Tag Archives: UATC

[Event] The Anti-Terror Act of 2020 and its impact on children -UATC

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#HumanRights #Children UATC LIVESTREAM DISCUSSION/ WEBINAR
In celebration of the National Children’s Month 2020

“The Anti-Terror Act of 2020 and its impact on children”
November 26, 2020 (Thursday)
4PM to 6PM

DISCUSSANTS:
The Anti-Terror Act of 2020: Background and Salient Features
Atty. Gian Arabejo, Alternative Law Groups (ALG)

Impact of the Anti-Terror Act to Children
Atty. Pamela Camacho, Children’s Legal Rights and Development Center (CLRDC)

Impact to Human Rights Work
Ernesto Anasarias, BALAY Rehabilitation Center

Updates on the Supreme Court Petition
Atty. Tin Sevilla, PAHRA/ OMCT

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[Press Release] Anti-torture advocates, women and child rights groups among new petitioners vs. Anti-Terror law filed at SC -UATC

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Photo by CATW-AP

Press release
September 11, 2020

Anti-torture advocates, women and child rights groups among new petitioners vs. Anti-Terror law filed at SC

Anti-torture advocates, women and child rights groups, torture survivors, families of involuntary disappearances and forensic expert filed a petition before the Supreme Court (SC) on Friday, 11 September, to declare the Republic Act (RA) No. 11479, also known as the Anti-Terrorism Law, unconstitutional. They collectively expressed that the Anti-Terrorism Law is reminiscent of the dictatorship of Marcos, thus choosing date for petition-filing was also a protest against moves to mark Sept. 11 as a holiday.

The petitioners belonging to the United Against Torture Coalition (UATC)-Philippines, a network composed of various human rights groups and individuals working on torture prevention in the Philippines, said that the Anti-Terror Act (ATA) directly contravenes RA 9745 or the Anti-Torture Law of 2009 that criminalizes acts of torture and ill-treatment.

In its petition for certiorari, the group argued that many of the main provisions of the ATA are contrary to the provisions of the 1987 Constitution and the anti-torture law, particularly those that value the dignity of every human person and guarantee full respect for human rights of all persons, including suspects, detainees and prisoners.

The group argued that under Section 29 of the anti-terrorism act, suspected terrorists may be detained for up to 14 days, extendible for another 10 days before they have to be charged in court- a condition that is conducive to the person detained for being tortured or coerced into involuntary confession, forcibly made to disappear or even summarily executed which the anti-torture law aims to prevent.

The petitioners have pointed out that this period is much longer than the three-day detention period allowed by the Constitution when the privilege of the writ of habeas corpus is suspended.

Cristina Sevilla, legal counsel for the petitioners underscored that the ATA provisions will violate constitutionally guaranteed fundamental freedoms that protect civilians from torture, ill treatment and enforced or involuntary disappearance. “Warrantless arrests of designated suspects and prolonged pre-trial detention heighten the risk as shown by years of documented cases,” added Sevilla.

“Given the dismal human rights record of the Duterte government and its misogynistic acts, the implementation of the ATA will have a chilling effect to every woman, especially the most vulnerable among us such as the prostituted women who have experienced acts of torture in the hands of authorities,” said Jean Enriquez, Executive Director of Coalition Against Trafficking in Women- Asia Pacific (CATW-AP) and co-petitioner.

The petitioners warned that the new ATA poses a threat to the legitimate work of human rights defenders.

Task Force Detainees of the Philippines (TFDP), co-petitioner also said that the Anti-Terrorism Council (ATC) under Section 25 of RA 11479 provides unbridled discretion in enforcing the law. TFDP feared that the ATA will only institutionalize the government’s repressive and discriminatory measures, which is to “weaponize the law to suppress fundamental freedoms.”

One of the petitioners, Edeliza Hernandez, Executive Director of Medical Action Group (MAG), said that the ATA will undermine and even discredit the work of service providers, humanitarian workers and healthcare professionals who provide medical services and treat wounded suspects or alleged terrorists as they can be interpreted as providing “material support for terrorism.” “We must ensure everyone from ambulance drivers to doctors can work without fear of prosecution or sanction,” she added.

Benito Molino, forensic expert and one of the petitioners said that “what makes torture abhorrent is not only what it does to the victims but how the system condones and hides it.” “The new ATA will only give the authorities more room to maneuver and further circumvent other laws to escape accountability,” added Molino. He further stated that the ATA is a regressive law and will put to waste all efforts that advanced human rights in the country from the Marcosian dictatorial rule. “The ATA brings back memories of gross human rights violations of the Marcos regime,” Molino expressed.

The petitioners asserted that freedom from torture is an absolute and non-derogable right stemming from the fundamental right to life.

“While it is the duty of the Philippine government to protect its jurisdiction from the threat of terrorism, it should not be at the expense of fulfilling its mandate to promote, protect, and guarantee the exercise and enjoyment of all human rights, said co-petitioner Joy Lascano, Executive Director, Balay Rehabilitation Center, Inc.

According to Joey Faustino, Secretary General of Families of Victims of Involuntary Disappearances (FIND) and co-petitioner, “the ATA is also contrary to another human rights legislation, RA 10353, the Anti-Enforced Disappearance Act of 2012.” “Torture and enforced disappearance are usually paired by unbridled authority,” he stressed. According to FIND, it took decades after Martial Rule and thousands of cases of enforced disappearance before RA 10353 can be enacted – with most of the victims still missing, their families left to heal by themselves from damages and economic displacement. “We need laws like this to protect our rights, not to stifle them,” Faustino added. FIND also stressed that surveillance invariably precedes enforced disappearance; inordinately long period of surveillance under the ATA will exacerbate the commission of enforced disappearances.

Children’s Legal Rights and Development Center, Inc. (CLRDC) is also among the petitioners. It opines that “authorities may crudely apply the Anti-Terror Act even to minors, in the same manner the anti-drug war was ruthlessly enforced by authorities that killed the likes of Kian and orphaned many children.”-end-

Contact person:

Edeliza Hernandez, contact no. 0949-8834814
Executive Director
Medical Action Group
UATC Secretariat Head

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[Press Release] Torture free Philippines should be the “new normal” -UATC

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Torture free Philippines should be the “new normal”

On 26 June[1], the United Against Torture Coalition (UATC)-Philippines, a broad network of human rights organizations and human rights defenders together with its partners, In Defense of Human Rights and Dignity Movement (iDEFEND), Philippine Alliance of Human Rights Advocates (PAHRA), World Organisation Against Torture (OMCT) and the Commission on Human Rights of the Philippines (CHRP), is one with the world in commemoration of the International Day in Support of Victims of Torture and in contributing to the campaign for the absolute prohibition of torture in all corners of the world.

