Tag Archives: Istanbul Protocol

[Press Release] Joint investigators and prosecutors training for the first time to fight torture -MAG

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Joint investigators and prosecutors training for the first time to fight torture

MAGThe Philippine National Police (PNP) and the Department of Justice (DOJ) are working together with non-governmental organization, the Medical Action Group (MAG) in a UK-funded project to strengthen present efforts to fight torture in the country.

The British Embassy Manila through its Human Rights and Democracy Programme is providing funding for the project “Enhancing the Capacity of the Prosecutors and Investigators for Effective Investigation and Increased Prosecution of Torture Cases Using Medical Evidence.”

Investigators from the PNP and prosecutors from the DOJ will undergo training that will boost their capacity to preserve and process physical and medical evidences that should have probative value in court.

“This is to emphasize the close collaboration between the legal and police professions. However, investigators and prosecutors must often have limited knowledge and understanding of and insight into each other’s work and may even view each other with scepticism. This first joint training of investigators and prosecutors on investigation and documentation of torture cases is crucial process in providing them common ground and framework to work on the application of international standards for effective investigation and successful prosecution of torture cases in the country.” Erlinda Senturias, M.D., Chairperson of MAG explained.

“This project supports efforts to strengthen human rights and the rule of law in the Philippines. This training programme is unique in that it will not only provide investigators and prosecutors with the tools to improve how they process and present medical evidence, but will also strengthen collaboration between the PNP, the DOJ and civil society. This is an example of the openness and ongoing improvement that necessary for delivering positive results,” added Steph Lysaght, First Secretary and Head of the Political Section of the British Embassy Manila.

“This training will galvanize efforts to address the unbearable crimes of torture that tragically remains to be present, albeit in diminished scale, in our society. Quiet efficiency, integrity and honesty will be your guideposts in the use of tools and skills which hopefully will ensure a perfect conviction rate for Complaints and Information filed involving torture. The same aspiration applies to our partner law enforcement agents from the PNP and the NBI,” DOJ Secretary Leila M. de Lima said.

“The PNP must promote and protect human rights because this task lies at the very core of maintaining peace and order, ensuring public safety and upholding the rule of law in this country,” PCSuperintendent Nestor M. Fajura, Head, PNP Human Rights Affairs Office.

The training begins on 23 January 2013 for the first batch of forty-five (45) investigators mostly from the PNP Criminal Investigation and Detection Group (CIDG) and from the DOJ prosecutors. Selected graduates of the training will further be trained as trainors for investigators and prosecutors in other parts of the country.

Since 2004, the MAG has been increasingly engaged in capacity development among health and legal professionals on the investigation and documentation of torture cases according to the international standards set by “the Istanbul Protocol,” which provides medical and legal professions with tools for investigating, assessing and reporting allegations of torture.-end-

Note to editors:

The UN Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“the Istanbul Protocol”), is the international standard that provides medical and legal professions with tools for investigating, assessing and reporting allegations of torture.

The DOJ, PNP and MAG have entered into a Memorandum of Agreement (MOA) on the implementation of said project on November 15, 2012. Justice Secretary Leila M. de Lima; Mr. Steph Lysaght, Political Section Head of the British Embassy Manila; Police Chief Superintendent Nestor M. Fajura of the PNP Human Rights Affairs Office and Dr. Senturias of MAG signed the MOA, while Atty. Milabel A. Cristobal of the Commission on Human Rights (CHR) witnessed the MOA signing.

On November 22, 2012, Administrative Order No. 35 http://www.gov.ph/2012/11/22/administrative-order-no-35-s-2012 created a body, “Inter-agency committee on Extra-Legal Killings, Enforced Disappearances, Torture and Other Grave Violations of the Right to Life, Liberty and Security of Persons.”

