Two Methods of Addressing Torture

 

The struggle against torture has since the 1970’s developed in two opposite directions. The first approach is based on combating impunity by prosecuting perpetrators of torture. The philosophy is that through legal proceedings one can break the vicious cycle of impunity, which would in itself have a preventive effect. A proponent of this Philosophy is the UN Convention against Torture (UNCAT). The second approach is based on independent visits to places of detention. The philosophy is that torture is best prevented by establishing a relationship of trust with the relevant authorities. The Optional Protocol to the UNCAT is based on the latter philosophy.

 

Fighting Torture
12 Point Program on the Prevention of Torture

1. Condemn Torture

The highest authorities of the Philippine government should demonstarte their total opposition to torture.

2. Ensure access to prisoners

The practice of incommunicado detention should be ended.

3. No secret detention

The Philippine government should ensure that prisoners are held only in officially recognized places of detention.

4. Provide safeguards during detention and interrogation

All prisoners should be immediately informed of their rights.

5. Prohibit torture in law

The Philippine government should adopt laws for the prohibition and prevention of torture.

6. Investigate

All complainants and reports of torture should be promptly, impartially and effectively investigated by a body independent of the alleged perpetrators and the methods and findings of such investigations made public.

7. Prosecute

Those responsible for torture must be brought to justice.

8. No use of statements extracted under torture

The Philippine government should ensure that statements and other evidence obtained through torture may not be invoked in ant proceedings, except against a person accused of torture.

9. Provide effective training

It should be made clear during the training of all officials involved in the custody, interrogation or medical care of prisoners that torture is a criminal act.

10. Provide reparation

Victims of torture and their dependants should be entitled to obtain prompt reparation from the state.

11. Ratify international treaties

The Philippine government should ratify without reservations international treaties containing safeguards against torture.

12. Exercise international responsibility

Use all available channels to intercede with the governments of countries where torture is reported.