On this day in 1987, the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment came into effect. The Philippines[2] acceded to this Convention on 18 June 1986.

Torture is an unequivocal crime. Under the UN Convention against Torture, it is prohibited under all circumstances, without exception. Yet torture is still commonplace and systematically being practiced by many States including the Philippines in the conduct of a custodial investigation under the guise of combatting terrorism, curbing criminality, and maintaining peace and order, which risk eroding constitutional and other legal protections. While the Philippines is considered one of its kind in Asia for criminalizing torture as a specific criminal offense with the passage of the Anti-Torture Act in 2009[3], however, the Philippine government failed to fully and effectively implement the law with reported cases of torture and ill-treatment continue unabated.

According to Rose Trajano, PAHRA Secretary-General, “despite having a law criminalizing torture and ill-treatment, there are still reported cases of torture being committed inside detention centers and prison cells, on the city streets and in remote villages.” Trajano added that in the height of the government’s war on drug campaign, most of those who were reportedly killed during the police anti-drug operations have marked similar to that of torture. She warned that “the Anti-Terror bill which is just awaiting the President’s signature will further institutionalize the acts of torture as the proposed law authorizing warrantless arrests and prolonged detention of suspects by which torture usually occurs.”

Since Pres. Rodrigo Duterte placed the Philippine island of Luzon and different parts of the country on lockdown on 15 March 2020, there were hundreds of arrests made by the authorities in the National Capital Region and other parts of the country. The Joint Task Force COVID Shield started releasing daily reports on 30 March, and by then the number of arrested was already 19,340, excluding tens of thousands who were apprehended, but were just either warned or fined, supposedly for violating quarantine rules. From the start of April to May 10, the number of daily arrests did not go below 400, and there were 9 days when police arrested more than 1,000 in a day.[4]

The Task Force Detainees of the Philippines (TFDP) has monitored that most of those arrested who allegedly violated quarantine restrictions suffered from cruel and degrading treatment or punishment such as the locking up of five youths inside a dog cage, some curfew violators were ordered to sit in the intense midday sun, and others were paraded chanting prayers and promises not to do it again.

“Today eleven years after the passage of the anti-torture law, it remains a practice. These dehumanizing acts must be banished from our midst through arrests and the effective prosecution of torturers. Torture must have no place in our society,” said Fr. Christian Buenafe, O.Carm, Chairperson of TFDP.

In the recent report[5] of the Office of the UN High Commissioner for Human Rights (OHCHR)[6] on the human rights situation in the Philippines, the report observed that “the response to COVID-19 has seen the same heavy-handed security approach that appears to have been mainstreamed through the ramped-up drug war and counter-insurgency imperatives.” The report also noted that ‘in just the first four months of 2020, including during the COVID-19 pandemic, “harmful rhetoric from the highest levels of the Government has been pervasive and deeply damaging. The rhetoric has ranged from degrading and sexually-charged comments against women human rights defenders, politicians, and combatants – including rape “jokes” – to statements making light of torture, calling for the bombing of indigenous peoples, encouraging extreme violence against drug users and peddlers – even offering bounties, calling for beheadings of civil society actors, and warning that journalists were not immune from “assassination”.”

“This act of cruelty leaves unseen scars especially on mind of the torture victims that last a lifetime”, as explained by Edeliza Hernandez, Executive Director of the Medical Action Group (MAG) on the effects of torture. Hernandez emphasized that torture does not only torment the victims but the society as well. And she pointed out that the majority of the perpetrators go unpunished and most torture victims are usually from vulnerable sectors who lack resources to access lawyers and doctors they are entitled to.

Wilnor Papa of the Amnesty International-Philippines concluded, “the COVID 19 pandemic places us in an unprecedented situation that needs strong commitments and actions from the Philippine government and other stakeholders to respect fundamental rights and freedom particularly the right not to be tortured in this time of crisis.”-end-

#NoToTorture #TortureFreeIsTheBestNormal

[1] The UN General Assembly proclaimed 26 June as the International Day in Support of Victims of Torture in December 2017.

[2] Philippines acceded to the Optional Protocol to the Convention Against Torture (OPCAT) in April 2012.

[3] https://www.officialgazette.gov.ph/2009/11/10/republic-act-no-9745/

[4] https://www.rappler.com/newsbreak/iq/264432-coronavirus-pandemic-charts-daily-arrests-filing-delays-leave-filipinos-in-jails

[5] https://news.un.org/en/story/2020/06/1065582

[6] https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25924&LangID=E

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[Video] UATC ONLINE LECTURE SERIES: Torture and ill-treatment in time of COVID19 pandemic

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UATC ONLINE LECTURE SERIES: Torture and ill-treatment in time of COVID19 pandemic

An online discussion on the impact of the government protective measures against COVID19 to civil liberties and fundamental rights under community quarantine organized by the United Against Torture Coalition held on June 17.

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[Statement] Anti-Terror law will make “torture” a new normal -UATC

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Anti-Terror law will make “torture” a new normal

We, the United Against Torture Coalition (UATC), the broadest network of civil society organizations and individuals working for the prevention of torture in the Philippines, vehemently condemn the treacherous imminent approval of the new Anti-Terror Law that may institutionalize the use of torture and ill-treatment in the name of counter-terrorism.

The enactment of the new Anti-Terror Law amid public health emergency due to COVID 19 pandemic shows not only the lack of concern of the Philippine government with the plight of the Filipinos especially the poor who are hardest hit by the COVID 19 pandemic, but also its propensity to suppress political dissent and infringe on fundamental freedoms and human rights including the non-derogable right against torture and ill-treatment. The railroading of its passage tramples upon the basic principle of democratic policymaking where all stakeholders are amply heard to ensure that law will serve and protect the governed not the governing.

The enrolled Anti-Terror bill which is just awaiting the President’s signature repeals the Human Security Act of 2007. Several of its provisions breach not only international human rights standards but also basic constitutional safeguards against human rights violations. It allows warrantless arrests and detention from the current maximum of three days to 14 days, extendible for another 10 days. This critical period during which forced confessions may be extracted can put a detainee at great risk of torture and ill-treatment, enforced disappearance, and even summary execution.

