PGMA has 18 days left to criminalize act of torture in the Philippines

Task Force Detainees of the Philippines (TFDP), a mission partner of the Association of Major Religious Superiors in the Philippines (AMRSP) sees no reason for PGMA to desist from signing the proposed Anti-Torture Bill. It is indeed a long overdue obligation of the Philippine Government to fulfill its duty to install domestic mechanisms to protect the people from the harm of torture and put perpetrators to justice.

Also known as “An Act Penalizing Torture & Other Cruel, Inhuman and Degrading Treatment or Punishment”, the bill was transmitted by Congress to the Office of the President on October 13, 2009. What is left now is for the president to sign the bill into law within 30 days after its transmittal.

The enactment of an Anti-torture Law is necessary to criminalize and help eliminate the use of torture. Civil society and victims of torture had lobbied for an anti-torture law since the fall of the Marcos dictatorship. Now, hopefully, we are 18 days away from having an anti-torture law.

We must never allow torture to be committed. Although the Philippine government is strong in denying its practice of torture, victims have surfaced to expose the suffering that they have been made to undergo. TFDP records show more than 500 individual victims of torture during the Arroyo Administration.

In the absence of an anti-torture law, victims continue to face more threats and intimidations while perpetrators remain unaccountable and acts of torture continue. Charges had been filed, but due to the deficiency of laws against such act and the nature of such cases, no one had been punished as impunity reigns stronger in the country.

The United Nations Committee Against Torture and the civil society have long called for the Philippine government to fulfill its obligation to protect its people from torture. Legislation of a domestic mechanism against the practice of torture has been one of the recommendations to the Philippine government.

The cases of the Abadilla 5, the Manalo brothers, political offenders like Archie Bathan, Gerardo Ismael and Mark Alipio, and the disappearance and torture of Melissa Roxas and many others are living proof that the inhuman act to extract information and confessions remains a dominant practice among state authorities.

The government failed to act on retired general, now Congressman Palparan’s alleged involvement to torture. Palparan was even bent on proving that Melissa Roxas is indeed a member of the New People’s Army, as if this would justify why state authorities perform acts of torture. The right not to be tortured is a non-derogable right and has no place in a civilized society.

We call on PGMA to stand by her pronouncements in the latest Philippine report to the UN Convention Against Torture and the Philippine government’s international pledges.

PGMA, Sign the Anti-Torture Bill into Law Now!

October 26, 2009

Anti torture Countdown Calendar of Events:

October
22 Signature Campaign at City College of Manila (CCM)
TFDP/Y4R/SDK
23
24
25 PRESS CONFERENCE LAUNCHING OF THE COUNTDOWN
PAHRA
26
27
28
29 Urban Poor Forum on ATL-SJDM Bulacan
KALAYAAN!

30 Remembering the Human Rights Defenders
at Plaza Miranda
PAHRA and Partners
31

November
1 Anti Torture Awareness Drive (churches)
TFDP
2 FIND Activity at Baclaran Church
(signature drive) FIND
3
4
5
6
7 Home Owner’s Forum on ATL
PALMERA Homes in Bulacan
KALAYAAN!-KPP
8 Anti Torture Awareness Drive (churches)
TFDP
9
10
11 CULMINATING ACTIVITY –ANTI TORTURE MARCH TO MALACANANG
(Submission of Signatures) PAHRA

Vacant slots can be filled up by member organizations and partners that are interested to sponsor activities with regards to the countdown.

For monitoring of daily activities and updates, we can visit the www.cannotallowtorture.blogspot.com

DEAR FELLOW ADVOCATES

We would like to inform you that the Enrolled Anti-Torture Bill is now on PGMA’s desk, ready for signing. Unfortunately, we have received word that GMA has plans to veto the measure since it does not include the accountability of Non-State Actors. If this happens, the proposed bill will be returned to the legislative branch for reconsideration.


This situation will yield one of two possible scenarios:

1. PGMA’s veto is overridden by a two thirds vote in each chamber.
2. The bill is not approved during the 14th congress. It will have to be re-filed next congress (yes, another round of campaigning and lobby work for us)


Here are the results of our consultation with our HR lawyers focused on the measure:

Once a bill is returned to the legislative branch due to a veto and is not overridden by a two thirds vote in each chamber, there is no possibility of reformulating the measure to satisfy the grounds for which the veto was made within the same congress. This means that the bill will have to be refilled next congress.

