Tag Archives: Constitution of the Philippines

[Statement] Republic Act No. 10175: legislating “one (1) degree higher” for impunity -PAHRA

Republic Act No. 10175: legislating “one (1) degree higher” for impunity

Our human right to the freedom of information
has not yet been made justiciable,
already a law is readied to curtail
our human right to the freedom of expression.

Republic Act No. 10175 –

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES –

was drafted, discussed, signed into law with all the good intentions to decisively stop the “perpetuation of licentiousness” ( Petition for Certioriari by members of the Ateneo Human Rights Center or AHRC Petition) and other harmful acts perpetrated within the cyber communities and affecting as well millions of Filipino users of the internet. R.A. No. 10175 was to take into effect last October 3, 2012.

The Philippine Alliance of Human Rights Advocates (PAHRA) “like” / agree with the AHRC Petition arguing that singularly and / or collectively the following provisions in R.A. 10175, as they transgress the …Bill of Rights in Article III of the 1987 Constitution of the Philippines, are

“unconstitutional”:

Chapter II: Punishable Acts

Sec. 4. Cybercrime Offenses. – The following acts constitute the offense of cybercrime punishable under this Act: xxxxxxx

(4) Libel. – The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

SEC. 5. Other Offenses. – The following acts shall also constitute an offense:

(a) Aiding or abetting in the Commission of Cybercrime. – Any person who wilfully aids or abets in the commission of any of the offenses enumerated in this Act shall be liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data

The above provisions are also non-compliant with the International Covenant on Civil and Political Rights (ICCPR) which was ratified by President Corazon Aquino and signed recently by President Benigno S. Aquino III, ironically, days before the 40th anniversary of the imposition of Martial Law which violently suppressed, among other human rights, the freedoms of information and of expression.

Furthermore, in relation to the issue of libel, the U.N. Human Rights Committee states in General Comment No. 34 (2011): “States parties should consider the decriminalization of defamation and, in any case, the application of the criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty.”

Even as early as January 24 Senate Session when Senator Vicente Sotto inserted the libel clause, provisions have been made to lodge within the said law that if implemented would be like viruses for impunity. Unwittingly or otherwise, congress has legislated

“one (1) degree higher” for impunity.

One person too many, after exercising one’s freedom of expression, have been a victim of vilification and later became a subject of extra-judicial killing or enforced disappearance or torture. Human rights defenders in exposing also through cyber bulletin boards the anomalies and abuses done by government and / or security forces officials are often harassed and criminalize, as in the case of Cocoy Tulawie. The objectionable provisions, despite protestation to the contrary, can be used to legitimize violations.

If not amended of the objectionable provisions, those directly responsible for the passage of R.A. 10175 will be held also accountable for the human rights violations and criminal acts done in its name.

PAHRA unites with all those petitioners who call on the responsibles of the Executive and Legislative Branches of Government, as well as the Supreme Court, to:

1. Facilitate the issuance of a Temporary Restraining Order to desist in implementing R.A. No. 10175;

2. Schedule a Department of Justice public hearing and input its results in the Oral Arguments before the Supreme Court;

3. Amend or declare null and void Sections 4 (4), 5, 6, 7 and 19 of R.A. No. 10175.
October 8, 2012

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[In the news] Business files petition before Supreme Court questioning anti-cybercrime law | Sun.Star

Business files petition before Supreme Court questioning anti-cybercrime law | Sun.Star.

September 25, 2012

MANILA – A businessman has asked the Supreme Court (SC) to stop government agencies from carrying out some provisions of the controversial Cybercrime Prevention Act, which critics fear may infringe freedom of expression because of its provision on online libel.

Louis “Barok” Biraogo, in his 28-page petition, said Section 4 (c) [4] of the law punishes libelous items posted on the Internet and “any other similar means, which may be devised in the future.”

He said the provision was crafted by legislators with grave abuse since this is opposed to “Sections 3 (1) (on inviolability of privacy of communication) and 4 (on freedom of speech, of expression, of the press, and peaceful assembly), Article III (Bill of Rights) of the 1987 Constitution.”

Read full article @ www.sunstar.com.ph

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

[Isyung HR] State of the Mokong Address

State of the Mokong Address

Babala: ang inyong mababasa ay pawang mga opinyon lamang, kathang isip at katuwaan. Ang mapikon… Mokong nga e.

Maraming salamat po. Maupo ho tayong lahat.

