ANTI-TORTURE ACT OF 2009

Case Overview and Summary

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

Policy and Definitions
- Declares the policy of the State to value human dignity, respect human rights, prohibit torture and cruel treatment, and adhere to international human rights instruments. (Section 2)
- Defines "torture", "other cruel, inhuman and degrading treatment or punishment", "victim", and "order of battle". (Section 3)

Acts of Torture and Prohibited Detention
- Enumerates specific acts constituting physical and mental/psychological torture. (Section 4)
- Defines "other cruel, inhuman and degrading treatment or punishment" based on severity and circumstances. (Section 5)
- Prohibits torture and cruel treatment under any circumstances, including war, political instability, or "order of battle". (Section 6)
- Prohibits secret detention places, solitary confinement, and other forms of detention where torture may occur. (Section 7)
- Requires law enforcement agencies to maintain and make public updated lists of detention centers and detainees. (Section 7)

Rights and Protection of Victims
- Excludes confessions obtained through torture as inadmissible evidence, except against accused torturers. (Section 8)
- Grants victims the rights to prompt investigation, protection from harassment, and safe testimony. (Section 9)
- Requires expeditious disposition of habeas corpus, amparo, and habeas data proceedings for victims. (Section 10)
- Provides legal assistance to victims in filing complaints. (Section 11)
- Grants victims the right to physical, medical, and psychological examination, with detailed medical reports. (Section 12)

Criminal Liability and Penalties
- Holds principals, superiors, and commanding officers criminally liable for acts of torture. (Section 13)
- Prescribes penalties ranging from reclusion perpetua to arresto mayor, depending on the severity of torture and its consequences. (Section 14)
- Treats torture as a separate and independent crime, not absorbed by other crimes. (Section 15)
- Excludes torturers from the coverage of special amnesty laws. (Section 16)

Other Provisions
- Prohibits refoulement (expulsion or extradition) to countries where torture is likely. (Section 17)
- Grants victims the right to claim compensation of at least PHP 10,000. (Section 18)
- Mandates the formulation of a rehabilitation program for victims and perpetrators of torture. (Section 19)
- Creates an Oversight Committee to monitor the implementation of the Act. (Section 20)
- Requires education and information campaigns on the prohibition of torture. (Section 21)
- Appropriates PHP 5,000,000 for the initial implementation of the Act. (Section 23)
- Authorizes the DOJ and CHR to promulgate implementing rules and regulations. (Section 24)
- Includes separability and repealing clauses. (Sections 25-26)
- Sets the effectivity date 15 days after publication in the Official Gazette or newspapers. (Section 27)