Torture is a human rights violation and no one, even erring individuals, shall be subjected to such cruel, inhuman, or degrading treatment or punishment.
The prohibition of torture in the Philippines and in other parts of the globe is absolute and can never be justified in any circumstance. This prohibition is non-derogable, which means that a State is not allowed to temporarily limit the prohibition on torture under any circumstance whatsoever, whether there is a state of war, political instability, or any other public emergency.
The Commission on Human Rights reminds government officials to be very circumspect in their public pronouncements as these might inspire transgression of people’s dignity and human rights. In addressing rogue behaviour among the ranks of security forces, due process of the law should be followed all the time. Encouraging the use of torture among fellow duty bearers does not exemplify the best standard of a public servant and should be condoned at all levels.
In 2009, the Philippines recognised that every person should be free from torture and passed the landmark legislation Republic Act No. 9745 or the Anti-Torture Act. Although already in place for more than 10 years now, there has been only one conviction under this law with many cases remain under investigation.
The Philippine Government, as a State Party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN CAT) and its Optional Protocol (OPCAT), is mandated to set up a National Preventive Mechanism (NPM) since its ratification in 2012. The non-passage of a law creating an NPM has been recognised by the UNCAT body as a non-compliance of the Philippines’ treaty obligation.
The CHR in 2016 initiated the creation of an Interim NPM to fulfil the functions of the Philippines’ NPM while the latter has yet to be enacted.
If the government is truly sincere with its international human rights treaty commitments, the Commission urges the administration to refrain from making any statement that endorses the use of torture in dealing with corruption and criminality in the country. Furthermore, we push for the immediate passing of the bill that establishes the NPM. This is a requisite in developing a comprehensive strategy that integrates a legal framework, effective implementation, and monitoring mechanisms that end and prohibit torture.