Senate President Juan Ponce Enrile; Speaker Feliciano Belmonte; Bise Presidente Jejomar Binay; mga dating Pangulong Fidel Valdez Ramos at Joseph Ejercito Estrada; ang ating mga kagalang-galang na mahistrado ng Korte Suprema; mga kagalang-galang na kagawad ng kalipunang diplomatiko; mga kagalang-galang na miyembro ng Kamara de Representante at ng Senado; mga pinuno ng pamahalaang lokal; mga miyembro ng ating Gabinete; mga unipormadong kasapi ng militar at kapulisan; mga kapwa kong nagseserbisyo sa taumbayan; at, siyempre, sa akin pong mga boss, magandang hapon po sa inyong lahat.

Mokong: Maraming salamat po. Maupo ho tayong lahat.

Walang tumalima, kasi wala naman palang nakatayo.

Mokong: Senate President Gusto ko Happy ka, haping-hapi ako sa ‘yo. Speaker Sonny “Cha-Cha” Belmonte, mga dating pangulong “Philippines 2000” at “Erap para sa mahirap”; ang ating mga His/Her Excellency sa diplomatic community, mga pork barrel recipient, mga human rights violators at sa aking pong mga boss, magandang hapon po sa inyong lahat.

Ito po ang aking ikatlong SONA, at parang kailan lang nang nagsimula tayong mangarap. Parang kailan lang nang sabay-sabay tayong nagpasyang tahakin ang tuwid na daan. Parang kailan lang nang sinimulan nating iwaksi ang wang-wang, hindi lamang sa kalsada kundi sa sistemang panlipunan.

Dalawang taon na ang nakalipas mula nang sinabi ninyo, “Sawa na kami sa korupsyon; sawa na kami sa kahirapan.” Oras na upang ibalik ang isang pamahalaang tunay na kakampi ng taumbayan.

Mokong: Ito po ang aking ikatlong SONA at wala pa rin akong balak maglabas ng National Human Rights Action Plan (NHRAP), at parang kailan lang nang sabay-sabay tayong nagpasyang tahakin ang tuwid na daang para lamang sa iilan. Parang kailan lang nang sinimulan nating iwaksi ang wang-wang, hindi lamang sa kalsada kundi sa sistemang panlipunan.

Dalawang taon na ang nakalipas nang sinabi ninyo, “Sawa na kami sa korupsiyon; sawa na kami sa kahirapan.”

Taong kamukongan: (sumingit) Mokong highness sinabi rin po namin, sawa na kami sa Impunity!
Mokong: Oras na upang ibalik ang isang pamahalaang kakampi ng taumbayan.

Taong Kamukongan: Bakit san ka pupunta? Are you going to resign and let the kamukongan people reign?

Gaya ng marami sa inyo, namulat ako sa panggigipit ng makapangyarihan. Labindalawang-taong gulang po ako nang idineklara ang Batas Militar. Bumaliktad ang aming mundo: Pitong taon at pitong buwang ipiniit ang aking ama; tatlong taong napilitang mangibang-bansa ang aking pamilya; naging saksi ako sa pagdurusa ng marami dahil sa diktadurya. Dito napanday ang aking prinsipyo: Kung may inaagrabyado’t ninanakawan ng karapatan, siya ang kakampihan ko. Kung may abusadong mapang-api, siya ang lalabanan ko. Kung may makita akong mali sa sistema, tungkulin kong itama ito.

Mokong: Gaya ng marami sa inyo, namulat ako sa panggigipit ng makapangyarihan. Labindalawang-taong gulang po ako nang idineklara ang Batas Militar. Bumaliktad ang aming mundo: Pitong taon at pitong buwang ipiniit ang aking ama kaya hindi ako nagpapalaya ng political prisoners ngayon; tatlong taong napilitang mangibang-bansa ang aking pamilya kaya wala akong banggit ngayon hinggil sa OFW; naging saksi ako sa pagdurusa ng marami dahil sa diktadurya kaya hindi naipasa ang Compensation for all victims of Martial Law. Dito napanday ang aking prinsipyo: Kung may inaagrabyado’t ninanakawan ng karapatan, siya ang kakampihan ko kaya nga wala akong NHRAP. Kung may abusadong mapang-api, siya ang lalabanan ko kaya wala pang napaparusahan na human rights violators. Kung may makita akong mali sa sistema, tungkulin kong itama ito kaya nga may impunity.