Torture is prohibited and penalized under Philippine laws. The Philippines as a State party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) is under obligation to take a wide array of measures against torture and ill-treatment. These include a prohibition in law; prevention; training; prompt, thorough, and impartial investigations; bringing perpetrators to justice; and reparations to victims. The Anti-Torture Act (ATA) or Republic Act No. 9745 was passed in 2009. It makes torture a separate crime and provides for a number of crucial fundamental guarantees to aid in preventing the commission of torture and assists torture survivors in seeking redress.

Despite having domestic legislation criminalizing the act of torture, this abominable practice continues to be perpetrated with the overwhelming majority of reported cases involving the police. The usual pattern shows that torture takes place following an arrest and when suspects are held incommunicado or kept in unofficial and secret detention facilities. Police officers often resort to torture and other ill-treatment to extract confessions or information from the suspects. In many cases, torture and other ill-treatment are inflicted to punish or to extort money from them. The new Anti-Terror Law will only give the government authorities more room to maneuver and further circumvent other laws to escape accountability especially with the removal of the provision on payment of 500,000 Philippine pesos ($10,000) damages for each day of wrongful detention.

Nothing in the new anti-terror law really guarantees that the authorities will not abuse or misuse the law to exacerbate the prevalence of torture and ill-treatment. Given the Duterte administration’s track record and the well-documented open hostility towards human rights, the law practically allows the current dispensation to do anything it wishes including arbitrarily punishing anyone it dislikes. It can create an environment where the commission of torture becomes a new normal.

The new Anti-Terror law undeniably will create a chilling effect on human rights defenders who are providing assistance to victims of human rights violations who may be accused of committing alleged terrorist acts. The Philippine government can use the law to restrict and even discredit the legitimate work of human rights NGOs, through legal persecution, administrative regulations, and public vilification under the guise of fighting terrorism.

While the Philippine government has an obligation to protect its jurisdiction from the threat of terrorism and to ensure its national security, the same should not be at the expense of fulfilling its mandate to promote, protect, and guarantee the exercise and enjoyment of all human rights for all.

Respect for human rights and the rule of law must be the bedrock of the fight against terrorism. The government should take measures to address the conditions that fuel the spread of terrorism, primarily the prevailing social injustice and marginalization, political exclusion and discrimination, irresponsible governance, and the growing violations of human rights.

The Philippine government must learn from the lesson of the COVID 19 pandemic – “cure the disease, not the symptoms”.

#NO TO ANTI-TERROR LAW
#TORTURE FREE PHILIPPINES IS THE BEST NORMAL

UNITED AGAINST TORTURE COALITION
AMNESTY INTERNATIONAL-PHILIPPINES * ASIAN FEDERATION AGAINST ENFORCED DISAPPEARANCES * BALAY REHABILITATION CENTER * FAMILIES OF VICTIMS OF INVOLUNTARY DISAPPEARANCE * CHILDREN LEGAL RIGHTS AND DEVELOPMENT * MEDICAL ACTION GROUP * PHILIPPINE ALLIANCE OF HUMAN RIGHTS ADVOCATES * TASK FORCE DETAINEES OF THE PHILIPPINES

—
#ResistDictatorship
#DefendHumanRights
#JunkTerrorBill
#NoToTerrorLaw
#KeepSafeNotSilent

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[Statement] PH Gov’t fails to implement Anti-Torture Law – UATC/PAHRA/OMCT

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Ten years have passed since the passage of the landmark legislation prohibiting the act of torture in the Philippines. However, torture still persists in the country with total impunity.

In November 2009, the Philippines enacted the Republic Act (RA) No. 9745 otherwise known as the Anti-Torture Law which criminalizes torture and ill treatment and provides procedural safeguards of persons deprived of their liberty such as but not limited to their rights to notify relatives about the detention, to be examined by an independent medical professionals and to have prompt access to a lawyer throughout the investigation, pre-trial detention and trial. The law also guarantees that there should be no secret, unofficial or incommunicado detention where torture usually occurs. The law imposes criminal sanctions for its violations which include higher authorities for command responsibility.

The Anti-Torture Law of 2009 is regarded as a positive law criminalizing torture being the first of its kind in Southeast Asia, ten years after adoption of the Anti-Torture Law, the challenges faced by human rights organizations and survivors of torture and their relatives in seeking redress from acts of torture and ill treatment remain problematic.

Any good law is useless without its proper implementation. Many problems especially in the aspect of the criminal justice system render the law ineffective with the prolonged pre-trial detention, confessions extracted under duress, lack of prompt medical examination and access to a lawyer, reprisals and intimidation of torture survivors and witnesses; and lack of rehabilitation program for torture survivors and their families.

The investigation of torture allegations only resulted to dead end and perpetuate further the torture impunity such as the torture cases in 2010 of Darius Evangelista, Ronel Cabais, Lenin Salas et al. and in 2011, the torture case of Abdul-Khan Balinting Ajid, which the authorities failed to properly investigate the torture cases and prosecute effectively the alleged perpetrators. Jeremy Corre’s case remains as the only torture case filed in court and prosecuted under the Anti-Torture Law where a police officer was convicted for the act of torture.

With the war on drugs campaign of the Duterte government that have claimed more than 20,000 lives and the Martial Law in Mindanao and the ongoing anti-terrorism campaign, torture and other forms of grave human rights violations such extrajudicial killings and enforced disappearances are feared to continue under the climate of impunity and fear.

Today as we commemorate the 10th year of the enactment of the Anti-torture law, we, the United Against Torture Coalition (UATC), the broadest network of civil society working on torture prevention in the Philippines, call on the Philippine government to comply with its state obligations under the UN Convention Against Torture and to implement the Republic Act 9745.