There are several reasons why lobbying for the Senate and the House of Representatives to override the veto is immensely difficult at this point in time:

1. An overwhelming majority at the House of Representatives is pro-administration
2. Due to the upcoming elections, should any administration legislator be in favor of voting for an override, he or she most likely will hesitate to do so for fear of upsetting the executive.
3. It is budget season already.


In consideration of the abovementioned concerns, the situation leaves us with one immediate option; lobby the Philippine President to reconsider her veto.


We can offer concessions such as presenting future support in lobby efforts for the amendments of the measure’s infirmities later.


Here are immediate steps we can take in order to make a final stand for the passage of the anti-torture law:


International Human Rights Organizations:

1. Sending Letters of Appeal/other forms communication to Malacanang urging PGMA to sign the enrolled bill.

2. Public Statements


Diplomatic Community Partners

1. Supporting/Joining upcoming lobby actions for the passage of the law

2. Sending Letters of Appeal/other forms communication to Malacanang urging PGMA to sign the enrolled bill.

3. Public Statements

4. Press Conferences


Local Partners:

1. Supporting/Joining upcoming lobby actions for the passage of the law

2. Sending Letters of Appeal/other forms communication to Malacanang urging PGMA to sign the enrolled bill.

3. Public Statements

4. Press Conferences


Should anyone have ideas on other possible solutions to this challenge, we would very much appreciate it. Kindly feel free to put forward your ideas and viewpoints in support of the anti-torture law. We would also like to encourage any direct actions in favor of PGMA’s signature should any individual or group afford to do so.


Remember, time is of the essence. PGMA has less than thirty days to veto. We are as of now unsure when the transmittal to Malacanang was officially logged but we definitely have less than a month.


Thank you very much for the continued support for the advancement of the right not to be tortured in the Philippines .


For the immediate passage of the Anti-Torture Law in the Philippines ,

Ellecer Ebro Carlos
PDRP-STOV Team
BALAY Rehabilitation Center, Inc.

Santiago lauds gov’t agencies for supporting OPCAT

(Balita-dot-ph)

MANILA, Oct. 8 -– Senator Miriam Defensor Santiago lauded on Thursday the concerned government agencies for their ‘remarkable’ supports in the Optional Protocol to the Convention Against Torture (OPCAT).

”It is remarkable that members of the military and law enforcement were unanimous in expressing support for this optional protocol to the convention against torture. This means that they are very educated on our constitution because this is no less than a constitutional provision,” Santiago said after the Senate committee on foreign relations public hearing on OPCAT.

Santiago explained that the optional protocol requires the country to observe international guidelines for the detention of prisoners.

”We can no longer push people in a very small compound and guard them at the rate of about one guard for every 40 prisoners, because the international standard is one guard for every seven prisoners,” Santiago said.

Santiago said she will sponsor the OPCAT which aims to build hundreds of jails around the country.

”Statistics show that there is simply unacceptable overcrowding in our jails. We are far below standard so that is why when we concur with the additional protocol, we will file a declaration of deferment, that is to say we will request the UN authority to give us three years so that we can upgrade our prison facilities before the subcommittee on torture will be able to come to our country any time at any place and make their visit,” Santiago stressed.

”Our penologists already know what the global standards are, and the mere intention to visit will already make them scramble to live up to the global standards,” she added.

Santiago said OPCAT was ratified by President Gloria Macapagal-Arroyo in 2006.
The lady lawmaker said there was a working group to assimilate all the agencies concerned like local governments, Commission on Human Rights, the Presidential Commission on Human Rights, and other law enforcement agencies like the military, Bureau of Jail Management and Penology and immigration bureau that are empowered to detain prisoners.

Philippine Drug Enforcement Agency (PDEA) director general Dionisio Santiago assured that agency upholds human rights by treating each person with respect, justice and fairness.
”In the campaign against illegal drugs, the basic foundations must be the rule of law and respect for individual rights. Otherwise, we will be no different from drug trafficiers and criminals operating in our society,” the PDEA chief said.

For his part, BJMP chief Rosendo Dial supported the objective of Sen. Santiago to improve the living conditions of inmates throughout the country.

”Every person even those confined in jails has the right to live free from torture and other inhumane treatments. BJMP has always advocated for the protection and promotion of human rights,” Dial said in his opening statement.

”BJMP supports the OPCAT and other cruel, inhuman or degrading treatment or punishment,” he added.

Dial also said that BJMP is also sensitive to the rights and needs of women and children inmates that it has separated 50 dorms for women and two facilities for children in coordination of the Department of Social Welfare and Development (DSWD).