Matagal nang tapos ang Batas Militar. Tinanong tayo noon, “Kung hindi tayo, sino pa?” at “Kung hindi ngayon, kailan pa?” Ang nagkakaisang tugon natin: tayo at ngayon na. Ang demokrasyang ninakaw gamit ang paniniil at karahasan, nabawi natin sa mapayapang paraan; matagumpay nating pinag-alab ang liwanag mula sa pinakamadilim na kabanata ng ating kasaysayan.

Ngunit huwag po nating kalimutan ang pinag-ugatan ng Batas Militar: Kinasangkapan ng diktador ang Saligang Batas upang manatili sa kapangyarihan. At hanggang ngayon, tuloy pa rin ang banggaan sa pagitan ng gusto ng sistemang parehas, laban sa mga nagnanais magpatuloy ng panlalamang.

Matagal nang tapos ang Batas Militar kaya matagal nang walang hustisya sa mga biktima. Tinanong tayo noon, “Kung hindi tayo, sino pa?” at “Kung hindi ngayon, kailan pa?” kalian pa maipapasa ang batas para sa kumpensasyon? Ang nagkakaisang tugon natin: tayo at ngayon na. Ang demokrasyang ninakaw gamit ang paniniil at karahasan, nabawi natin sa mapayapang paraan; matagumpay nating pinag-alab ang liwanag mula sa pinakamadilim na kabanata ng ating kasaysayan, kaya naman nakabalik na ang mga Marcos sa mahahalagang pusisyon sa gobyrno.

Ngunit huwag po nating kalimutan ang pinag-ugatan ng Batas Militar: Kinasangkapan ng diktador ang Saligang Batas upang manatili sa kapangyarihan at kasama pa noon ang ilang nasa senado at kongreso. At hanggang ngayon, tuloy pa rin ang banggaan sa pagitan ng gusto ng sistemang parehas, laban sa mga nagnanais magpatuloy ng panlalamang.

Abangan Itutuloy…

Visit more of kamokongan @ The Mokong Perpective

[Event/Advisory] International Solidarity Mission (ISM) to call for international and local support against the Aurora Pacific Economic Zone and Freeport Authority (APECO)

The Prelature of Infanta is organizing a two-day International Solidarity Mission (ISM) to call for international and local support against the Aurora Pacific Economic Zone and Freeport Authority, better known as APECO. This mission will be highlighted by an on-site visit of Swiss, Dutch and Filipino faith-based leaders, local anti-APECO support groups, representatives of the CHR and NCIP, and media around the area of the eco-zone on February 17 and 18, 2012.
The ISM aims to support and strengthen the anti-APECO campaign on both local and national levels towards the repeal of Republic Act 10083 (amended version of the RA 9490) renamed as the “Aurora Pacific Economic Zone and Freeport Authority (APECO)”.

It’s More Fun in Aurora Without APECO

Formerly known as Aurora Special Economic Zone (ASEZA) in RA 9490, the APECO law expands the ecozone from 500 to 12,427 hectares, covering more barangays in the municipality of Casiguran such as Dibet, Esteves, San Ildefonso, Cozo and Culat.

Farmers, fisherfolks, indigenous peoples’ leaders and residents of Casiguran have repeatedly raised concerns against the creation of the ecozone and recently filed a case at the Supreme Court declaring the two RAs as unconstitutional. Despite this, ASEZA now APECO was amended and even got a 2012 budget allocation of about Php332.5 million.

Among the issues raised by affected communities were:
· Private lands and farm lots awarded to farmer-beneficiaries under the Comprehensive Agrarian Reform Program (CARP) are among those included in the ASEZA coverage.
· No consultation with the affected sectors and communities was made prior to the passage of RA 9490.
· Local government units of covered barangays were never informed, consulted, and considered before the approval of the law.
· Included in Parcel 1 is a 110-hectare land proclaimed as a reservation by Governor Frank Murphy by virtue of Proclamation No. 723, dated 21 August 1934.
· Fifty-five (55) farmers and their families tilling more or less 90 hectares of riceland are in danger of being displaced.
· Fisherfolks and their families are affected by the passage of RAs 9490 and 10083 since the shorelines for saltwater fishing starting from the southern tip of the peninsula of San Ildefonso going along Casiguran Bay to the opposite shore of the Casiguran Sound measuring 57.4 km are subject to conversion into a freeport.
· APECO covers around 11,900 hectares of ancestral domain claims with pending application for Certificate of Ancestral Domain Titles (CADT) with the National Commission for Indigenous Peoples (NCIP).
· Harassment and misinformation about APECO on the ground.
· In violation/conflict of the 1987 Constitution and other laws, such as the following:
Ø Article X, Section 10, 1987 Constitution and Sections 9 and 27 of the Local Government Code (RA 7160)

