Anti-Torture Act of 2009

Flashcards about RA 9745

An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and Prescribing Penalties Therefor

What is RA 9745 also known as?

To value the dignity and guarantee full respect for human rights.

According to the Anti-Torture Act of 2009, what is one of the State Policies?

Severe pain or suffering, whether physical or mental, intentionally inflicted on a person to obtain information, confession, punishment, intimidation, or coercion.

What is the definition of Torture according to RA 9745?

A person in authority or agent of a person in authority.

According to RA 9745, torture is inflicted by whom?

Any person subjected to torture or other cruel, inhuman and degrading treatment or punishment.

Who qualifies as a victim of torture under RA 9745?

The right to an impartial investigation.

What is one of the rights of a torture victim according to RA 9745?

60 working days

According to RA 9745, what is the maximum period to complete a torture investigation?

Acts of Physical Torture causing severe pain or disability committed by a person in authority.

What constitutes an act of Physical Torture?

Acts of Mental/Psychological Torture calculated to affect or confuse the mind and/or undermine a person's dignity and morale.

What constitutes Mental/Psychological Torture

Deliberate and aggravated treatment or punishment that cause suffering, gross humiliation or debasement.

What constitutes Other Cruel, Inhumane and Degrading Treatment or Punishment?

Systematic beating

Give an example of physical torture.

Harmful exposure to the elements

Give another example of physical torture.

Blindfolding

Give an example of Mental/Psychological Torture

Denial of sleep/rest

Give another example of Mental/Psychological Torture

The duration, physical and mental effects of the offence, sex, religion, age and state of health of the victim

What are the factors used to assess the level of severity?

A state of war or a threat of war

According to RA 9745, what can never be invoked as a justification for torture?

Solitary confinement

What is covered under secret detention?

Persons who have committed any act of torture shall not benefit from any special amnesty law.

According to RA 9745, may the crime of torture be subject to amnesty?

Any person who participated or induced another in the commission of torture.

Who is criminally liable under RA 9745?

CHR and PAO

According to RA 9745, who shall render legal assistance for a person who suffers torture?

Victim or interested party

Who may file a complaint for punishable acts?

Separation and independent crime

Is RA 9745 a separate and independent crime?

Torture refers to the intentional infliction of severe physical or mental pain or suffering on a person to extract information or confessions, punish, intimidate, coerce, or discriminate.

Define Torture

The maltreatment relates to the correction or handling of the prisoners.

In maltreatment of prisoners, what does it relate to?

Person in authority or agent of a person in authority, including law enforcement and military personnel.

Who is the offender in Anti-Torture law?

Any public officer or employee.

Who is the offender in maltreatment of prisoners?

No person shall be expelled, returned or extradited to another State where there are substantial grounds to believe that such person shall be in danger of being subjected to torture.

What is Refouler rule?

Any confession, admission or statement obtained as a result of torture shall be inadmissible in evidence in any proceedings.

What is the Excluionary rule?

Torture resulting in the death of any person

Give an example of Reclusion Perpetua

Acts constituting cruel, inhuman or degrading treatment or punishment as defined in Section 5 of this Act.

Give an example of Arresto Mayor