EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES,

Introduced by Representative Rufus B. Rodriguez

2801

House Bill No.

EXPLANATORY NOTE

Within one year from ratification of the Optional Protocol to the Convention against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment,’ the Philippines is
obligated to establish a national preventive mechanism.” It is one, or several visiting bodies,
‘set up, designated or maintained, at the domestic level, for the prevention of torture and
other cruel, inhuman or degrading treatment or punishment.* This proposed measure, that
establishes the NPM, aims at compliance by the Philippines of its duty, as a State Party to

the OPCAT.
Lye
ia Ropiicuez
' Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or

Punishment, opened for signature 4 February 2003, 2375 UNTS 237, entered into force 22 June 2006 (OPCAT),
art 17. Upon ratification, a State Party may make a declaration postponing its obligation to do so (OPCAT. art
24), Bur the Philippines hs not made such a declaration,

* NPM.

‘ OPCAT, art 3. Mechanisms established by a decentralized unit may be designated as NPMs for the purposes of
the OPCAT. if they are in conformity with its provisions (OPCAT, att 17)



EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES,

introduced by Representative Rufus B. Rodriguez

01

House Bill No.

AN ACT
ESTABLISHING A NATIONAL PREVENTIVE MECHANISM AGAINST TORTURE IN THE
PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. — This Act shall be known as the “Torture Prevention Act”

SECTION 2. Declaration of Policy. - The State is fully committed to the prevention of torture,
and the establishment of an independent national preventive mechanism, in compliance with
its obligations under the Optional Protocol to the Convention against Torture, and Other
Cruel, inhuman or Degrading Treatment or Punishment. This mechanism is a visiting body
set-up for the prevention of torture and other cruel, inhuman or degrading treatment or
punishment. The State will provide the necessary resources to ensure the functional
independence of this mechanism.

SECTION 3. Philippine Torture Prevention Commission. The Philippine Torture Prevention
Commission is hereby established as the national preventive mechanism of the Philippines.
It shall be composed of a Chairperson and four Members, who must be chosen in an open,
transparent and inclusive process. Only individuals with proven track records in the
promotion of human rights shall form part of the Commission. Among the Chairperson and
Members, there must be gender balance, adequate representation of ethnic and minority
‘groups inthe country, and diversity of expertise, including the relevant legal and health-care
‘expertise.

The Chairperson and the Members of the Commission shall not, during their tenure,
hold any other office or employment. Neither shall they engage in the practice of any
profession or in the active management or control of any business which, in any way, may
be affected by the functions of their office, nor shall they be financially interested, directly or
indirectly, in any contract with, or in any franchise or privilege granted by the government,
any of its sub-divisions, agencies, or instrumentalities, including government-owned or
controlled corporations or their subsidiaries.

The Chairperson and the Members of the Commission shall be appointed by the
President for a term of seven years without reappointment. Appointment to any vacancy
shall be only for the unexpired term of the predecessor. The President shall give due
consideration to nominations by civil society organizations engaged in the promotion of the
right not to be subjected to torture and other cruel, inhuman or degrading treatment or
punishment,

The Chairperson and the Members of the Commission shall receive the same salary
as the Chairperson and the Members, respectively, of the Constitutional Commissions,
which shall not be decreased during their term of office.


SECTION 4. Powers. - The powers of the Commission include the power: (a) to examine
regularly the treatment of the persons deprived of their liberty in places of detention, with a
view to strengthening, if necessary, their protection against torture and other cruel, inhuman
or degrading treatment or punishment; (b) to make recommendations to the relevant
authorities, with the aim of improving the treatment and the conditions of the persons
deprived of their liberty, and to prevent torture and other cruel, inhuman or degrading
treatment or punishment, taking into consideration the relevant norms of the United Nations;
and (c) to submit proposals and observations concerning existing or draft legislation.

The visiting mandate of the Commission ‘shall extend to all places of deprivation of
liberty. Deprivation of liberty means any form of detention or imprisonment or the placement
of a person in a public or private custodial setting which that person is not permitted to leave
at will by order of any judicial, administrative or other authority. These detention places
include all, and any suspected, places of deprivation of liberty, which are within Philippine
jurisdiction, over which Philippine authorities exercise effective control,

The Commission shall carry out unannounced visits to all, and any suspected, places
of deprivation of liberty, in a manner, and with sufficient frequency, to make an effective
contribution to the prevention torture and other cruel, inhuman or degrading treatment or
punishment

SECTION 5. Access. — The Commission shall have (a) access to all information concerning
the number of persons deprived of their liberty in places of detention, as well as the number
of places, and their location; (b) access to all information referring to the treatment of those
persons, as well as their conditions of detention; (c) access to all places of detention and
their installations and facilities; (d) opportunity to have private interviews with the persons
deprived of their liberty, without witnesses, either personally or with a translator, if deemed
necessary, as well as with any other person, who the Commission believes may supply
relevant information; (e) liberty to choose the places they want to visit, and the persons they
want to interview; and (f) right to have contacts with the Subcommittee on the Prevention of
Torture, to send it information, and to meet with it.

SECTION 6. Privilege. — No authority or official may order, apply, permit or tolerate, any
sanction against any person or organization, for having communicated to the Commission
any information, whether true or false, and no such person or organization may be otherwise
prejudiced in any way. Confidential information collected by the Commission shall be
considered privileged. No personal data may be published without the express consent of
the person concerned. The Commission shall ensure that any confidential information
acquired in the course of its work is fully protected.

SECTION 7. Dialogue. — The competent authorities shall examine the recommendations of
the Commission, and enter into a dialogue with it, on possible implementation measures.
These authorities shall enter into a follow-up process with the Commission, with a view to
the implementation of any recommendations, which the Commission may make. These
authorities shall also publish and widely disseminate the annual reports of the Commission.

SECTION 8. Implementing Rules and Regulations. - The CHR shall issue the necessary
tules and regulations to implement the provisions of this Act within sixty (60) days from its
effectivity.

In the formulation of the rules and regulations, the Commission shall coordinate with
the DSWD, the DND, the DILG, the DENR, the DOH and shall likewise consult with the
LGUs and human rights non-governmental organizations and people's organizations,

SECTION 9. Repealing Clause. - All laws, decrees, executive orders, memorandum orders,
memorandum circulars, administrative orders, ordinances or any part thereof, inconsistent
with the provisions of this Act are hereby deemed repealed or modified accordingly.


SECTION 10. Separability Clause. - If any part or provision of this Act shall be declared
unconstitutional or invalid, the other portions hereof which are not affected thereby shall
remain full force and effect.

SECTION 11. Effectivity. - This act shall take effect fifteen (15) days upon its publication in
at least two (2) newspapers of national circulation.

Approved,