MEDICAL ACTION GROUP, INC.
Health and Human Rights for All

Press release
January 23, 2013

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[Press Release] UK, DOJ and PNP forge partnership on training of investigators and prosecutors to fight torture -MAG

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UK, DOJ and PNP forge partnership on training of investigators and prosecutors to fight torture

Impunity and insufficient evidence in torture cases against alleged perpetrators are still among the serious impediments to the prevention of torture. Consequently, few complaints are brought forward and few actual prosecutions are made.

To help fight torture, the Medical Action Group (MAG), with support from the British Embassy Manila signed a Memorandum of Agreement (MOA) with the Department of Justice (DOJ) and the Philippine National Police (PNP) that will provide training for investigators and prosecutors for a more effective and efficient investigation and prosecution of torture cases in the country.

In a media briefing at DOJ, Mr. Steph Lysaght, Political Section Head of the British Embassy Manila said the British Embassy’ project with the MAG and in partnership with the Department of Justice (DOJ) and the Philippine National Police (PNP) aims to enhance the capacity of the investigators on investigations and evidence collection and to provide necessary knowledge and skills for the prosecutors on how physical and medical evidences are evaluated in court proceedings on alleged torture cases according to the Anti-Torture Law (Republic Act No. 9745) and international standards contained in the UN Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“the Istanbul Protocol”).

The training will be undertaken with funding from the British Embassy’s Human Rights and Democracy Programme.

“This is to emphasize the role that documentation and proper legal process play in the investigation and prosecution of torture cases. Close collaboration between the health and legal professions is crucial in the effective investigation of alleged cases of torture and in establishing standards on how to recognize and document torture in order that the documentation may serve as valid evidence in court,” Erlinda Senturias, M.D., MAG Board of Trustees member explained.

“The need to increase the capacity of investigators in handing evidences and prosecutors in evaluating physical and medical evidences represents recognition that effective and quality documentation of alleged torture cases can contribute mightily to reducing impunity in the Philippines and obtaining redress for torture victims,” MAG added.

Since 2004 the MAG has been increasingly engaged in capacity development among health and legal professionals on the investigation and documentation of torture according to the standards contained in the Istanbul Protocol. MAG explained that the use of the Istanbul Protocol was proved to be an important piece of evidence in the first decision of the Supreme Court (SC) [G.R. No. 180906, The Secretary of National Defense v. Manalo, October 7, 2008] on the application of the Writ of Amparo in the case of Manalo brothers.

Last year, the city and municipal health doctors through the Association of Municipal Health Officers of the Philippines (AMHOP) have declared their support for the effective implementation of the Anti-Torture Act.

This is not the first time that the British Embassy partnered with the MAG to promote the value and use of medical documentation of torture. In 2004, the two facilitated the production of the groundbreaking “Guidelines to Prevent Torture and the Manual on the Recognition, Documentation and Reporting of Torture,” one of the first successful modifications of the Istanbul Protocol. The Commission on Human Rights of the Philippines (CHR) acknowledged the valuable contribution the project made towards fulfillment of Philippines’ international human rights obligations, and still uses the manual in its work.

This partnership among the civil society, the government, the police and the British Embassy affirms the shared commitment to uphold justice and protection of human rights.

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[Advisory/Event] British Embassy Manila, Department of Justice (DOJ), Philippine National Police (PNP) and MAG will ink agreement

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British Embassy Manila, Department of Justice (DOJ), Philippine National Police (PNP) and MAG will ink agreement
by Medical Action Group (MAG)

ADVISORY

British Embassy Manila, Department of Justice (DOJ), Philippine National Police (PNP) and Medical Action Group (MAG) ink agreement for training of investigators and prosecutors to strengthen investigation and prosecution of torture cases

November 15, 2012 (Thursday), 10:30 to 11:30 AM
Department of Justice (DOJ), Executive Lounge
Padre Faura St., Manila

