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This document provides an overview and summary of Republic Act 9745, which penalizes torture and other cruel acts. It discusses the perspectives of civilians, the AFP mandate, definitions of torture, policies against torture, the elements of torture crimes, and the different types of physical and mental torture. It also outlines when a person can be criminally liable as a principal or accessory in torture cases. The concluding slide emphasizes that observing this law is a collective endeavor for all airmen that strengthens respect for human rights, in line with the PAF Flight Plan for greater peace and security.
This document provides an overview and summary of Republic Act 9745, which penalizes torture and other cruel acts. It discusses the perspectives of civilians, the AFP mandate, definitions of torture, policies against torture, the elements of torture crimes, and the different types of physical and mental torture. It also outlines when a person can be criminally liable as a principal or accessory in torture cases. The concluding slide emphasizes that observing this law is a collective endeavor for all airmen that strengthens respect for human rights, in line with the PAF Flight Plan for greater peace and security.
This document provides an overview and summary of Republic Act 9745, which penalizes torture and other cruel acts. It discusses the perspectives of civilians, the AFP mandate, definitions of torture, policies against torture, the elements of torture crimes, and the different types of physical and mental torture. It also outlines when a person can be criminally liable as a principal or accessory in torture cases. The concluding slide emphasizes that observing this law is a collective endeavor for all airmen that strengthens respect for human rights, in line with the PAF Flight Plan for greater peace and security.
SALIENT FEATURES OF RA NR 9745 (An act Penalizing Torture and Other Cruel, SCOPE OF PRESENTATION
What is the Perspective of Civilian
AFP Mandate What is Torture Policies of the State with regards to Torture Elements of the Crime of Torture What is Physical Torture What is Mental/Psychological Torture When is a person criminally liable as principal When is a person criminally liable as accessory As in all other Philippine human rights- related laws, we still have to wait and see how serious, sincere, and honest the military and police sectors of the Philippine society would enforce and respect the letter and spirit of the law. As we all know, the military and police officers and personnel are the number one human rights violators in the Philippines, abetted and funded by What is the national and local war, drug, and crime perspective of lords and by regional and local political dynasties. Civilian -ATTY MANUEL J. LASERNA JR Law professor of FEU, Manila, AFP Mandate As the protectorate of the people and the state, we need to sustain the trust of the society in the pursuit of peace. We must always be guided by our adherence to the rule of law, respect for human rights and strict observance of rules of engagement. WHAT IS TORTURE? A grave human rights violation Is impractical and declared unacceptable by international law and domestic laws of other countries POLICIES OF THE STATE WITH REGARDS TO TORTURE To ensure that the human rights of all persons including suspects, prisoners and detainees are respected at all times. To ensure that secret detention place, solitary confinement, incommunicado, or other similar forms of detention are prohibited Adhere to the principles and standards on the absolute condemnation and prohibition of torture. ELEMENTS OF THE CRIME OF TORTURE act by which severe pain or suffering whether physical or mental is intentionally inflicted on a person for purposes (obtaining information, or intimidating another person) WHAT IS PHYSICAL TORTURE? -is a form of treatment that causes severe pain, exhaustion, disability or dysfunction It shall include, but not limited to the following: a. Systematic beating, punching, kicking, striking; b. Food deprivation/ Forcible feeding not normally eaten; c. Electric shock, cigarette burning, burning by heated items d. Submersion of head in water; e. Being tied or forced to stressful bodily position; f. Rape/Sexual abuse/insertion of foreign objects into the sex organ or rectum/ Electrocution of genitals g. Mutilation or amputation of the essential parts of the body; h. Dental Torture or forced extraction of teeth; i. Pulling of fingernails; j. Use of plastic bag placed over the head- asphyxiation k. Use of psychoactive drugs to change the perception or will of the person; and l. Other analogous acts of torture WHAT IS MENTAL/ PSYCHOLOGIC AL TORTURE? Refers to acts that affect or confuse the mind and/or undermine a person’s dignity. It shall include, but not limited to the following: a. Blindfolding; b. Threat with body harm, execution or wrongful acts; c. Confinement in solitary cells/secret detention places d. Prolonged interrogation; e. “Show trial” public display as detainee/humilation; f. Unscheduled transfer creating belief of summary execution; i. Denial of sleep/rest j. Shame infliction such as stripping naked; k. Deliberate prohibition to communicate with family; and l. Other analogous acts of mental/psychological torture. WHEN IS A PERSON CRIMINALLY LIABLE AS PRINCIPAL? - Any person who actually participated or induced another, or who cooperated in the execution. - Any superior military official who issued an order to any lower ranking personnel to commit torture - The immediate Commanding Officer for any act of omission or negligence that led for his /her subordinates to commit torture - The immediate Commanding Officer for “neglect of duty” under the doctrine of “command responsibility” if he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel and despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission WHEN IS A PERSON CRIMINALLY LIABLE AS ACCESSORY? Any public officer or employee shall be liable as an accessory if she/he has knowledge of torture and without having participated therein takes part subsequent in any of the following manner. -Profiting from or assisting the offender to profit from the effects of torture. - By concealing the act of torture - By harbouring, concealing or assisting in the escape of the principal. Command Guidance
RA 9745 is a collective endeavour requiring the observance
and adherence of every Airman to the fullest. The firm resolve towards strengthening respect, understanding and value for human rights in line with the implementation of the PAF Flight Plan 2028 is a clear manifestation of the Commands shared responsibility in line with commands framework Jointly Engaged Transforming Force for Greater END OF PRESENTATION THANK YOU AND GOOD DAY!