Last year, the national government allotted P36.9 million for the BJMP for the construction of three regional offices, 11 new jail buildings, nine perimeter fences, 11 additional cells for male and female and other facilities such as visiting area and kitchens.

Dial said the BJMP needs P2.23 billion budget to address congestion of jails and eventually uplift the plight of the inmates in the country. (PNA)

OPCAT undergoes Public Hearing

OPCAT undergoes Public Hearing

The Committee/Public Hearing on the OPCAT finally took place this morning. Government agencies such the AFP, NBI, DOJ, PNP, BJMP and the DILG were present during the consultations. Executive Secretary Eduardo Ermita led those who were present in behalf of government. He officially announced government plans to defer (declaration to opt-out) the Philippines' obligation to part IV of the OPCAT for 3 years upon adhesion to the instrument (4 years actually, since one year is already given to States to prepare for its implementation). Except for some government agencies which claimed minor inconsistencies between our constitution and the OPCAT (which were quickly debunked by the Committee on Foreign Relations Chairperson, Sen. Miriram Defensor Santiago), there were no objections to the OPCAT whatsoever (which surprised the Senator) and most government agencies and Executive Secretary Ermita even reaffirmed their approval and support for the instrument.

I can safely say that it was obvious that Sen. Santiago was biased in favor of the Philippines' adhesion to the OPCAT. She asked Executive Secretary Ermita where the budget for the establishment and operation of the NPM will come from. He categorically said that it would have to be worked out through the proposed national budget. The resource persons from the human rights community also mentioned the possibility of accessing the special funds from the UN which was established specifically for OPCAT states parties in need of capacity building and other concerns.

Sen. Santiago also asked the executive branch which institution they were recommending to take on the role of the NPM in the Philippines. Executive Secretary Ermita said that government was considering the DILG to act as the central agency in the NPM system. Sen. Santiago was quick to rectify the intent saying that state agencies, most especially executive departments do not qualify to be designated as NPMs since the domestic visiting body needs to be functionally independent and therefore should be detached from any government institution.

Only a handful of civil society representatives and the Chairperson of the Commission on Human Rights were asked to present their positions on the OPCAT. Sen. Santiago chose a good lineup of human rights defenders to draw insights from during the deliberations. Human Rights stalwart Madam Loretta Ann Rosales intensely defended the OPCAT enumerating its benefits to the people while CHRP Chairperson Leila De Lima as always upheld the necessity of the OPCAT in the prevention of torture and improvement of conditions in places of detention in a superb manner. BALAY's Chairperson, Ms. Loreine Dela Cruz also imparted the institution's position on the OPCAT and its value in the protection of the rights of those deprived of their liberty.

Sen. Santiago said she is soon to deliver her sponsorship speech on the OPCAT and that we would all be invited to the sessions.

Our friends from the Senate Committee on Foreign Relations are optimistic that the OPCAT will be ratified by the Philippine Senate soon.

The passage of the Anti-Torture Law, Anti-Enforced Disappearance Law, IHL Law and the CHRP Charter are also in sight.

In the words of our friends from the CHRP, it has been a good year for human rights legislation.

Warmest regards to all!

Ellecer Ebro Carlos
PDRP-STOV Team
BALAY Rehabilitation Center, Inc.

CAT ALERT! CAT ALERT! Cannot Allow Torture Alert!

CAT ALERT! CAT ALERT! Cannot Allow Torture Alert!

GO FOR ZERO TORTURE!

It has been a long and arduous road for the human rights community’s lobby and campaign for the enactment of an anti-torture law. It has been more than a decade of challenges for the goal to criminalize this inhuman practice. Meanwhile incidents of torture continue to increase and perpetrators remain free.

After the Bicameral Committee of the 14th Congress finished its session last August and came out with a combined version of the anti-torture bill which is also known as “An Act Penalizing Torture & Other Cruel, Inhuman and Degrading Treatment or Punishment”, both houses had ratified the bill and is now set to be transmitted to the President for signature.

Much has been done but there are more to be accomplished.

What we need to do now is to intensify our lobby work for the bill to be enacted into law. Push Congress to immediately transmit the bill to the President and for GMA to sign it accordingly.

Task Force Detainees of the Philippines (TFDP) invites everyone to join our ZERO TORTURE DRIVE

a. Support PAHRA’s Signature campaign for GMA to sign the anti-torture bill into law now
b. Celebrate the nearing enactment of the Anti-Torture Law by joining the Freedom from Torture Advocates’ countdown campaign until its enactment
c. Support letter writing campaign for an Anti-Torture Law
d. Join TFDP’s ZERO TORTURE WALK in November

Express your rage against torture. Support ZERO TORTURE DRIVE!