Non-government organization, the Medical Action Group (MAG), with support from the British Embassy Manila, will sign a Memorandum of Agreement (MOA) with the DOJ and the PNP that will provide capacity development and training among investigators and prosecutors for a more effective and efficient investigation and prosecution of torture cases in the country. The training aims to enhance the capacity of the investigators in gathering and handling of evidences and to provide necessary knowledge and skills for the prosecutors on how physical and medical evidences is evaluated in court proceedings on alleged torture cases according to the Anti-Torture Law (Republic Act No. 9745) and international standards contained in the UN Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“the Istanbul Protocol”) . This is in view of the lack of documentation standards for torture cases has often resulted in the rejection of physical and medical evidences by the courts. This training will have a direct impact on the ability to investigate and secure prosecution by improving the quality of evidences in torture cases. The training will be undertaken with funding from the British Embassy’s Human Rights and Democracy Programme.

The Commission on Human Rights (CHR) will witness the signing of MOA.

Guests:

Secretary Leila M. de Lima, DOJ
Mr. Steph Lysaght, Head, Political Section, British Embassy Manila
Representative from the Office of the PNP Director General Nicanor A. Bartolome
Atty. Milabel Cristobal, Office of the CHR Chairperson Loretta Ann Rosales
Erlinda Senturias, M.D., Member, MAG Board of Trustees

For Media Friends
Guests are available for interview.

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[Press Release] Recommendations by UN will make real difference to Philippine victims of torture, IRCT says

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IRCT IN GENEVA
Recommendations by UN will make real difference to Philippine victims of torture, IRCT says

30-05-2012

Torture in the Philippines was among the primary focuses of the United Nations Human Rights Council during the country’s Universal Periodic Review yesterday.

More than 15 states focused on torture in their recommendations to improve human rights in the Philippines. These recommendations include:

that the Government of the Philippines effectively implements the 2009 Anti-Torture Act, with a particular focus on ensuring that all investigations and prosecutions of allegations of torture and ill-treatment fully cover the possibility of command responsibility as stipulated in section 13 of the Act; and that all alleged victims of torture and ill-treatment have effective access to a medical evaluation of their injuries by institutionalising the use of the Istanbul Protocol, including by providing guidelines to judges, prosecutors, forensic doctors and medical personnel dealing with detained persons, to detect and document physical and psychological trauma of torture;

that the Government of the Philippines effectively implement the anti torture act with a special focus on responsibility of superior officers, access to a medical examination and the establishment of a sufficiently resourced rehabilitation programme for torture victims.
One of the main objectives of the second cycle of the UPR is to follow up to recommendations from the first UPR cycle; another objective is to ensure that recommendations are increasingly concrete and focused to promote implementation and facilitate monitoring and evaluation of these efforts.

The IRCT would like to commend the governments of Denmark and Ireland for making clear, concrete and focused recommendations that are highly pertinent to the specific domestic context of the Philippines, and which, if accepted and implemented, will make a real difference for access to justice and rehabilitation for torture victims in the Philippines.

The IRCT also welcomes the constructive approach taken by the Government of the Philippines to the UPR as clearly shown in its initiative to establish a multi-stakeholder mechanism to monitor implementation of UPR recommendations. The IRCT encourages the Government of the Philippines to accept all recommendations pertaining to torture and ill-treatment without delay so that the important national implementation work can commence immediately.

The Universal Periodic Review, or UPR, is a new mechanism of the United Nations to review the human rights record of all 192 member countries every four years. The Human Rights Council conducts these reviews, which result in recommendations to the state under review of ways in which they shall improve the country’s human rights situation.

For more information:
Read the IRCT’s UPR guide, available for download here as a PDF.

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[From the web] An ugly truth -worldwithouttorture.org

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An ugly truth.

The jobs we do not see advertised in the papers

”If this sounds like a sick joke, that’s only because jobs like this aren’t usually advertised. But the jobs exist and there’s no shortage of candidates.”

This is the point made by Freedom from Torture, a UK-based rehabilitation organisation and IRCT member, through an original campaign being run in major British newspapers.