APECO can take land and expand itself without any legislative action.
(Section 4. Governing Principles)

Ø Article XII, Section 21, 1987 Constitution

APECO can borrow funds from foreign sources and incur indebtedness without need of the concurrence of the Banko Sentral ng Pilipinas contrary to the express provisions of the 1987 Philippine Constitution. (Section 12. Powers and Functions of APECO)

Ø Article XII, Section 11, 1987 Constitution

APECO authorizes foreign investors under the guise of private enterprises to operate public utilities in flagrant contravention of the policies enunciated in the 1987 Philippine Constitution. (Section 12)

United Against APECO

The delegates/organizations of the ISM are: Bp. Felix Gmür from Switzerland; Bp. Rolando Tirona of the Prelature of Infanta; Fr. Ben Verberne, MSC of Dutch Conference of Religious; Helena Jeppesen of the Swiss Catholic Lenten Fund (SCLF); Floor Schuiling of Mensen met een Missie- Netherlands; Fr. Edwin Gariguez of the National Secretariat for Social Action (NASSA), Fr. Pete Montallana, OFM and Bro. Martin Francisco of the Save Sierra Madre Network Alliance, Inc. (SSMNAI), Mark Cebreros of the Commission on Human Rights (CHR), Comm. Conchita Calzado of the National Commission on Indigenous Peoples (NCIP); Integrated Pastoral Development Initiative (IPDI), Freedom from Debt Coalition (FDC), Focus on the Global South (FOCUS), PAKISAMA/Task Force Anti-APECO, Task Force Detainees of the Philippines (TFDP), Tribal Center for Development (TCD), Swiss TV and Radio Veritas.

Over 500 members of the affected local communities and parishioners of the Nuestra Señora de Salvacion Parish in the area of Casiguran, Aurora will also be participating in this mission.

A community sharing between the international delegates and local communities, with each sector represented, will cap the first day, while the second day underscores the delegates’ visit to the indigenous people and fishing communities affected by the ecozone to listen to their experiences in relation to APECO.

After the two day mission, the delegation will come up with a comprehensive report which will be sent to different international organizations and concerned Philippine government agencies, on the local level. The report will detail the mission’s findings and appeal for appropriate actions – which are beneficial for the residents and affected communities and sectors in Casiguran, pressure international and inter-governmental bodies to issue statements against APECO and persuade the ecozone’s funders and potential investors to withdraw their commitments and investments.

The organizers are inviting the media, especially those who will be interested to cover the entire two-day ISM or do a story on the APECO for this press briefing to discuss details and the APECO issue thoroughly. For those who will join the ISM, departure in Manila will be on February 16. Transportation and accommodation will be made available to at most five reporters covering the ISM.
Fr. Edwin A. Gariguez
Executive Secretary
CBCP-NASSA / Caritas PHILIPPINES
470 Gen. Luna Street, Intramuros, Manila, PHILIPPINES
(02) 353-9346; 527-4147; 527-4163 / fax: (02) 527-4144

MEDIA ADVISORY
February 13, 2012

Contact Persons:

Fr. Edwin Gariguez
NASSA Executive Secretary
& Task Force Anti-APECO
+63.922.834.8248

Jofti Villena
FDC/FCAID Coordinator
+63.908.894.5174

[From the web] PHILIPPINES: Torture victims speak out–“I kept the torture I experience to myself for one year” Interview 9 – AHRC

An interview with a torture victim published by the Asian Human Rights Commission

SPECIAL REPORT
Torture in the Philippines & the unfulfilled promise of the 1987 Constitution

OVERVIEW: In this ninth interview in the series the interviewee has asked that his identity be withheld for security reasons. Here, he shares his experience on how he was tortured in police custody inside their headquarters. Due to the trauma he endured it took him one year before he was able to tell his colleagues about the torture he suffered.

But even after having the courage to tell others what he had experienced they doubted him, saying that what he experienced could not have possibly happened in the 90s.

Victim: I was a student activist in 1994. We were coming from a center (office) of the League of Filipino Students (LFS) in Baguio City, a student organization, where we were staying. I was a working student at that time. It was August of 1994. I thought of going to Manila at night (the transportation is available 24 hours) after coming out from work to visit my family. I was stopped and questioned by police officers who were on patrol. The policemen started asking where I was going and they searched my bag. I told them to Manila. In those days I had the habit of carrying reading materials, like pamphlets.

