Lesson 3.2.
2- Human Rights in Investigation
Module 2.1
Human Rights in
Investigation
Anti-Torture Act of 2009 (RA 9745)
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Lesson Goal
Module 2.1
To enhance the participants’
knowledge and awareness on RA 9745
or the Anti-Torture Act of 2009.
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Lesson Objectives
Module 2.1
At the end of the lesson, the participants will be
able to:
1. Define the various terms used in RA 9745.
2. Discuss the acts of torture.
3. Discuss the absolute right of freedom
from torture.
4. Enumerate and discuss the rights of a victim.
5. Identify the obligations of government
agencies under the Act.
6. Discuss the penal provisions of RA 9745.
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Scope of Presentation
Module 2.1
• Definition of Terms
• Acts of Torture
• Absolute Right of Freedom from torture
• The rights of a victim
• Obligations of government agencies
under the Act
• The penal provisions of RA 9745
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Background
Module 2.1
• Article III Section 12, 1987 Philippine Constitution
• RA 9745 criminalizes Torture and other Cruel,
Inhuman and Degrading Treatment or Punishment
• Signed into law on November 10, 2009 by former
President Gloria Macapagal Arroyo
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Definition of Terms
Module 2.1
• Torture – Act of intentional infliction of severe pain
or suffering.
Means of Infliction: Physical or mental/psychological.
Offender/s: A person in authority or
Agent of a person in authority.
Purpose/s: Obtain information or confession,
punishment for committing or suspected of
committing a crime, intimidating or coercing, for any
reason based on discrimination (Section 3
RA9745).
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Definition of Terms
Module 2.1
• Victim - The person subjected to or has
suffered harm by or as a result of torture or
other cruel, inhuman and degrading treatment
or punishment.
• Physical torture – A form of treatment or
punishment that causes severe pain,
exhaustion, disability or dysfunction of one or
more parts of the body (Section 3 of RA9745).
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Definition of Terms
• Module 2.1
Mental/Psychological Torture –Acts
calculated to affect or confuse the mind
and/or undermine a person's dignity and
morale.
• Other cruel, inhuman and degrading
treatment or punishment - A deliberate
and aggravated treatment or punishment
that is not classified as physical or
mental/psychological torture, which attains
a level of severity causing suffering, gross
humiliation or debasement to the latter.
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Definition of Terms
Module 2.1
• Order of Battle - Any document or
determination made by the military, police or
any law enforcement agency of the
government, listing the names of persons and
organizations that it perceives to be enemies
of the State and that it considers as legitimate
targets as combatants that it could deal with,
through the use of means allowed by
domestic and international law (RA9745).
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Definition of Terms
•
Module 2.1
Person in Authority - Any person directly
vested with jurisdiction, whether as an individual
or as a member of some court or government
corporation, board, or commission (IRR RA
9745).
• Agent of a Person in Authority - Any person,
by direct provision of law or by election or by
appointment of a competent authority, is charged
with the maintenance of public order and the
protection and security of life and property, and
anyone who comes to the aid of a person in
authority (IRR RA 9745).
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Definition of Terms
Module 2.1
• Custodial Investigation - Includes the practice
of issuing an "invitation" to a person who is being
investigated, without prejudice to the liability of
the "inviting" officer for any violation of law, as
defined under RA 7438 (IRR RA 9745).
• Interrogation – The process of questioning an
arrested or detained person in relation to any
violation of law (IRR RA 9745).
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Definition of Terms
Module 2.1
• Solitary Confinement – Exists when prisoner(s)
or detainee(s) is denied contact with any other
persons, except members of prison or detention
staff or when occasional access to them
depends on the jailer or prison authority.
• Incommunicado - Deliberately prohibiting
without valid reason a person under investigation
or detention from communicating in any manner
with any person other than the persons holding
him/her under custody (IRR RA 9745).
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Definition of Terms
Module 2.1
• Prohibited Custody - Is the captivity or
deprivation of liberty of an individual, whether
static or mobile, without just cause (IRR RA
9745).
• Prohibited Detention - A secret detention
place, solitary confinement, incommunicado
or other similar forms of detention, where
torture may be carried out with impunity (IRR
RA 9745).
