2.6.

AN ACT PENALIZING TORTURE

AND OTHER CRUEL, INHUMAN
AND DEGRADING TREATMENT
OR PUNISHMENT
(R.A. 9745)
(signed into law on November 10, 2009)

A.

Salient Features

Salient Features of Anti-Torture Law

Types of
Torture

Physical Mental/
Other Cruel, Inhuman,
Psychological Degrading Acts
Individual Responsibility as Principal,
Accomplice or Accessory

Offenders: Superior Responsibility Immediate superior

State Actors held liable as principal
only
Command Responsibility Immediate superior
of unit is administratively

Salient Features of Anti-Torture Law

Arresto Mayor (1-6 months imprisonment) up to
Penalties Reclusion Perpetua (Life Imprisonment) depending
on gravity & result of torture
All persons arrested, detained, or under
investigation have right to physical, medical and
psychological examination before and after
interrogation
Torture is a separate & independent crime --- not
absorbed by any other crime or felony committed
Other
Features as a consequence or as a means in the conduct or
commission thereof
No amnesty for those convicted of torture
Seeks to protect all persons under custody of
police, military, intelligence units, other agencies
in security sector

B.

What is Torture ?

Torture is:
1. An act by which severe pain or suffering, whether
physical or mental, is inflicted on a personto obtain
from him / her or a third person information or confession;
2. It is a punishment or ill-treatment for an act that he/she or
a third person has committed or is suspected of having
committed;
3. Or intimidating or coercing him/her or a third person for
any reason based on discrimination of any kind.
4. It is committed by a person in authority or by an agent of a
person in authority.
5. It does not include any pain or suffering arising only from,
inherent in, or incidental to lawful sanctions.

C.

Physical Torture

Lists of Physical Torture Defined in R.A. 9745

1.Systematic beating, head-banging, punching, kicking,
striking with truncheon, or rifle butt, or other similar
objects, jumping on stomach;
2.Food deprivation or forcible feeding with spoiled food,
animal or human excreta, and other stuff or substances
not normally eaten;
3.Electric shock;
4.Cigarette burning, burning by electric rods, hot oil,
acid; rubbing of pepper or chemical substances;
5.Submersion of head in water or urine, excrement,
vomit,
blood;
6.Being tied or forced to assume fixed, stressful bodily
position;
7.Rape & sexual abuse;

Lists of Physical Torture Defined in R.A. 9745

8. Mutilation or amputation of body parts;
9. Dental torture or forced teeth extraction;
10. Pulling out of fingernails;
11. Harmful exposure to elements such as sunlight and cold;
12. Use of plastic bag & other materials on the head to the
point of suffocation / asphyxiation;
13. Use of psychoactive drugs to change perception,
memory, alertness, and will of person; and
14. Other analogous acts of physical torture.

Mental/Psychological
Torture
refers to acts committed by a

person in authority or agent

of a person in authority which
are calculated to affect or
confuse the mind and/or
undermine a person's dignity
and morale, such as:

(1) Blindfolding;
(2) Threatening a person(s) or

his/fher relative(s) with bodily

harm, execution or other
wrongful acts;
(3) Confinement in solitary cells
or secret detention places;
(4) Prolonged interrogation;

(5) Preparing a prisoner for a "show

trial", public display or public

humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of
a person deprived of liberty from one
place to another, creating the belief
that he/she shall be summarily
executed;
(7) Maltreating a member/s of a

(7) Maltreating a member/s of a

person's family;
(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/her in public places, shaving the
victim's head or putting marks on
his/her body against his/her will;
(11) Deliberately prohibiting the
victim to communicate with any
member of his/her family; and
(12) Other analogous acts of
mental/psychological torture.

D.

Other Cruel, Inhuman and

Degrading Treatment
or Punishment
(CIDTP)

Other Cruel, Inhuman and Degrading

Treatment or Punishment (CIDTP)
Deliberate or aggravated treatment -- not listed
under physical, mental/psychological torture -- that
is inflicted by a person in authority or an agent of a
person in authority against a person in custody
which attains a level of severity sufficient to cause
suffering, gross humiliation, or debasement.