Miriam pushes for anti-torture act

Sen. Miriam Defensor Santiago pushed yesterday for the passage of her bill which seeks punishment for torture.

Santiago said Senate Bill No. 2095 also aims to "fulfill what our country had promised when we ratified several international treaties and conventions against torture."

Santiago, who joined President Arroyo on her recent European official visit, said she is pushing for the bill which proposes to penalize all forms of torture; to provide protection to complainants and witnesses; to provide special protection for children; and establish a rehabilitation program through the social welfare, justice and health departments.

Santiago noted that while the Revised Penal Code provides safeguards, no law covers torture and involuntary disappearances.

She said her proposal stemmed from the spate of extra-judicial killings of left-leaning activists and journalists, the rising number of arbitrary arrests, disappearances and illegal detentions allegedly committed by the military against persons critical of the government.

"Freedom from torture is a human right. Human rights are inalienable, they are our birthright," Santiago said.

She recalled recent reported claims of torture by five members of the pro-Estrada Union of the Masses for Democracy and Justice who were allegedly picked up last month by military intelligence officers at a house in Kamuning, Quezon City. The military initially denied involvement in the incident but later admitted that it had the five in custody.

"The prohibition of torture is expressly enshrined in the Constitution and in the international treaties and conventions that we signed as signatories and parties. And yet, we are still being found wanting in terms of providing legislative, administrative and judicial measures to put an end to (torture)," Santiago said.

Under Santiago’s proposal, torture is committed when an act of severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession; or when he is being punished for an act he or a third person has committed or is suspected of having committed; or he is being intimidated or coerced; or, for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or within the consent or acquiescence of a public official or other person acting in an official capacity.

"The time of talking should be over. Congress owes it to the electorate to buckle down to work now and urgently pass this proposal," said Santiago, who also authored Senate Bill No. 1622 (Comprehensive Torture Victims Relief Act of 2006) that seeks to provide torture victims with medical rehabilitation, support and legal services.