Friday, November 13, 2009

Anti-torture law approved, at last.

The signing yesterday by Philippine President Gloria Arroyo of the 2009 anti-torture law of the Philippines somehow mitigates the gravity of the heinous human rights violations of her militaristic regime since she assumed power in 2001.

The bill took at least 15 years in the legislative mill, if I am not mistaken.

Even as an anti-corruption critic of the Arroyo government, I credit her for this accomplishment, no matter how late her action might have been.

Under the new law, wars, political instability and other public emergencies could not be invoked as a justification for torture and other cruel, inhuman and degrading forms of treatment or punishment.

Life imprisonment shall be meted on any person guilty of the following acts: torture resulting in the death of any person; torture resulting in mutilation; torture with rape and other forms of sexual abuse, when the victim has become insane, impotent, blind or maimed for life; and torture committed against children.

My only fear, though, is that, just like all the other beautiful laws of the country, this new law might simply remain in the inactive legal archives of the national library as the ruling party’s window-dressing for purposes of the 2010 elections but is not truly intended to be enforced with zeal and courage by the military, the police, and the justice pillars of the country.

In the Philippines, the law enforcers are the number one law breakers.

I do not have yet a full copy of the text of the new law. As soon as I acquire one, I promise my readers that I shall digest and discuss the provisions thereof to analyze whether the new law lives up to its name and spirit.

Below is a news alert on the matter from the Philippine Daily Inquirer issue today.


Arroyo signs anti-torture bill into law
By Lira Dalangin-Fernandez
INQUIRER.net
First Posted 13:58:00 11/13/2009


MANILA, Philippines—President Gloria Macapagal-Arroyo has signed the anti-torture bill into law, Malacañang announced Friday.

Republic Act 9745, signed into law Tuesday, criminalizes “torture and other cruel, inhuman and degrading treatment or punishment,” said deputy presidential spokesperson Lorelei Fajardo.

The law defines torture as acts constituting physical torture such as systematic beating, food deprivation, electric shock, cigarette burning, rape, among others. Mental and psychological torture, meanwhile, refers to acts such as blindfolding, prolonged interrogation, maltreating a member or members of a person's family, and denial of sleep, among others.

Wars, political instability and other public emergencies could not be invoked as a justification for torture and other cruel, inhuman and degrading forms of treatment or punishment, it said.

“Life imprisonment shall be meted on any person guilty of the following acts: torture resulting in the death of any person; torture resulting in mutilation; torture with rape and other forms of sexual abuse, when the victim has become insane, impotent, blind or maimed for life; and torture committed against children,” it further said.

The Philippines was a signatory to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.


see:
http://newsinfo.inquirer.net/breakingnews/nation/view/20091113-235993/Arroyo-signs-anti-torture-bill-into-law