Elgieraydolph Y.

Buison

LLb 1-b

Right against torture

Torture is defined as the practice or act of deliberately inflicting severe physical pain and possibly injury on a person, it also includes psychological aspect. Our constitution provides the right of every person against torture which is self-executing and is expressly provided in the bill of rights section 12. It does not only protect us against maltreatment but it also provides sanction in every violation of such right. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Evidence obtained through violence against any person shall be inadmissible as evidence in any proceedings. Despite of this right provided in our constitution, there still many cases can be heard about torture specially those past years that is why new law are made to strengthen this right like Republic Act no. 9745 or the Anti-torture Act of 2009 which provides more specific acts of torture and also provides for its penalty. Anti-torture Act of 2009 provides specific penalty that is not provided in our constitution. This act makes our right against torture more powerful against any person. This also ensures our right from any injurious acts may be done by police officers while we are in their custody. Another Law that gives protection against torture is the Anti-hazing Law which prohibits injurious and humiliating initiation rites before someone be a member of their organization and penalizes any officers or members of the organization that causes any death or injury. Though there are already laws protecting us against torture, still, there is a need for strengthening it since there are still cases of torture in our country particularly in obtaining evidence from a suspect of a crime.