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Definition of Terms
Module 2.1
• Right to Own Choice – The right of all persons
in custody to be informed of their right to demand
for a physical examination by a physician of
his/her own choice.
• Independent and Competent Doctor – Freely
chosen by the victim or his/her duly authorized
representative/s to conduct physical examination
and treatment (IRR RA 9745).
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Definition of Terms
Module 2.1
• Right to Physical Examination - The right to
prompt and thorough examination, before and
after any acts of interrogation and immediately
before and after any transfer of the person
between detention institutions.
• BHRAC (Barangay Human Rights Action
Center) is a barangay institutional mechanism
which receives and refers complaints of human
rights violations, including torture.
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Acts of Torture
Module 2.1
• Physical torture
• Mental/Psychological Torture
• Other Cruel, Inhuman and Degrading
Treatment or Punishment
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
A. Physical Torture
Module 2.1
1. Systematic beating, head banging,
punching, kicking, striking with
truncheon or rifle butt or other similar
objects, and jumping on the stomach;
2. Food deprivation or forcible feeding
with spoiled food, animal or human
excreta and other stuff or substances
not normally eaten;
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
A. Physical Torture
Module 2.1
3. Electric shock;
4. Cigarette burning; burning by electrically heated
rods, hot oil, acid; by the rubbing of pepper or
other chemical substances on mucous
membranes, or acids or spices directly on the
wound(s);
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
A. Physical Torture
Module 2.1
5. The submersion of the head in water or water
polluted with excrement, urine, vomit and/or
blood until the brink of suffocation;
6. Being tied or forced to assume fixed and
stressful bodily position;
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
A. Physical Torture
Module 2.1
7. Rape and sexual abuse, including the insertion
of foreign objects into the sex organ or rectum,
or electrical torture of the genitals;
8. Mutilation or amputation of the essential parts
of the body such as the genitalia, ear, tongue,
etc;
9. Dental torture or the forced extraction of the
teeth;
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
A. Physical Torture
Module 2.1
10. Pulling out of fingernails;
11. Harmful exposure to elements
like sunlight and extreme cold;
12. The use of plastic bag and other
materials placed over the head to the point
of asphyxiation;
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
A. Physical Torture
Module 2.1
13. The use of psychoactive drugs such as:
• The administration of drugs to induce
confession and/or reduce mental
competency;
• The use of drugs to induce extreme pain
or certain symptoms of a disease; and
14. Other analogous acts of physical torture.
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Module
B. Mental 2.1
or Psychological Torture
1. Blindfolding;
2. Threatening a person with
bodily harm, execution
or other wrongful acts;
3. Confinement in solitary cells or secret
detention places;
4. Prolonged interrogation;
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Module
B. Mental 2.1
or Psychological Torture
5. Preparing a prisoner for a "show trial", public
display or public humiliation;
6. Causing unscheduled transfer of a person
from one place to another, creating the belief
that he shall be summarily executed;
7. Maltreating a member/s of a person's family;
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Module
B. Mental 2.1
or Psychological Torture
8. Causing the torture sessions to be witnessed
by the person's family, relatives or any third
party;
9. Denial of sleep/rest;
10. Shame infliction such as stripping the person
naked, parading him in public places, shaving
the victim's head or putting marks on his body;
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Module
B. Mental 2.1
or Psychological Torture
11. Deliberately prohibiting the victim to
communicate with any member of his family;
and
12. Other analogous acts of mental or
psychological torture.
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
C. Other Cruel, Inhuman and
Module
Degrading 2.1 or Punishment
Treatment
• A deliberate and aggravated treatment
• Attains a level of severity sufficient to cause
suffering, gross humiliation or debasement
to the victim
• Not physical torture
• Not mental/psychological torture
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Absolute Right of Freedom
Module 2.1
from Torture
• Any person may file.
• No exceptional circumstances may be
invoked as a justification for torture.