We specifically urge the authorities to:

• Immediately request the CHRP Chairperson to convene the Oversight Committee in charge of overseeing the Implementation of the Anti-Torture Law. Such Committee should establish a database to systematically collect information on the implementation of the Anti-Torture Law including on investigations, prosecutions, access to medical evaluations, acts of reprisals, implementation of the rehabilitation program and the submission of inventory of all detention centres and facilities under the jurisdiction of the Philippine National Police and the Armed Forced of the Philippines (AFP);

• Take measures to promote compliance with the Anti-Torture Law through education of all government agencies and, military and law enforcement units on the law and torture prevention measures;

• Adopt necessary measures to ensure that all persons who allege or otherwise show indications of having been tortured or ill-treated are offered a prompt, thorough, impartial and independent medical examination. These include but are not limited to: ensuring adequate protection of health professionals documenting torture and ill treatment from intimidation and other forms of reprisals; and ensuring that health professionals are able to examine victims independently and to maintain the confidentiality of medical records; and

• Enactment of establishment of the National Preventive Mechanism (NPM) which in accordance with the Optional Protocol Against Torture (OPCAT) which the Philippines is a State Party.

We assert that torture has no place in a democratic and free society.
We insist that nothing can justify torture.
A government that allows torture is a government that has no value to human life and dignity.
We will therefore continue to defend our rights to be free from torture.

SIGNED:
United Against Torture Coalition (UATC)
Philippine Alliance of Human Rights Advocates (PAHRA)
World Organization Against Torture (OMCT)

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[Statement] iDEFEND and UATC reiterate its opposition to the reimposition of the death penalty in the country

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File Photo from PhilRights FB page.

World Day Against Death Penalty
October 10, 2019

Immediately upon assuming office, neophyte Senators Bong Go and Ronald De La Rosa filed proposed legislation reinstating the death penalty, along with 19 others in both Houses of Congress. This is in keeping with the order of President Duterte during his 2019 state of the nation address. Senator Manny Pacquiao said this is in line with God’s will because Jesus Christ was crucified. Many debates thence focused on the method of execution- hanging, firing squad, lethal injection.

The reimposition of death penalty is being pushed to support the war on drugs which is currently mired in scandal due to so-called ‘ninja cops’- police involved in recycling seized drugs and planting them on drug suspects, the mixed messages of President Duterte about military generals being involved in drug recycling, and the feud between the Philippine Drug Enforcement Agency (PDEA) and the Philippine National Police (PNP).

While legislators insist that the death penalty will curb drug trafficking, President Duterte said it is simply for revenge on behalf of the families of victims of heinous, drug-fueled crimes. Meanwhile, illicit drugs continue to be traded particularly in the Davao region, drug lords continue to evade justice, and the thousands of victims of extrajudicial execution have yet to be found guilty of the crimes they were killed for.

In a 2018 survey, less than 50 percent of respondents supported the death penalty for particular crimes. The majority of the people’s priorities still consist of livelihood, inflation, health, and education. Another survey revealed that 21 percent of Filipinos (21 million) live in poverty. Deutsche Bank recently even ranked Manila among the lowest in the quality of life, income, safety, health care, traffic commute, and pollution. These conditions remain the biggest factors that give rise to criminality including drug trafficking.

To date, there has been no scientific evidence of capital punishment’s deterrence to crime nor its ability to end drug trafficking. In the face of such a magnitude of corruption in law enforcement agencies waging the war on drugs, the suspicion of the involvement of the highest officials of the land and the continued trade in illegal drugs, the death penalty will only set more fuel to the fire of Duterte’s failing anti-drug campaign.

In Defense of Human Rights and Dignity Movement (iDEFEND) and the United Against Torture Coalition (UATC) reiterate its opposition to the reimposition of the death penalty in the country.

The government’s trigger-happy solutions to complex, decades-long problems that feed widespread inequality and marginalization will only result in tyranny taking root over a desperate population. The government must do the hard work of sustainably addressing poverty as well as the work of reforming the justice system. Anything less will only replicate the horrors of the war on drugs, where the poor suffered the brunt of its execution. The death penalty will most surely victimize the poor, exempt the rich, and perpetuate the violent culture of death permeating our society.

#EndTheAssault on the Right to Life!

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[From the web] Anti-Torture Coalition denounces Marcos burial like a “thief in the night”-UATC

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Anti-Torture Coalition denounces Marcos burial like a “thief in the night”

uatc logoA network of civil society organizations which advocate for the eradication of torture and ill treatment in the Philippines has likened the  sudden manner of the burial of the late deposed  dictator Ferdinand Marcos at the Libingan ng mga Bayani (LnmB) today as a “thief in the night.”

The United against Torture Coalition (UATC) said that the swiftness of the Marcos’s internment tend to belie the claim of the dictator’s family and their supporters that there is a popular support for the decision to bury him in the LnmB.

“Once again, the public was caught by surprise just like the time when the entire country was placed by Marcos under martial law. That kind of  stealth is characteristic of a thief who strikes in the dead of night when the victims are unaware,” the UATC spokesperson, Kaloy Anasarias, said.

Read full article @balayph.net

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[Press release] Not one more victim of torture, UATC urge

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Not one more victim of torture, UATC urge

Photo by UATC

Photo by UATC

uatc logo“The Philippines has one of the smallest police-to-population ratios in the world, an overstretched force, predisposed to taking ‘shortcuts’ during arrests and criminal investigations,is the breeding ground for officers who resort to torture and other cruel, inhuman and degrading treatment in carrying out their jobs,”the United Against Torture Coalition (UATC) said during their annual ‘Basta! Run Against Torture!’(BRAT) activity on 25 June in Quezon City.

“There are only 150,000 police officers serving 100 million Filipinos – this has been one of the perennial problems in our law enforcement that past administrations failed to address, but one that has played an important part of President-elect Duterte’s platform on peace and order during his campaign,” said UATC spokesperson, Joy Lascano.

The UATC supports President-elect Duterte’s intention of straightening up the Philippine National Police (PNP) ranks to enable the institution to effectively address crime.

“Such a goal can only be achieved by complementing efforts of not just recruiting more individuals into the force but improving the institution’s training and operational framework.  President Duterte also need to change his rhetoric by sending out a clear message that all law enforcement officials should abide by international law and standards, the Anti-Torture Act of 2009 and their own operational procedures in arrest and interrogation of suspects as well as the rules of engagement,” explained Lascano.

UATC also emphasized that the effective implementation of the Anti-Torture Act of 2009 will complement the efforts of the Duterte Administration towards professionalizing the PNP.

“State security forces, being the ones tasked to administer law and order should be the last ones to break the law by committing crimes and excesses such as torture. The respect for the Rule of Law must be cornerstone of PNP modernization and professionalization,” she added.