An unusual job offer, but a usual reality

The organisation came up with several fictional job ads, where, for example, “a government department is looking for a torturer to work in a well equipped prison”, or “a militia group is recruiting a senior human rights abuser.”

Read full article @ worldwithouttorture.org

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[From the web] Taking the Istanbul Protocol forward -worldwithouttorture.org

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Taking the Istanbul Protocol forward.

Creating national plans for documenting torture – and UN monitoring of it – is hopefully the next stage for IRCT’s work with the Istanbul Protocol

A main impediment for torture victims to access justice is their lack of access to have physical and mental trauma documented by qualified medical experts. Without such evidence, cases are often dismissed without trial and the victims branded as lacking credibility.

Simply, for torture victims to take a case forward and for perpetrators to be held accountable, victims need access to documentation of their trauma provided by qualified experts.

For more than 10 years, the IRCT and key partner organisations have been working on ensuring effective access for all torture victims to a competent, independent and impartial medical/psychological examination of their trauma. This has mainly been done through promotion of the Istanbul Protocol, the UN-recognised standard and guide on documenting torture.

For example, through the IRCT’s collaboration with key forensic scientists, we have been able to use the Istanbul Protocol in key torture cases, such as with Khaled Said in Egypt.

Read full article @ worldwithouttorture.org

[From the web] UN Special Rapporteur highlights need for further investigation and participation of victims in fight against torture -www.irct.org

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UN Special Rapporteur highlights need for further investigation and participation of victims in fight against torture
http://www.irct.org
March 14, 2012

Last week, the UN Special Rapporteur on Torture, Juan Mendez, presented his annual report to the UN Human Rights Council (HRC). The report focuses on identifying best practices for the implementation of commissions of inquiry and makes extensive references to the standards contained within the Istanbul Protocol as key in the establishment of an effective and independent commission of inquiry.

In his presentation to the HRC, Mr Mendez specifically noted that “the earlier work carried out on this subject including the adoption of the Istanbul Protocol… provide useful guidance both to States and the international community on national as well as international commissions of inquiry.”

During the interactive dialogue a number of issues were addressed including the relationship between commissions of inquiry and criminal justice processes; the need for more elaborate and binding standards for commissions of inquiry; and how commissions of inquiry can contribute to the development of an institutional human rights culture.

Read full article @ www.irct.org

[Press Release] Partnerships forge on increasing capacity of medical professionals for improved prosecution of human rights violations cases

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The medical professionals are in essence a key to prevent impunity. They are often among the first persons to come into contact with victims of torture and other human rights violations. The medical documentation and medico-legal reports (MLR) they write are important facts that can be used as pieces of evidence in legal or administrative proceeding for prosecuting human rights violations cases and facilitating redress and reparation for survivors, the British Embassy stressed.

In a media briefing Saturday, British Ambassador to Manila Stephen Lillie said the British Embassy’s project with the Medical Action Group (MAG), “Improving prosecution of cases of torture, extrajudicial killings (EJks) by building the capacity of medical professionals to gather evidence and give testimony”, will be undertaken with funding from the British Embassy’s Human Rights and Democracy Programme.

The partnership among the MAG, the Commission on Human Rights (CHR) and the Association of Municipal Health Officers of the Philippines (AMHOP) affirms the shared commitment to uphold justice and protection of human rights.

“This is to emphasize the role that medical documentation and proper legal processes play in the investigation and prosecution of cases of torture and other human rights violations. Torturers and perpetrators of human rights violations must be held accountable, and victims and survivors must be given access to justice and redress,” Ambassador Lillie said.

“The need to increase the capacity of health professionals in medical documentation represents recognition that effective and quality documentation of torture and other cases of human rights violations can contribute mightily to reducing impunity in the Philippines and obtaining redress,” Edeliza P. Hernandez, MAG Executive Director explained.