We CANNOT ALLOW TORTURE!
ENACT AN ANTI-TORTURE LAW NOW!
END IMPUNITY NOW!

PGMA: Have the will...Sign the Anti-Torture Bill!

Gloria M. Arroyo
President
Republic of the Philippines
Malacanang

September 21, 2009

In 2001, together we willed to end the impunity consequent of plunder’s reign, let us again together will to expunge the impunity caused by torture.

The immediate enactment of the legislation is necessary to protect the rights of people to be free from torture, and would be a sign of the international status of the Philippines as a defender of human rights.

Furthermore, there are still many countries in the Asian and ASEAN region where a law criminalizing torture is absent. Given the Philippines’ political weight and membership in the UN Human Right Council (UNHRC), the signing gains an edge to influence others to take this positive step as well.

And lastly, the Freedom from Torture Law is necessary in order for the legal embodiment of the right not to be tortured to come full circle in the Philippines. The measure will ensure that the articles under Section 12 of the Bill of Rights under the Philippine Constitution, which stipulate the right to be free from torture, freedom from illegal detention, freedom from forced confessions and the right of torture victims to receive compensation and rehabilitation services, will redound to the lives of the people.

In fine, we echo the sentiments of the UN Committee Against Torture that, “The enactment of a domestic legal framework banning the use of torture in the Philippines is an absolute necessity.” We urge you to uphold the basic human right to be free from torture by immediately signing and enacting the Anti-Torture legislation.

The Philippine Alliance of Human Right Advocates (PAHRA) and the undersigned urge you to claim your place in our country’s history as the President who outlawed torture nationwide, bringing the country into compliance with its obligations under the UN Convention Against Torture (UNCAT).

UATC Position Paper Ratification and Implementation of the OPCAT

We, the member organizations of the United Against Torture Coalition Philippines (UATC), a broad-based coalition of organizations and individuals that work together against the use of torture in the Philippines Declare and Assert the following in relation to the Philippines’ adhesion and implementation of the Optional Protocol to the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment (OPCAT):

A straightforward system

The OPCAT establishes a system of regular visits to places where individuals are deprived of their liberty. This system employs two visiting bodies, one is the Sub-Committee for the Prevention of Torture (SPT), an international body that is composed of 10 experts and already conducting its work since January 1, 2007. Two is the National Preventive Mechanism (NPM), which will be composed of suitably qualified independent experts that is to be set up by the state once it adheres to the OPCAT.

Basically, these bodies will conduct regular visits to places of detention. Subsequent to their visits, these bodies will submit their recommendations to relevant state authorities based on their observations, findings and assessment. They shall then enter into a dialogue with relevant state authorities on the concerns. The state is then required to implement these recommendations in cooperation with these bodies.

This basic framework of operation, according to Article 4 of the Protocol aims to strengthen the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment. This is an obligation the Philippine government has had since 18 June 1986. The OPCAT bodies’ approach is to provide useful, practical and expert advice, tailored to the state’s circumstances, and forms the basis for institutional reform.

Regular visits to places of detention have been proven to be one of the most effective ways to prevent torture and ill-treatment. The work of the ICRC, the European Union’s CPT and the work of other visiting bodies elsewhere in the world have demonstrated the significance of preventive visits.
Apart from producing a deterrent effect, regular visits are also geared towards systematically identifying necessary changes that serve as instruments for reforms in policies, procedures, practices and even on laws governing the treatment of individuals deprived of their liberty and the conditions within detention facilities.

The OPCAT establishes a system of open and constructive dialogue between parties involved

The visiting bodies under the OPCAT are required to carry out their work and deal with the concerned state agencies in a distinctly placid and modest manner. It is clear under article 2 paragraph 3 of the OPCAT that confidentiality of communication with the state is a key principle and that the instrument does not establish a system for complaints or condemnation. It is a system of open and constructive dialogue between the Subcommittee, the NPM and the state party.

The Sub-Committee and the NPM rely on mutual trust and constructive dialogue rather than on an antagonistic or condemnatory attitude. These principles are explicitly safeguarded by specific provisions within the OPCAT. The Subcommittee and the NPM will make recommendations so that the state will be able to devise sound strategies, and not to discredit the state or its institutions.

OPCAT Implementation has no pre-requisites

The physical improvement of facilities is but a fraction of what needs to be done to eradicate ill-treatment and torture. It may take several years of cooperation between the Subcommittee, the NPM and the Philippine Government before we can see an evident impetus for change.