The coalition enumerated a number of reasons why law enforcement resort to torture. UATC acknowledges that these challenges are real and called on the members of the security forces present in their event to identify and effectively address

“There is a lack of awareness among members of the security forces regarding the requirements of human rights law in arrest and detention procedures. The perception that human rights are a hindrance to solving “real social problems” such as criminality should be countered as well as the notion that human rights only focus on the rights of “criminals” rather than on victims of crime. Some members of the police force are also over-zealous, the desire to show the public and their superiors that results are produced and that perpetrators are caught with minimum delay. Torture becomes a means for law enforcement to get the information they need, but this is not good policing work. The notion of acceptable ‘collateral damage’ in the struggle to curb crime and accomplish the “mission” at all costs also hinders proper enforcement of the law,” said Lascano.

UATC called on the incoming President to send an unreserved strong public statement that Torture and Ill-Treatment enabled by operational shortcuts and irregularities will not be tolerated, that all allegations of torture will be taken seriously.

“We ask President-elect Duterte to direct all institutions tasked to address the practice of torture, under the law, to have the determination to cooperate towards ensuring that institutional safeguards work, perpetrators are brought to justice, witnesses are protected and restitution to those who have experienced the ordeal employed. The UATC will stay vigilant in ensuring that not one more victim suffers from torture. We will continue to monitor that perpetrators are held accountable, due diligence is reinforced, safeguards are in place towards prevention of torture and a comprehensive rehabilitation program for victims and perpetrators are implemented.”  concluded Lascano.

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[Press Release] Not alone, never forgotten -UATC

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Basta! Run Against Torture (BRAT IX) photo by Egay

Basta! Run Against Torture (BRAT IX) photo by Egay

UNITED AGAINST TORTURE COALITION
Press Release
27 June 2015

Not alone, never forgotten

Activists all over the world took to the streets to demand justice for torture survivors on International Day for Victims of Torture. In the Philippines, the United Against Torture Coalition (UATC) conducted its 9th BRAT! or Basta! Run Against Torture with more than 700 runners from government agencies, civil society groups and human rights organizations.

uatc logo

BRAT! was the brainchild of running priest and activist, Fr. Robert Reyes in 2002. It served as the launching pad of the UATC’s national campaign against torture. The objective then to make public the condemnation of torture in the context of the war against terror, prevent the use of torture through the ratification of the OPCAT – which the government subsequently signed August of 2008, and to pass an anti-torture law which we achieved in 2009.

“Looking back at our efforts all these years in declaring torture as a human rights violation, in criminalizing torture, for protecting citizens from torture and rehabilitation of victims – we truly have come a long way in influencing Congress and our legal system towards this end. But, then again, looking at the number of torture cases and the number of people tortured by government – the results of all our work in stopping torture in reality have been overshadowed by the continued use of this abhorrent act. More than a decade after the first BRAT and five years after the passage of the law, no perpetrator has been brought to justice”, explained Ellecer Carlos, UATC spokesperson.

Photo by Egay/TFDP

Photo by Egay/TFDP

“We did not expect a dramatic drop in cases of torture at the start of the Aquino administration but we wanted to see a steady trend of declining cases of government agents torturing citizens under their custody, pointing towards a clear and unmistakable progress towards eradication of torture. This is our last run under the Aquino presidency, and this is a run of disappointment – for the missed opportunity in taking a giant step in stomping out torture in the Philippines in the last five years” added Carlos.

“On the last year of the Aquino presidency, we urge the President to use his remaining months to instill upon all levels of government that torture is a human rights violation and a crime punishable by law. No one should intentionally be subjected to severe pain and suffering when in the custody of any government agent or under their instructions. Perpetration of torture must not be tolerated by anyone in government and perpetrators must be punished”, Carlos pointed out.

“UATC is emphasizing five calls for this year’s BRAT! – ending impunity and ensuring accountability, rehabilitation and remedies must be in place; maintaining that nothing justifies torture; making sure that all safeguards work; promoting solidarity and cooperation among stakeholders; and, last but not least committing to full prevention of torture,” Carlos explained.

In spite of strong provisions enshrined in the Philippine Constitution prohibiting the use of torture, its criminalization as provided for by Republic Act 9745 or the Anti-Torture Law of 2009, and the Philippines having been a state party to the UN Convention Against Torture (UNCAT) since 1987, torture remains widely used and accepted today.

“The concept of the right to be free from torture eludes the general public and disappointingly, government representatives and state security forces as well. Evident of this situation is the now infamous ‘’wheel of torture” found in an alleged ‘torture chamber’ in a police station in Biñan, Laguna. Aside from extracting information from suspects detained at the police station, the police allegedly used torture to entertain themselves when they are drinking or when they are drunk,” said Carlos.

The UATC believes that in order to see the decline of the practice of torture in the country, it is important that all members of society become informed of this right that is inherent to all individuals.

“All places where people are deprived of their liberty, no matter how big or small, near or far, must be placed under the lens of scrutiny to finally stop this inhumane practice. ‘Krimen ang torture’ – this is our battle cry. The ratification of OPCAT, passage of the law or the efforts towards the enactment of a National Committee on the Prevention of Torture are all positive changes towards ending torture but without breaking the chain of impunity or holding perpetrators to account, torture will still prevail,” reiterated Carlos.

The UATC will focus on addressing the need to implement RA 9745 in its fullest extent centering on accountability and rehabilitation as the important aspects of the law that need focus, the adoption of a National Committee for the Prevention of Torture in the country to prevent acts of torture in places of where persons are deprived of their liberty, and the need for solidarity and cooperation from all stakeholders in the fight against torture to finally put an end to the use of this abhorrent act.

This year’s BRAT! enjoined government agencies and members of the government security sector tasked in the implementation and the promotion of the Anti-Torture Law into a symbolic commitment setting led by torture victim survivors from different presidential eras to foster cooperation and solidarity in ensuring that the Philippines and the world see an end to the use of torture.

———

The United Against Torture Coalition Philippines (UATC) is a coalition of more than 30 human rights, women’s rights, children rights, political and grassroots organizations working towards ending the use of torture in the Philippines. The Steering Committee Members of the UATC are Amnesty International Philippines (AIPH), Balay Rehabilitation Center (BALAY), Families of Victims of Involuntary Disappearances (FIND), Medical Action Group (MAG), Philippine Alliance of Human Rights Advocates (PAHRA) and Task Force Detainees of the Philippines (TFDP).

