.

(b) Republic Act No. 6981, enacted on April 24 1991, provides for a Witness Protection, Security and Benefit Program.

(c) Republic Act No. 7309, enacted on March 30, 1992, provides for a Board of Claims for victims of unjust imprisonment or detention, and victims of violent crimes.

The Rule on Arrest of Rules of Court on Criminal Procedure, revised in 2000 by the Supreme Court, provides that:

“No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.” (Rules of Court, Rule 113, Section 2)

The 2002 Operational Procedures of the Philippine National Police prohibits the

use of torture, force, violence, threat, intimidation or any other means which

violates the free will. It also prohibits secret detention places, solitary confinement

(incommunicado) or other similar forms of detention (2002 Operational Procedures

of the Philippine National Police, Rule 11 – Arrest, Section 8)

The 1996 Operations Manual of the Bureau of Jail Management and Penology (BJMP) prohibits the imposition of disciplinary penalties to detainees which are cruel, inhuman or degrading. It also prohibits the employment of physical punishment as a correctional measure, and the use of corporal punishment, confinement in dark ill-ventilated cells and any form of cruel, unusual, inhuman or degrading punishment. (BJMP Operations Manual – 1996 Edition, Rule I, Section3-j)

The 2000 Operating Manual of the Bureau of Correction provides for the protection of inmates against the following:

(a) the imposition of any cruel, unusual or degrading act as a form of disciplinary

punishment;

(b) corporal punishment;

(c) the use of physical force by correctional officers, except in cases where the

latter act in self-defense, to protect another person from imminent physical attack,

or to prevent a riot or escape;

(d) deprivation of clothing, bed and bedding, light, ventilation, exercise, food or

hygienic facilities; and

(e) forced labor. (Bureau of Corrections Operating Manual - Part IV, Chapter 2, Section 3)

The Republic Act 9372 (Human Security Act of 2007), also known as the Anti Terrorism Act does not derogate the right against torture of persons suspected of committing acts of terrorism. On Section 2, Declaration of Policy, it is stated:

“Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of constitutionally recognized powers of the executive branch of the government. It is to be understood, however, that the exercise of the constitutionally recognized powers of the executive branch of government shall not prejudice respect for human rights which shall be absolute and protected at all times.”

The Articles of War and the Manual for Courts-Martial of the Armed Forces of the Philippines provides for the prohibition of cruel and unusual punishments of every kind with respect to persons subject to military law. (AFP Manual for Courts-Martial- Executive Order No. 178, Section 102)

Comparison between International and Domestic Jurisprudence

The Republic of Ireland v. The United Kingdom Series A, No. 25 Before the European Court of Human Rights, January 18, 1978.

Local Jurisprudence

Rouse v. The Philippines

Wilson v. The Philippines

International Jurisprudence

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