LAW MOTHER LAWS DEFINITION SIMILAR PROVISIONS

REPUBLIC ACT
N0. 9745
1987 Constitution Torture
AN ACT
PENALIIN!
TORTURE AND
OTHER CRUEL"
INHUMAN AND
DE!RADIN!
TREATMENT OR
PUNISHMENT
AND
PRESCRIBIN!
PENALTIES
THEREFOR #A$t%&
Torture A't o(
)009*
International
Covenant on Civil
and Political Rights
(ICCPR);
Convention on the
Rights of the Child
(CRC); Convention
on the Elimination of
All orms of
!iscrimination
Against "omen
(CE!A ") and the
Convention Against
#orture and $ther
Cruel% Inhuman or
!egrading
#reatment or
Punishment (CA#)
refers to an act &' (hich severe )ain
or suffering% (hether )h'sical or
mental% is intentionall' inflicted on a
)erson for such )ur)oses as
o&taining from him*her or a third
)erson information or a confession;
)unishing him*her for an act he*she
or a third )erson has committed or is
sus)ected of having committed; or
intimidating or coercing him*her or a
third )erson; or for an' reason
&ased on discrimination of an' +ind%
(hen such )ain or suffering is
inflicted &' or at the instigation of or
(ith the consent or ac,uiescence of
a )erson in authorit' or agent of a
)erson in authorit'- It does not
include )ain or .uffering arising onl'
from% inherent in or incidental to
la(ful sanctions
/ection 0- A state of (ar
or a threat of (ar%
internal )olitical
insta&ilit'% or an' other
)u&lic emergenc'% or a
document or an'
determination
com)rising an 1order of
&attle1 shall not and can
never &e invo+ed as a
2ustification for torture
and other cruel% inhuman
and degrading treatment
or )unishment
/EC- 3- 4$rder of .attle5
or An' $rder of /imilar
6ature% 6ot 7egal
8round% for Enforced or
Involuntar'
!isa))earance
Se't%o$ +0. Disposition of
Writs of Habeas Corpus,
Amparo and Habeas Data
Proceedings and
Compliance with a Judicial
0rder. 9 A (rit of ha&eas
cor)us or (rit of am)aro or
(rit of ha&eas data
)roceeding% if an'% filed on
&ehalf of the victim of
torture or other cruel%
degrading and inhuman
treatment or )unishment
shall &e dis)osed of
e:)editiousl' and an' order
of release &' virtue thereof%
or other a))ro)riate order
of a court relative thereto%
shall &e e:ecuted or
com)lied (ith immediatel'
Se't%o$
+,. Eclusion from
the Co!erage of
"pecial Amnest#
$aw. 9 In order not
to de)reciate the
crime of torture%
)ersons (ho have
committed an' act
of torture shall not
&enefit from an'
s)ecial amnest'
la( or similar
measures that (ill
have the effect of
e:em)ting them
from an' criminal
)roceedings and
sanctions-
Se't%o$ 7. Prohibited
Detention. 9 /ecret
detention )laces% solitar'
confinement%
incommunicado or other
similar forms of
detention% (here torture
ma' &e carried out (ith
im)unit'- Are here&'
)rohi&ited
%efoule
r
REPUBLIC ACT
NO. +0-5-
1987 Constitution E$(or'e. or %$/o0u$t1r2
.%3144e1r1$'e

AN ACT DEFININ!
AND PENALIIN!
ENFORCED OR
INVOLUNTAR5
DISAPPEARANCE
(4Anti9Enforced or
Involuntar'
!isa))earance Act
of ;<1;)
International
Covenant on Civil
and Political Rights
(ICCPR)% and the
Convention Against
#orture and $ther
Cruel% Inhuman or
!egrading
#reatment or
Punishment (CA#)
refers to the arrest% detention%
a&duction or an' other form of
de)rivation of li&ert' committed &'
agents of the /tate or &' )ersons or
grou)s of )ersons acting (ith the
authori=ation% su))ort or
ac,uiescence of the /tate% follo(ed
&' a refusal to ac+no(ledge the
de)rivation of li&ert' or &'
concealment of the fate or
(herea&outs of the disa))eared
)erson% (hich )laces such )erson
outside the )rotection of the la(
/EC- >- &onderogabilit#
of the %ight Against
Enforced or 'n!oluntar#
Disappearance. ?#he
right against enforced or
involuntar'
disa))earance and the
fundamental safeguards
for its )revention shall
not &e sus)ended under
an' circumstance
including )olitical
insta&ilit'% threat of (ar%
state of (ar or other
)u&lic emergencies-
/EC- 1;- 'mmediate
'ssuance and Compliance
of the Writs of Habeas
Corpus, Amparo and
Habeas Data. ( All
)roceedings )ertaining to
the issuance of the (rits
of habeas corpus,
amparo and habeas
data shall &e dis)ensed
(ith e:)editiousl'- As such%
all courts and other
concerned agencies of
government shall give
)riorit' to such )roceedings
/EC- ;@- /)ecial
Amnest' 7a(
E:clusion- ?
Persons (ho are
changed (ith
and*or guilt' of the
act of enforced or
involuntar'
disa))earance
shall not &enefit
from an' s)ecial
amnest' la( or
other similar
e:ecutive
measures that
shall e:em)t them
from an' )enal
)roceedings or
sanctions
Se't%o$ ++. "ubmission
of $ist of )o!ernment
Detention *acilities. ?
"ithin si: (0) months
from the effectivit' of this
Act and as ma' &e
re,uested &' the CAR
thereafter% all
government agencies
concerned shall su&mit
an u)dated inventor' or
list of all officiall'
recogni=ed and
controlled detention or
confinement facilities%
and the list of detainees
or )ersons de)rived of
li&ert' under their
res)ective 2urisdictions
to the CAR-
%efoule
r
Pre)ared &'B Carolina 8- 7im Com)arison .et(een RA 97>3 and RA 1<@3@ Auman Rights 9
/ummer ;<1>
Pre)ared &'B Carolina 8- 7im Com)arison .et(een RA 97>3 and RA 1<@3@ Auman Rights 9
/ummer ;<1>