– See more at: http://www.amnesty.org.ph/news/brat-ix-krimen-ang-torture/#sthash.0O5jhVWt.dpuf

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.

[Press Release] Make Philippines Torture Free Zone! -UATC

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Make Philippines Torture Free Zone!

BRAT VII Photo by MAG

BRAT VII Photo by MAG

uatc logo

On its seventh year, as it marks the June 26 International Day in Support of Victims of Torture, members of the United Against Torture Coalition (UATC)-Philippines and various anti-torture advocates runs in the “Basta! Run Against Torture 7” (BRAT VII) to call on the government to make the Philippines a Torture Free Zone.

To make the Philippines a torture free zone, the UATC said “among others we need to ensure that all authorities including jail staff are fully aware of the Anti-Torture Law that reported violations will not be tolerated and will be investigated, and that perpetrators will be prosecuted.”

“While we laud the government on the enactment of the Anti-Torture Law (Republic Act No. 9745) in November 2009, but it has so far been implemented without diligence and effectiveness since many torture allegations have not been effectively investigated by authorities and detainees who are in custody do not have immediate access to legal and medical services,” Ernesto Anasarias, Executive Director of Balay Rehabilitation Center and UATC spokesperson said.

While noting that many agencies have a mandate to investigate complaints of torture and ill-treatment, the UATC is concerned at the high number of complaints of torture and ill-treatment by law enforcement officials, the limited number of investigations carried out by the government in such cases, and the very limited number of convictions in those cases which are investigated.

The group reiterates its concerns on the increasing complaints in relation to the implementation of the Anti-Torture Law which has revealed various different deficiencies from documentation, investigation to prosecution of torture cases, which embolden perpetrators in doing acts of torture.

“The authorities’ partiality not to comply with the Anti-Torture Law runs in the ‘institutional impunity’ we have right now. Take the recent case where Manila Mayor Alfredo Lim including a senior police officer, interrogated a rape suspect in full view of the public, as Mayor Lim extracted a confession and forced the suspect to admit he had raped a woman, clearly violated the Anti-Torture Law,” Max de Mesa, Chairperson of the Philippine Alliance of Human Rights Advocates (PAHRA) claimed.

The group underscored the necessity that for the government to make the Philippines a torture free zone, it should publicly announce a clear policy of “total elimination” of all acts of torture.

The UATC-Philippines is led by Amnesty International-Philippines, Balay Rehabilitation Center, Medical Action Group (MAG) and Task Force Detainees of the Philippines (TFDP). Other human rights groups also joined the run like PAHRA and Organisation Mondiale Contra la Torture (OMCT) or World Organization Against Torture.-end

[Press Release] Human rights groups urges Aquino “Tuldukan na ang tortyur’! Announce policy of total elimination of torture -UATC

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Human rights groups urges Aquino “Tuldukan na ang tortyur’! Announce policy of total elimination of torture. Photo by TFDP

Human rights groups urges Aquino “Tuldukan na ang tortyur’! Announce policy of total elimination of torture

As the country marks the 26th anniversary of the 1986 EDSA “People Power”, several human rights groups called on the Aquino administration to take all necessary measures to announce a policy of “total elimination” of the vestiges of Martial Law.

While the Anti-Torture Act or Republic Act (RA) No. 9745 is enacted to criminalize the acts of torture, the United Against Torture Coalition (UATC)-Philippines, made the call noting there are reports cases of torture being routinely practiced by authorities against suspects despite the law criminalizing such act.

In its statement, Ernesto A. Anasarias, Executive Director of Balay Rehabilitation Center and currently the head of UATC Secretariat, said “the authorities’ partiality not to comply with the law runs in the ‘institutional impunity’ we have right now.”

“The persistence of torture casts doubts on the effectiveness of the law. Despite the law, in practice, there are insufficient legal safeguards for arrested suspects and detainees, including among others, failure to bring them promptly before a judicial authority, restricted access to lawyers and medical doctors, and failure to contact family member immediately after their arrest,” Anasarias added.

Edeliza P. Hernandez of the Medical Action Group (MAG) likewise claimed the government seems to be dragging their heels on the investigation of torture cases. No member of the police and military has been arrested for alleged torture case since Aquino took office, and no superiors have been put on trial for their suspected involvement in or acquiescence to the alleged acts of torture.

“We cite as an example the case of Lenin Salas and his four companions in Pampanga against Police Supt. Madzgani Mukaram for violation of the Anti-Torture Act. The victims were tortured which was medically documented and verified. But last July 21, 2011, the prosecutor disregarded the evidences in favor of the accused and the case was dismissed for insufficiency of evidence,” Hernandez said.

The group reiterates its concerns over the increasing number of cases which expose the weak implementation of “command responsibility” as stipulated in the Anti-Torture Act and the Law on the International Humanitarian Law, which embolden perpetrators in doing acts of torture. This situation breeds and perpetuates impunity.

Max M. de Mesa of the Philippine Alliance of Human Rights Advocates (PAHRA) said “the many perpetrators of unresolved cases of torture have become obstacles to the announced “paradigm shift” in Aquino’s administration that it would adhere to the primacy of human rights.”

“Particularly those experienced by Abdul Khan Balanting while in custody of the Army’s 39th Scout Ranger Company in Sumisip, Basilan and that of Lenin Salas and companions in the hands of security forces headed by PSupt. Mukaram expose the collution between the responsible command and the rank and file to acquiesce or cover up the violation and/or crime. This is tantamount to superior or command conspiracy,” de Mesa added.

On the medical documentation findings, Ajid was heavily tortured. He suffered first and second-degree burns in different parts of his body, including the head, face, private parts, abdomen, lower back and buttocks, among others.

“Hangad namin ang katarungan sa pag-tortyur kay Lenin at sa kasamahan niya,” said a Salas family member. “Hindi kami magpapatakot.” (We will seek justice for the torture of Lenin and his companions. We will not be intimidated.”)

The group underscored the necessity that for the government to effectively address the issue of torture, it should publicly announce a clear policy of “total elimination” of all acts of torture, and by fully implementing the laws and international human rights instruments against all human rights violations.

The UATC-Philippines is a coalition of human rights non-government organizations and civil society organizations working together in defending human rights and campaigning against the use of torture in the country.