For its part, the officials of AMHOP led by its President Arnold Dasio M. Cagulada, MD, on July 27, 2011 at Bayview Park Hotel Manila has declared their support for the effective implementation of the Republic Act No. 9745 or the Anti-Torture Act in particular, Section 22 of the Anti-Torture Act IRR which states that “all medical examiners conducting the examinations……are under a legal and ethical obligation to conduct a diligent and complete medical examination” and their aspiration to make more effective the campaign against torture and other human rights violations cases throughout the country by promoting awareness of the Istanbul Protocol among others.

The AMHOP is an organization of municipal and city health officers. To date, it has one thousand four hundred (1,400) members nationwide.

Hernandez explained that the use of the Istanbul Protocol (Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) in the case of Manalo brothers was proved to be an important piece of evidence in the first decision of the Supreme Court (SC) of the Philippines [G.R. No. 180906, The Secretary of National Defense v. Manalo, October 7, 2008] on the application of the Writ of Amparo.

According to the MAG, the SC decision stated that “the (medical) examination was conducted on August 15, 2007, two days after respondents’ escape, and the results thereof were reduced into writing.  Dr. Molino took photographs of the scars.  He testified that he followed the Istanbul Protocol in conducting the examination…………[w]e reject the claim of petitioners that respondent Raymond Manalo’s statements were not corroborated by other independent and credible pieces of evidence……The testimony and medical reports prepared by forensic specialist Dr. Molino, and the pictures of the scars left by the physical injuries inflicted on respondents, also corroborate respondents’ accounts of the torture they endured while in detention.”

Promulgated by the SC on 24 October 2007, the Writ of Amparo is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission by public officials or employees and by private individuals or entities.

Both human rights lawyer Atty. Jose Manuel Diokno of the Free Legal Assistance Group (FLAG) and forensic pathologist expert Dr. Raquel del Rosario-Fortun, have already agreed in facilitating the training which will cover human rights standards, court litigation and legal medicine for human rights violations cases, MAG added.

The British Embassy-Manila is providing funds amount to £59,131.72 for this 8-month project (July 2011-February 2012). This is not the first time that the British Embassy partnered with the MAG. In 2004, the two facilitated the production of the groundbreaking “Guidelines to Prevent Torture and the Manual on the Recognition, Documentation and Reporting of Torture,” one of the first successful modifications of the Istanbul Protocol.

The CHR acknowledged the valuable contribution the project made towards fulfillment of Philippines’ international human rights obligations, and still uses the manual in its work.

MEDICAL ACTION GROUP, INC.
Health and Human Rights for All
Press release
August 6, 2011

Contact reference:
Jerbert M. Briola
Mobile phone no. 0915-9629237

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[Press Release] Medical doctors can help to stop torture – Medical Action Group

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This June 26, the Medical Action Group (MAG) and its members composed of medical doctors and health professionals are one with the world in commemoration of the International Day in Support of Victims of Torture.

“Even though torture is a crime , torture persists as deep-rooted practice in the country. And majority of the perpetrators go unpunished and most victims are usually from marginalized sectors who lack resources to access lawyer and doctor they are entitled to,” said Edeliza P. Hernandez, Executive Director of MAG that treat torture victims.

26 June is the International Day in Support of Victims of Torture. On this day in 1987, the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Punishment came into effect. The Philippines acceded to this Convention on June 18, 1986.

MAG said that effective medical documentation of torture can contribute in reducing impunity and obtaining redress. This in turn can be expected to help prevent torture in the future. Medical doctors can help stop torture by using the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment commonly known as the Istanbul Protocol.

“Since medical doctors are often among the first persons to come into contact with a torture survivor after the incident. Our medical doctors play an essential role in preventing impunity by effective medical documentation of torture cases like the torture case filed last April 7 at the Regional Trial Court in Kidapawan by Commission on Human Rights (CHR) Region 12 against a police officer and his subordinates after it concluded that they mishandled two suspects in the October 2010 bus bombing in Matalam, North Cotabato,” MAG emphasized.