After searching my bag, the police told me that I was an activist and that I was a communist. They took me to their headquarters in Camp Dangwa (Camp Bado Dangwa — Police Regional Office (PRO) — Cordillera Administrative Region (PRO-CAR)), which is located a few minutes away from where the place they took me from. They took me to a room and blindfolded me. I could not ascertain what the surroundings looked like and who were the persons around me. At that time, a protest at our university against the increase of school tuition fees had just ended. We were successful in our campaign; however, we also knew full well that the student leaders were also under surveillance.

While I was inside a room or whatever it was in Camp Dangwa, they started interrogating and punching me. I do not know who they were. I felt that their fists were wrapped with cloth; they pulled my hair and slapped me. They were asking if I know the persons whose names they were mentioning. I told them I did not know. The names that they were mentioning were student leaders in our University and other universities. They also mentioned the names of leaders of progressive organizations in Baguio City. They also kicked me. They kicked my hips and it was very painful. I felt like they had fractured my bones. They punched me and pulled my hair repeatedly.

There were also occasions that they removed my blindfold. They were showing the photographs to me, telling me their names and asking me if I knew who they were. But I told them I did not know them; that I was only a student. Despite of what they did to me, I had to deny that I knew those persons in the photographs. Most of them were known to me. They told me that we were members of the CPP-NPA (Communist Part of the Philippines-New People’s Army), but I told them I was only a member of the League of Filipino Students (LFS) and I was not a member of any organisations they were mentioning.

Every time I responded to their questions, they slapped me. I can still remember that a blow split my lower lip. I can still remember the feeling that my nose was bleeding but I thought I only had a running nose. I did not know that I was indeed bleeding until I felt the blood drips to my mouth. After showing me the photographs, they took my wallet, planner and my home address telling me that they would be following me.

What I thought was the worst that happened to me was when they took me outside. Since it was around 1am I was frightened and kept on thinking that they were going to execute me and throw my body off a cliff. They took me onboard a vehicle. I thought of it because Baguio City is a mountainous area. I was really frightened by the idea that they were about to throw me somewhere. I kept on wondering where they would take me.

When they removed my blindfold it was the bus terminus in the city proper. It was around 7am. They let me ride on a bus. When I took the bus, those who took me into custody had spoken to the fare collector, probably telling him not to collect fare from me as I was not asked to pay. They only told me to go home. They did not return my bag, all my identification documents, all my personal belongings and my clothes that I was supposed to bring to Manila, were taken by them.

That was the last occasion that I saw them. We could say that they let me go; however, they had all the information about me. I did not have visible signs of torture, but I felt internally that I was bruised physically and mentally. Apart from my ruptured lip, I also felt my nose was fractured because it was bleeding profusely at that time. It was only after the bus that I was riding on had stopped at one destination that I was able to place ice on my face to cool my head off. The air conditioning inside the bus was very cold.

I notice that the torture marks to my legs, arms and body became visible only after one week. Although I am an activist, I have no idea about human rights–like who are the human rights groups whom you can approach for help with your problem. I did not complain. My awareness in terms of human rights, like what are my rights in complaining or filing charges was an idea I never thought of because I did not know.

Q: You did not see a doctor or went to the hospital?

Victim: I did not go (doctor or hospital) because I do not see any use of it. And I also did not know that I should have done it. Firstly, I was too frightened. The fear that I felt was very different to anything I had ever experienced. Now, I thought what I have experienced could be similar to other people who were also tortured. You do not know what to do. I never told anyone about what happened to me because I was too frightened. It was only after one year that I was able to tell my colleagues about what happened to me—by that time the news of the torture that I had suffered was no longer fresh news.

And because the news (for others) was no longer new, they doubted me. Because at that time it was during the presidency of (Fidel) Ramos; and I was told that the regime of (Ferdinand) Marcos was already over. They could not believe that what I had experience could have happen. But what happened to me also happened to others. I only heard stories about students who were picked-up. Probably, it was two years after my ordeal. Meaning, it took some time for others to verify my story and it was only believed after similar incidents happened to other students.

Q: After you were tortured, did you think about it every day? How did you manage to keep it to yourself for a year? Does it affect you mentally?