[Announcement] Senate approves on its second reading the Philippine accession to OPCAT

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The senate today (February 8, 2012) approved on its second reading the Philippine accession to OPCAT. The process took only a few minutes as there was no objection or any further comment from the senators at all. The Secretary of the Committee on Foreign Relations said that the final reading is set to take place on Tuesday, February 14. We need at least 16 senators (2/3 of the entire senate) to finally approve the accession. We are almost there.

Members of UATC and PAHRA joined the delegation. Representatives from PAHRA, Balay, MAG, TFDP, FIND, AFAD were there. A representative from the ICRC was also there as another resolution pertaining to the Geneva Conventions was also approved by the senate.

We thank everyone who have been part of our advocacy efforts since we started with the OPCAT ratification campaign several years ago with the support of RCT and APT, and other partners like the IRCT, among others. We are almost there in our campaign. We’ll send another delegation to the senate next week. Let’s hope for the best.

Best regards,
UATC

[Isyung HR] Torture me not!

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By Mokong and the gang

MOKONG: What is so good about the day? Well, three months na po ang HRonlinePH at sumakto naman last June 23 ay nag-No. 2 po tayo sa TopBlogsPh sa kategorya ng Politics and Governance. Yippeee! At ‘yan po ay dahil sa mga kaibigan nating patuloy na nagpapadala ng kani-kanilang mga advocacy, issues and etc. that readers find informative and useful. Wooowoot!

MOKANG: Serious ka te?

MOKONG: What is so good about the day? Isa pa, ngayong June 26 ay inaalala ng mga nakakaalam (hehehe) sa buong mundo ang International Day in Support of Victims of Torture.

MOKANG: Kaya nga may BRAT. At in fairness, ika-limang BRAT na. Kala ko nga mag-ooblation run tayo against torture, ready pa naman akong ipakita ang nakaka-torture kong katawan (physical torture– hahahaha!). At kahit bumabagyo, hindi natinag ang mga runners from CSOs, CHR, AFP at PNP. Basta! Rain Against Torture.

MOKONG: What is so good about the day? It’s Sunday, pahinga at sa kabila ng Bagyo ay masarap uminom ng mainit na kape at mambuska. Hahaha.

MOKANG: Paulit-ulit unli ka te?

MOKONG: Ikaw nga ang unli e… gas-gas na ‘yang pinagsasabi mo.

MOKANG: Buskahin kaya natin ang mga nagdaang mga activities… hehehe.

MOKONG: Pwede…
Nitong nakaraang mga araw bago ang June 26 International Day in Support of Victims of Torture, ilang mga activities ang isinagawa ng mga members ng United Against Torture Coalition to commemorate ang araw para sa mga torture victims ng buong week. Hehehe Araw pero Buong Week.

Even 1: NOTHING CAN JUSTIFY TORTURE UNDER ANY CIRCUMSTANCES (Pag OVER any circumstances pwede?)
Pinamunuan ng PAHRA at OMCT
Dinaluhan ng mga Government agencies, Diplomatic community at CSOs
Naganap nitong ika-22 ng Hunyo sa Imperial Palace

Photo extracted from PAHRA FB.

Philippine commitment… Talaga lang a!

May isang nagkomento na bakit daw sa Imperial Palace ginawa, e matindi daw ang hotel na ito sa violations ng rights ng kanilang mga workers.

Photo extracted from PAHRA FB

Security sectors’ “Paradigm shift.” Is it an acknowledgement that they used torture before?

Photo extracted from PAHRA FB.

CSOs in a workshop.  Spot ang tulog. Hoy gising!

Photo extracted from PAHRA FB

Piktyur-piktyur. OK tapos na… ang mga kamag-anak naman ng bride.

Photo extracted from PAHRA FB

Ok next… ang mga kamag-anak naman ng groom. O magready na ang mga friends ng Bride next na kayo.

Teka-teka! Bakit isa lang ang nakatingin sa kamera? 🙂

Event 2: BRAT V – Basta! Rain Against Torture este Basta! Run Against Torture V
Pinangunahan ng UATC, CHR, AFP at PNP. (Kung silang lahat ang nanguna sino pang sumunod?)
Tumakbo mula sa DILG sa gitna ng bagyo papuntang CHR (Para magsumbong. Joke 🙂 ).

Photo extracted from MAG FB

Hoy oo ikaw! Ikaw na walang malay. Ikaw nga ang walang solidarity against torture. Ikaw na nakapayong, wala kang pakisama ayaw mong mabasa. 🙂

Photo extracted from MAG FB

Parang napilitan lang a. Hehehe! Ikaw ba naman ang mababad sa ulan. Obey first before you complain. Hahaha! 🙂

Extracted from MAG FB

Bakit parang ang ibig sabihin nito ay hindi libre ang mangtortyur? Ano pwede basta may bayad? Hahaha! 🙂

Photo extracted from MAG FB

Contingent ng Philippine Air-Force. Latest addition sa participants ng BRAT. Woowoot!

Nang tanungin bakit ngayon lang sumama, ang sagot nila kasi dapat daw ay Basta! Lipad Against Torture ang title ng event (‘wag na pong i-accronym baka bastos ang dating 🙂 ).

Extracted from MAG FB

Contingent from Philippine Navy. Latest addition din sa participants ng BRAT. Yahooo yahooo!

Nang tanungin din kung bakit ngayon lang sila sumama. Sabi nila ay inaabangan daw kasi nila ang BASTA! Langoy Against Torture. Hahahaha! 🙂

Extracted from MAG FB

“Im a Soldier and a Human Rights advocate.” YES! Approve kami sa ‘yo kuya. Sana lang ganyan din lahat ng sundalo and hindi lang sa T-shirt a, pati sa gawa. Soldiers! Respect and Protect Human Rights!

Extracted from MAG FB

Truth behind sa Pinakamagandang shot na ito,

a. Professional ang photographer

b. Artistic ang may hawak ng kamera

c. Autistic ang may hawak ng kamera

d. Nadulas lang ang may hawak ng kamera

e. none of the above. ako lang kasi ang nagandahan sa kuhang ito.

Extracted from MAH FB

Piktyur-piktyur! Para talagang ibig sabihin ay hindi libre ang mangtortyur, na pag may bayad pwede.

Mokang: Paulit-ulit. Unli ka te?

A pag nagtortyur ka kelangan mo magbayad… sa kulungan.