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Institutional Protection
Module 2.1
• To have a prompt and an impartial
investigation (60 working days)
• To have sufficient government protection
against all forms of harassment, threat
and/or intimidation
• To be accorded sufficient protection
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Assistance in Filing
Module 2.1 a Complaint
• CHR and PAO legal assistance
• Legal assistance from the Barangay
Human Rights Action Center (BRRAC)
and from NGOs
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Right to Physical, Medical and
Module 2.1
Psychological Examination
•Physical examination by an independent
and competent doctor of own choice
•Psychological evaluation if available
•Immediate access to proper and adequate
medical treatment
• The right may be waived in writing with
the assistance and presence of a counsel
• Female Victim/Detainee– Female Doctor
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Right to Physical, Medical and
Module 2.1
Psychological Examination
Contents of the Medical Report:
•The name, age and address of the victim
•The name and address of the nearest kin
•The name and address of the person
who brought the victim
•The nature and probable cause of injury/trauma
•The approximate time and date of injury
•The place where the injury was sustained
•The time, date and nature of treatment
•The diagnosis, the prognosis or disposition
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Roles of Government
Module 2.1 Agencies
• On prohibited detention.
• On compensation to victims.
• On the formulation of rehabilitation program.
• On monitoring of compliance with RA 9745.
• On education and information campaign.
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Persons Criminally Liable
Module 2.1
As Principals, any person who:
• Actually participated or induced another
in the commission
• Cooperated in the execution by previous
or simultaneous acts
As Principals, any superior official/officer:
•Issued an order to commit torture
•Any act or omission or negligence
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Persons Criminally Liable
Module 2.1
As accessory, any public officer or employee:
•Having knowledge of the violation of the Act
•Did not participate as principal or as accomplish
•Takes part subsequent to its commission by
oProfiting
oConcealing or destroying
oHarboring, concealing or assisting
in the escape of the principal
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Penalties of the Anti-Torture Act
Module 2.1
Punishable Act/s Penalties
Torture
Death or mutilation, with rape or with other Reclusion
forms of sexual abuse, victim becomes Perpetua
insane, imbecile, impotent, blind or
maimed for life, against children.
Mental/Psychological Torture
Insane, amnesia, fear of becoming insane Reclusion
or suicidal tendencies due to guilt, Temporal
worthlessness or shame.
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Penalties of the Anti-Torture Act
Module 2.1
Punishable Act/s Penalties
Any Act of Torture
Resulting in psychological, mental and Prision
emotional harm other than those Correcccional
described in the preceding table.
Torture Prision
In consequence of torture the victim shall correctional
have become ill or incapacitated for labor Maximum to
for more than 30 days but not more than Prision Mayor
90 days Minimum
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Penalties of the Anti-Torture Act
Module 2.1
Punishable Act/s Penalties
Torture
Lost the power of speech, hear or smell; Prision Mayor
or lost an eye, a hand, a foot, an arm or a Medium and
leg; or lost the use of any such member; Maximum
or become permanently incapacitated.
Torture Prision Mayor
Deformed or shall have lost any part of Minimum and
the body or the use thereof other than Medium
those aforecited or shall have been ill or
incapacitated for more than 90 days
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Penalties of the Anti-Torture Act
Module 2.1
Punishable Act/s Penalties
Torture Prision
Victim shall have been ill or incapacitated Correccional
for labor for 30 days or less. Minimum and
Medium
Establish, operate and maintain secret
detention place/s, and/or effect or cause Prision Mayor
to effect solitary confinement, Minimum and
incommunicado and other similar Medium
prohibited detention.
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Penalties of the Anti-Torture Act
Module 2.1
Punishable Act/s Penalties
Cruel, Inhuman or Degrading Treatment
or Punishment as defined in Section 5 of Aresto Mayor
the Act.
Failure to Maintain, Submit, or Make
Available an Updated List of Detention Aresto Mayor
Centers and Facilities and the Data of
Detainees and Prisoners by responsible
officers or personnel of the AFP, PNP and
other law enforcement agenc
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Torture as an Independent Crime
Module 2.1
o A separate and independent criminal act
o No special amnesty for violators
Investigation Officers Basic Course
Lesson 3.2.2- Human Rights in Investigation
Summary
Module 2.1
In this lesson, we were able to:
1. Define the terms related to the
Anti-Torture Act.
2. Discuss the acts of torture
3. Discuss the absolute Right of Freedom
4. Enumerate and discuss the rights
of a victim
5. Identify the obligations of government
agencies under the Act.
6. Discuss the penal provisions of RA
9745 and its applicability.
Investigation Officers Basic Course
