MikeLigalig.com

Relampagos pushes proposal to prevent torture

Congressman Rene L. Relampagos of the first district of Bohol raised concerns on torture remaining among the top human rights concerns in the country, along with extra-judicial killings and enforced disappearances. “Even with the passage of Republic Act No. 9745 or the ‘Anti-Torture Law of 2009,’ torture still persists in various prisons and detention facilities all over the country,” the Congressman, who was previously Chair of the House of Representatives Committee on Human Rights during the 15th Congress (2009-2012), said.

It may be remembered that the Philippines adhered to the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment (CAT) on June 18, 1986. To implement the provisions of this Convention, the Philippines enacted Republic Act No. 9745 or the “Anti-Torture Law of 2009.” The philosophy under CAT and RA 9745 is on combating impunity by criminalizing torture and prosecuting perpetrators of torture. “However, we have yet to see a test case on this,” Cong. Relampagos said.

“While the Anti-Torture Law is a landmark human rights legislation, there is wisdom in enacting a law to supplement RA 9745 with focus on strengthening prevention of the commission of torture in all places of detention. The mechanism or regular visits to places of detention to prevent torture and other cruel, inhuman or degrading treatment or punishment, under the OPCAT, is still not institutionalized,” the lawmaker added.

The OPCAT or the Optional Protocol on the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment was adopted on December 2002 by the General Assembly of the United Nations and entered into force in June 2006. The Philippines became a State Party to this Optional Protocol last April 17, 2012 through accession. Specifically, OPCAT advocates the establishment of a system of regular visits to be undertaken by independent international and national bodies to institutions or places where persons deprived of liberty are found.

Under the OPCAT, States parties are mandated to institutionalize its own national preventive mechanism (NPM) which will have, among others, the following functions and powers: (a) to regularly examine the treatment of persons deprived of their liberty in places of detention with a view to strengthening, if necessary, their protection against torture and other cruel, inhuman or degrading treatment or punishment; (b) To make recommendations to the relevant authorities with the aim of improving the treatment and the conditions of the persons deprived of their liberty and to prevent torture and other cruel, inhuman or degrading treatment or punishment, taking into consideration the relevant norms of the United Nations; and (c) To submit proposals and observations concerning existing or draft legislation.

Cong. Relampagos elaborated that, “having our own NPM assures us that torture and other cruel, inhuman or degrading punishment or treatment will not find its way in our prisons, jails and all other places where persons deprived of liberty are found. And by this, we do not talk only of the physical violence committed against the detainees by law enforcers and jail personnel but also looks at the physical condition of these detention facilities such as congestion, poor living conditions, lack of ventilation, unsanitary surroundings, and others – which all result to torture. The NPM will ensure this through their regular visits and monitoring.”

The NPM will be given the power to conduct unhampered, unrestricted and unannounced visits to jails, prisons and detention facilities.  “It is envisioned that these regular and/or surprise visits  will deter the commission of torture.  More importantly, the NPM will give recommendations which will either be for investigation and prosecution of offenders and/or the improvement of jail conditions – all with the aim of preventing torture,” according to the Congressman.  The NPM will cover all places of detention from the precinct level to the national penitentiaries.

“In the present set-up of our government, the Commission on Human Rights is the only institution which is Constitutionally given the power to exercise independent visitorial powers over jails, prisons and detention facilities. If we will have an NPM through a law, independent, regular and unannounced visits to places of detention will be ensured. The NPM that we propose will be an independent body but is attached to the Commission on Human Rights for proper coordination,” said the lawmaker.

“After due consultation with relevant stakeholders, the final proposed bill will be ready for filing within the weeks to come,” Cong. Relampagos assured. “We hope to pass this within the present Congress so that the gains of the Anti-Torture Law will be adequately sustained,” he ended.

Meanwhile, the proposed House Resolution No. 1149 authored by Congressman Rene L. Relampagos,  chair of the House committee on tourism, was approved by the House Committee on Transportation in its meeting last May 7, 2014. Specifically, the HR 1149 seeks to highly commend Civil Aviation Authority of the Philippines (CAAP) Director General William Hotchkiss III and Department of Transportation and Communications (DOTC) Secretary Joseph Emilio Abaya for their hard work in ensuring compliance with international civil aviation standards thus, causing the lifting of the ban on the Philippine national carrier to operate in Europe and the restoration of the Philippines international safety aviation rating to Category I status by the United States of America Federal Aviation Authority (FAA).

“I am elated with the fast action by the House of Representatives Committee on Transportation on the proposed HR 1149. This only speaks well of our appreciation to the good deeds and exemplary efforts of CAAP and DOTC. The tourism industry welcomes this and is highly anticipating its favorable effect in the months and years to come,” said Cong. Relampagos.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=80918.0