Philippines: CHR to study delay on torture convention
The Philippines Commission on Human Rights has expressed concerned at a Government proposal to defer implementing the Optional Protocol to the Convention Against Torture by three to five years.
The Philippines Government has proposed deferring its implementation of the Optional Protocol to the Convention Against Torture (OPCAT), signed earlier this year by President Arroyo and currently awaiting ratification by the Senate, by between three and five years.
The proposal was made by H.E. Mr Eduardo Ermita, Executive Secretary and Chairperson of the Presidential Human Rights Committee of the Philippines during a recent workshop held in Manila to discuss implementing OPCAT.
Mr Ermita said a three to five year deferral would provide sufficient time for improvements to be made to conditions in jails and other detention centres across the country.
The Philippines Commission on Human Rights (CHR) said it would study the proposal.
"It's something we need to look into and evaluate," CHR Chairperson Leila de Lima said. "It might not be consistent with the spirit of OPCAT."
She said a study would assess whether a deferral would undermine one of OPCAT's key requirements: independent monitoring of detention places to check for and investigate allegations of torture and ill treatment of detainees.
State Parties are usually required to set up a National Preventative Mechanism, involving independent national or international bodies, to undertake this monitoring role within a year of ratifying OPCAT. However, countries can opt to defer its implementation for a period of time.
The two-day workshop was organised by the CHR, the Rehabilitation and Research Centre for Torture Victims and the BALAY Rehabilitation Center, in partnership with the Asia Pacific Forum and the Association for the Prevention of Torture.
Discussion also focused on developing an action plan to strengthen existing Domestic Visiting Mechanisms and establishing a ‘road map’ towards ratification and effective implementation of OPCAT in the Philippines.
The APF gave a presentation on the recommendations of the Advisory Council of Jurists’ Reference on Torture, including its proposed Minimum Interrogation Standards.
The CHR has recommended that these Minimum Interrogation Standards be included in regulations to accompany the Anti-Torture Act that is currently being drafted by the Philippines legislature.
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