Mokang: Slow ka te?

Extracted from MAG FB

Piktyur-piktyur! Ano ba? seryoso muna mamaya na ang wacky.

Hanggang dito na lang muna. Hanggang sa sunod na Linggo, ito po ang inyong Mokong at Mokang na lingkod na nagsasabing “All MOkongs and MOkangs of the world unite. We hav nothing to looose coz we hav nothing at all.”

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[Event] Basta! Run Against Torture! (V) – UATC

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Friday,  June 24, 2011

ASSEMBLY: 700 – 730 AM in front of the Department of Interior and Local Government Building (Mapagmahal St. corner EDSA)
Route: EDSA (in front of DILG) – East Ave. – QC Elliptical Road –PhilCOA – Commonwealth – Commission on Human Rights
700 runners from the United Against Torture Coalition (UATC),
Commission on Human Rights (CHR) ,Presidential Human Rights Committee,
Department of Interior and Local Government (DILG), Department of Justice (DOJ),
Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP)

For more information, please contact Mei Orias of Amnesty International Philippines through the following contact numbers: mobile – 09996282066 / landline – 4338100 / email – meiorias@amnesty.org.ph

[Event] Basta! Run Against Torture (BRAT V) – United Against Torture Coalition

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It once again the time of the year to make ourselves loudly heard in support of torture survivors and their families, publicly denouncing the use of torture and to demand that concrete steps be taken by government to put polices against torture in place and establish a culture of prevention in the Philippines.

Our overarching message for the June 26 UN International Day in Support of Victims of Torture 2011 is Freedom from Torture, not Free to Torture!

Our core messages are:

1. Torture continues to be routinely practiced in the Philippines in spite of the enactment of the Anti-Torture Act of 2009 and the serious claims of the policing sector and state security establishments to be officially against its use.
2. There is a disjoint between policy and practice in the policing and state security sectors.
3. The flawed Philippine criminal justice system continues to buttress a culture of impunity by shielding perpetrators from accountability and to frustrate victims and their families from accessing justice and restitution.

BASTA Run Against Torture 5 (BRAT V)

We will be holding our flagship activity, the BASTA Run Against Torture for the fifth time. In behalf of the UATC Steering Committee, we would like to invite all UATC members to this public event during which we will join hands with other groups and government institutions to call for the promotion, protection and the fulfillment of the right not to be tortured. Parallel BRAT V’s will be held in other parts of the Philippines such as the Central Luzon BRAT V organized by the Kilusan Para sa Pambansang Demokrasya (KPD).

The UATC Steering Committee is also encouraging more parallel BRAT V’s to be organized and held elsewhere by UATC member organizations or groups in solidarity with the freedom from torture cause. Should any organization be interested to spearhead another BRAT to be held simultaneously with the others, the UATC Steering Committee will be most obliging to assist.

Please find attached the UATC’s Public Statement for the June 26 UN International Day in Support of Victims of Torture. For all those who will join our coaltion’s flagship event, we would appreciate an advanced confirmation so that we can plan ahead more efficiently.
You will find below the relevant information regarding the BRAT V in Quezon City. Should you have any questions regarding the event, please do not hesitate to contact Budit Carlos of BALAY Rehabilitation Center, the UATC’s current secretariat, at 426-3825, 921-6301 or 0920-8654033.

Objectives

BRAT V intends to unify the call of various stakeholders from civil society and government for decision makers to take concrete and effective steps to address the routine use of torture not just through the implementation of the Anti-Torture Act of 2009 but also through complementary structural changes such as ensuring that the policy and practice of the police and security sector correspond and that the criminal justice system becomes facilitative to torture survivors seeking justice. The objectives of the run will be:

1.     1.  To urge the government to effectively implement the Anti-Torture Act of 2009 in the Philippines
2.         2. To urge key persons and agencies to take concrete and effective steps in order to see that the Routine use of torture in the Philippines is discontinued       by addressing the disjoint between policy and practice in policing and state security sectors.

To direct government’s attention to the flawed criminal justice system that deters victims from accessing reparation and shields perpetrators from accountability.
To urge the Senate to promptly ratify the Optional Protocol to the Convention Against Torture

Messages

Over-Arching Theme:

Freedom from Torture, not Free to Torture!

Key Messages

Policies must connect with practices on the ground. Justice and restitution must be accessible to those who were forced to endure the horrific experience of torture. The use of torture must cease to be commonplace. Freedom from torture, not free to torture!

Activity Design

Organizers
United Against Torture Coalition (spearheaded by AIPh, Balay, TFDP, MAG (First Aid), PAHRA, FIND) in collaboration with the Kilusan para sa Pambansang Demokrasya (KPD)

Other supporting organizations
Department of the Interior and Local Government
Department of Justice
Philippine National Police Human Rights Affairs Office
Armed Forces of the Philippines Human Rights Office
Commission of Human Rights

Conduct
·         All participants will assemble at the front of the Department of the Interior and Local Government on the 24th of June at around 630 am – 700 am
·         The run will start at 700 am sharp
o    Most  runners will be wearing activity shirts to be provided by the organizers (shirt designs finalized and will be picked up by printer June 18)
o    All organizations joining the run will only be allowed to carry 1 flag each
o    Positioning
§  Pre-Frontline – BALAY Vehicle with AIPh sound system for announcements and music
§  Front line – leaders (CSO, DILG, DOJ, CHR, PNP, AFP) carrying the activity tarp
§  2nd liners – organizational flag bearers (colors)
§  1st Block – UATC
§  2nd Block – DILG
§  3rd Block- DOJ
§  4th Block – CHR
§  5th  Block – PNP
§  6th Block- AFP
·         1st line – runners carrying ‘STOP TORTURE’ tarps
·         2nd line – runners carrying PNP, AFP, DILG, DOJ, CHRP tarps
·         3 line onwards – runners

·         Route (left side of the road)): DILG front – northbound EDSA – East Avenue– front of Quezon City Hall – Elliptical Road-Philcoa, Commonwealth-Commission on Human Rights grounds (final destination).

·         Short program
o    Program
§  Welcoming:

§  Messages:
·         CHR Representative
·         DILG Representative
·         DOJ representative
·         AFP representative
·         PNP Representative
·         CSO leaders

Brief soft launching of freedom from torture materials and short cultural performance

·         Closing will be done by the Emcee

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