Impunity

 

Torture or ill-treatment by law enforcement bodies has been reported in more than 140 countries since 1997. Law enforcement agencies are responsible for upholding the law and protecting the rights of all members of society. However, they are by far the most common state agents of torture. Many of the victims come into contact with the law because they are suspected of committing a crime; others are members of groups targeted by prejudiced security forces. Often those most at risk of abuse are members of racial or ethnic minorities. In most countries, the number of prosecution for these brutalities represent only a tiny fraction of the complaints made; convictions are rarer still.

In the Philippines, despite of the safeguards in the constitution, the practice of torture and ill-treatment are still continued. Despite of the safeguards against violence and unnecessary force, authorities still use such techniques to assert authority, instill fear, inflict immediate punishment, disorient and coerce. The air of impunity for torturers in endemic: evidences are covered up, victims are denied access to remedies, investigations are ineffective, complicity of fellow officers are rampant, the legal framework for punishing torture is inadequte, judicial rulings are flouted, impunity is sometimes enshrined in law and there are no sure mechanisms to ensure accountability.

No law enforcement official may inflict, instigate, or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment.

Article 5, UN Code of Conduct for Law Enforcement Officials

No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment.

Principle 6, UN Body of Principles for the Protection of All
Persons Under Any form of Detention or Imprisonment