MAG urges the government to institutionalize the use of the Istanbul Protocol since it has been affirmed by the Supreme Court the value of the Protocol in proving claims of torture. ([G.R. No. 180906, The Secretary of National Defense v. Manalo, October 7, 2008] on the application of the writ of amparo)

The government’s obligation to provide redress for human rights violations like torture cases entails the duty to ensure full reparation and to provide rehabilitation for victims and their relatives.

“In this respect, through a combination of effective implementation of the Anti-Torture Act and the need for increased political will of our government officials are keys to prevent torture in the country,” MAG concluded.

Press release
June 26, 2011

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[Featured site] www.magph.org

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Since 1982, Medical Action Group (MAG) is known to be a service-provider to victims of human rights violations.

MAG continues to provide a holistic rehabilitative service, which includes but not limited to medical and psychosocial services, to documented torture survivors particularly political detainees and prisoners in the country. This is concurrent to regular jail visitation of MAG staff. The beneficiaries also include immediate relatives of torture victims.

MAG pioneers its work on medical documentation as part of “quick response team” or QRT by documenting alleged cases of torture and providing necessary health and medical services to victims of arbitrary arrest and detention. MAG has been assisting victim/survivor of human rights violations by providing medical records and documentation to the court for prosecution of alleged perpetrators and measures to protect the victim/survivor. It is a well-known fact that persons deprived of their liberty are subjected to torture before they were brought to a judicial authority. Hence the need of necessary protection to the arrested person during this stage is considered to be crucial to prevent torture. Indeed, MAG has developed its credibility from this line of work and formed a vast and reliable network of support groups, organizations, institutions and individuals to provide support to its programs and services.

On victims’ medical and psychological aspects, the interventions are proved to be effective.  The formation of support group system is crucial in establishing network regarding health and social welfare needs of victims as well as their relatives. The support group composed of victims’ relatives, friends and colleagues as well as groups of human rights defenders creates a sense of belonging, provides emotional support, initiates capabilities for self-management when it comes to decision-making in facing life after detention and trial, and makes it possible to vindicate the victims.

Through the combination of documentation, welfare assistance, rehabilitation, networking and lobby work, MAG has been able to influence a number of policies for the protection and defense of human rights in the country and access to justice in particular the campaign for the enactment of the Anti-Torture Act of 2009 (Republic Act No. 9745) and popularization of the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment otherwise known as the Istanbul Protocol in medical documentation of cases of torture.

The documentation work of MAG has resulted in some extent “fine-tuning” of the Implementing Rules and Regulations of the Anti-Torture Act i.e. Section 12, Right to Physical, Medical and Psychological Examination by facilitating a dialogue with concerned government agencies about documented cases where persons deprived of their liberty were not afforded prompt and regular access to a lawyer and an independent doctor from the outset of their detention, and victims’ right to request a second medical opinion by a doctor of his/her choice were violated.

MAG in 2009 facilitated the submission of the Joint Civil Society Report on the implementation of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to the UN Committee Against Torture 42nd session, 27 April to 15 May 2009. Followed by Joint Civil Society Follow-up Report on the Progress of the Implementation by the Philippines of the United Nations Committee Against Torture Concluding Observations last August 2010.

MAG is currently disseminating information of the United Nations Committee Against Torture (CAT) Concluding Observations and Recommendations to the Philippine government and also involve in education campaign on popularization of the Anti-Torture Act.

Every year, MAG also conducts social and recreational activities for victims of torture and their relatives as part of their rehabilitation. On the commemoration of the International Day of Support for Victims of Torture and during Christmas season dubbed as “Paskuhan sa Kampo” (Christmas in Jail) are few of these activities where we mobilizes government agencies, civil society organizations, friends, concerned individuals and specialists.

For more information about MAG, please visit
http://www.magph.org
http://www.facebook.com/medicalactiongroup

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