Republic Act No. 9745 (Anti-Torture Act of 2009)

This law aims to protect the human rights of people of all ages and legal standing, including suspects, detainees, and prisoners. It prohibits and penalizes any form of physical or mental harm against people who are in police/military/government custody and those who are under investigation. The law also expressly prohibits the establishment and/or operation of secret detention centers.

The law was enacted to fully adhere to the principles and standards on the absolute condemnation and prohibition of torture as provided for in the 1987 Philippine Constitution; various international instruments to which the Philippines is a State party, including the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); and all other relevant international human rights instruments to which the Philippines is a signatory.

Section 3 defines torture as an act of

• intentionally inflicting severe pain or suffering, whether physical or mental for the purpose of obtaining from him/her or a third person information or a confession,
• punishing a person for an act committed or suspected of having been committed by him/her or a third person has committed,
• intimidation or coercion to obtain information or confession
• suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority

Section 4 defines Acts of Torture as both physical and mental. Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body. “Mental/Psychological Torture” refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person’s dignity and morale.

Section 5 describes other cruel, inhuman or degrading treatment or punishment as deliberate and aggravated treatment or punishment inflicted by a person in authority or agent of a person in authority against another person in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter.

Section 6 provides that a state of war or a threat of war, internal political instability, or any other public emergency, or a document or any determination comprising an “order of battle” shall not and can never be invoked as a justification for torture and other cruel, inhuman and degrading treatment or punishment.

Section 7 prohibits secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be carried out with impunity. It mandates the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law enforcement agencies to provide updated list of all detention centers and facilities under their respective jurisdictions within the first five (5) days of every month at the minimum with the corresponding data on the prisoners or detainees incarcerated or detained therein to include the names, date of arrest and incarceration, and the crime or offense committed.

Section 8 provides that any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence in any proceedings, except if the same is used as evidence against a person or persons accused of committing torture.

Section 12 provides that before and after interrogation, every person arrested, detained or under custodial investigation shall have the right to he informed of his/her right to demand physical examination by an independent and competent doctor of his/her own choice. If such person cannot afford the services of his/her own doctor, he/she shall he provided by the State with a competent and independent doctor to conduct physical examination. If the person arrested is a female, she shall be attended to preferably by a female doctor. Any person arrested, detained or under custodial investigation, including his/her immediate family, shall have the right to immediate access to proper and adequate medical treatment.

Section 13 holds any person who actually participated or induced another in the commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel liable for the crime. Section 13 also holds liable any public officer or employee as an accessory to the crime if he/she has knowledge that torture or other cruel, inhuman and degrading treatment or punishment is being committed and without having participated therein.