Victim: I thought the mere fact that I was not able to disclose it to my colleagues and others it already had an effect on me. I was too frightened. They (the police) can get back at me anytime. One month after the incident I went back to Baguio City. I felt I was taking a risk myself to test how far I could go. They could see me again and get back at me. Baguio is a very small city compared to Manila or any other cities in the Philippines. Because the place is small, it would be very easy for me (or anyone) to be seen again. That really frightened me. But I thought to myself that I could do it because that is the commitment I had as a student activist. Every now and then I thought of it and the idea really frightened me. I could still remember what happened to me, but I thought through the years I had overcome that trauma that I had in my life.

Q: Have you thought of seeing a psychologist or psychiatrist?

Victim: I did consult (them) before. It was a psychologist. I also know a few other people who are my friends. I have also undergone sessions in which I did not realize I was already under therapy. It was only about story-telling and sharing of experiences. I felt I have been able to release the emotional baggage that I had at that time. Eventually I was able to overcome it. I also experienced nightmares every night when I slept. I was sure I would be picked up again. I had nightmares that the (police) would see me somewhere in Session Road in Baguio City, that they would take me in a van or their patrol car. I had these types of nightmares.

Q: You mean, those who picked you up were from inside a police car?

Victim: They were in their police car. They were wearing (police) uniforms. There were two policemen and the three others were military.

Q: Were you able to remember what was written in their name plates?

Victim: I could not remember it anymore because it was dark. I could not focus and pay attention at that time on getting their names. What really preoccupied my mind was about what they were capable of doing to me. That was my only worry. I no longer thought of knowing what their names were.

Q: Now that we have that Anti-Torture Law, being a torture victim yourself what do you think about this?

Victim: For me, it is good that we already have the Anti-Torture Law. I have also read some part of the contents of this law. It is good and I thought it could provide protection to the victims of torture, those who could be victims of torture and those who are about to be tortured. They are helpful to victims whether the incident of torture is perpetrated by State elements or anybody who is capable of committing torture.

For me the law is good. But I have a few reservations about how it could be effectively be implemented and enforced. Because there have been many cases of extrajudicial killings, enforced disappearances and many victims of torture. So, how could you ensure that the implementation of this law would be effective? During my time as a student activist, the incident of human rights violations was not that rampant as against the suffering of torture victims today. It is worst than what I experienced. So, how could you ensure effectively that torture victims are safe and given security. But generally it is good that we already have this law, the only issue is how effective the law could be in terms of implementation. There should be a clear answer to that.

Q: If we had the Anti-torture Law at that time, would you be willing to pursue in filing of charges?

Victim: Yes, probably I would have filed a case and also if I was aware of how to file a complaint. Because (at that time) I just knew my rights as a student activist. But had I known that this would happen, I could have probably taken some action about my case. And had we had the Anti-Torture Law at that time I could have maximized this law. But the thing is I did not know what my rights were. Even now, we already have the Anti-Torture Law, but up to what extent does the public know about this? Does the public know that there is an (Anti-Torture Law). Of course it is a law, and since this is a law it should be the responsibility of the state or the government to make it known to the public. But many people are not yet aware of this law.

Q: Even now, is that what you think?

Victim: That is what I thought because it is not widely publicized. Actually, I have already asked my friends in the community and even my relatives if they are aware that there is already an Anti-Torture Law, but none of them knew it about it. Probably only the activists are aware about this law and those who are advocating for human rights know about it but the ordinary people, who are at risk or being victims of torture, are not aware about the existence of this law. They do not know that there is a law against torture. Part of the implementation of the law should have been to educate and inform the people about the law.

Q: Do you have any message to your fellow activists and to their families?

Victim: Firstly, for the victims of torture we should continue seeking justice because this is what we need to do. We should push for our rights as human beings. We already have a law. We just need to maximize it. For example, we already have the Anti Torture Law, so (we should think) how are we going to maximize this? How it could provide justice to the victims. We should study and improve ourselves on this. It will take a mass movement. We have to explain this, not only to victims of torture, but also to the public. (We have to explain) why human rights and the rights of any individual must be respected? It could take another mass movement for the education and campaign so that we could push for the implementation of this law.

Q: Do you have any message to the government or to the agencies who are responsible in implementing the Anti-torture Law?

Victim: To the government and elements of the State, they should study this law. In my experience, the perpetrators were state elements–the government personnel. They should study the content of the (anti-torture) law. They need to be educated as well. See, even the public does not know about this law; then, those who are responsible in the implementation of this law should be the first ones to study it.

The fundamental basis on which the Anti-Torture Law stands for is the principle of the right to life of a person. This is the basic right of any individual. This is the reason why human rights must be respected.

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The views shared in this interview do not necessarily reflect those of the AHRC, and the AHRC takes no responsibility for them.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

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