When the Subcommittee and the NPM start carrying out their visits, they do not expect to find perfect detention facilities and do not anticipate ill-treatment to disappear overnight. Realistically, they expect many problems wracking the system.

The objective sought by the SPT and the NPM is to progressively eradicate torture and ill-treatment, and together with relevant authorities, identify practical ways to achieve this objective within the national context.

The recommendations made by the visiting bodies need to be substantiated, pragmatic and realistic in order for authorities to implement them. There is no need to improve conditions of jail facilities prior to OPCAT’s implementation or fear any criticism from visiting bodies no matter how bad these conditions are.

OPCAT Implementation is possible within a year time frame

On September 23, 2008, Executive Secretary Eduardo Ermita announced the possibility of the Philippines to opt for a deferment of its obligations under Articles 3 or 4 of the OPCAT as made available to states.
The Philippine Government has not indicated which article/s it plans to defer but has made two reasons why it is considering a declaration to opt-out. First is to make the necessary improvements of conditions in places of detention and second, to harmonize domestic laws in order to conform to the OPCAT.

Member organizations of the United against Torture Coalition which have long been working for the advancement of the detainees’ and prisoners’ rights, as well as of prison reform have conducted consultations on preparations needed for the establishment of the National Preventive Mechanism. The coalition asserts that the fine-tuning of laws to accommodate the operations of an NPM in the Philippines will take less than a year if taken seriously by the government. This is due to the fact that the Commission on Human Rights of the Philippines, the institution which most likely will play a central role in the NPM system, has a well established organizational structure already.

Apart from a well established National Human Rights Institution, the Philippines is blessed with a wide array of dedicated organizations that have been conducting visits to places of detention in order to defend and promote the rights of individuals deprived of their liberty for several decades. In addition, there are enough international human rights institutions, including the Subcommittee on Prevention which are very willing and ready to assist us in our efforts. We have enough intellectual resources, experience and available support to be able to devise an NPM system that is best suited for the Philippines well within the timeframe specified by Article 17 of the OPCAT.

With the right political resolve, tweaking the necessary domestic policies and laws to accommodate the new NPM’s operations and the minimal requirements of the SPT when it comes to visit is very much doable and worth it.

Let us utilize the assistance offered by the Subcommittee on Prevention and the National Preventive Mechanism without delay

If we are capable of pursuing changes in the conditions in places of detention as well as the systems, policies and laws which govern the operations of these facilities ourselves, we could have done so by now. The obvious truth is that, we cannot.

Reality wise, we need the assistance of experts dedicated in fields relevant to the treatment of persons deprived of their liberty. What makes the members of the SPT suitable to assist us are due to the fact that they have made this specific concern their life’s work. If indeed, we are already tired of the deplorable conditions of our detention facilities, let us make immediate use of what is being made available to us to obtain the changes that we want.

If we have every intention to follow viable recommendations made by these bodies and the wholehearted desire to bring about humane living conditions for those behind bars, then we need not have any worries in implementing the OPCAT promptly and to the fullest. Let us demystify the misconception that ratifying or implementing the OPCAT the soonest may cause a predicament for us.

Recommendations for the advancement of the OPCAT

On the OPCAT:

1. For all branches of the government, especially the Presidential Human Rights Committee (PHRC) and the Senate Committee on Foreign Relations to proactively pursue the immediate ratification of the OPCAT.
2. Declare a timeframe for the ratification of the OPCAT as requested by the Committee against Torture in the Advanced List of Issues no. 35.
3. With due diligence, work on the establishment of an NPM upon the Philippines’ adhesion to the OPCAT
4. Invite the members of the International Subcommittee on Prevention to the Philippines upon adhesion to the OPCAT to seek assistance in the development of the NPM, and to further build a good standing relationship with the body.
5. Recognize the authority of the SPT to conduct visits to places of detention within one year upon the Philippines adhesion to the OPCAT.

On the NPM:

1. Formally institute the Philippine OPCAT working group for the duration of the establishment of the NPM
2. Ensure that the POWG membership is well balanced by ensuring that individuals from suitably qualified independent organizations are represented alongside the Commission on Human Rights and government agencies
3. Guarantee a formulation of an appropriate Action Plan for the establishment of the NPM through transparent, participative and consultative means and make certain that this is included in the National Human Rights Action Plan.
4. Ensure that the POWG is able to consult and seek assistance from the SPT as it conducts its work
5. Ensure that the POWG has all the necessary resources to conduct its work
6. Ensure the POWG’s continued research work to carry out the implementation of the Action Plan for the establishment of the NPM.