PHILIPPINES STOP TORTURE NPM BILL ACTION MAY 2016 ASA 28/3983/2016 BACKGROUND Torture at the hands of the police in the Philippines continues with alarming frequency while those responsible are almost always allowed to evade justice. Over a year after our report, Above the law: Police Torture in the Philippines was published, very little has changed – police torture is still rampant across the country with impunity, and only one perpetrator, police officer Jerick Dee Jimenez, has been convicted since the enactment of a landmark anti-torture law in 2009. As per its obligations under the Optional Protocol to the Convention Against Torture, the Philippines should have put the establishment of a National Preventative Mechanism (NPM) for torture in place by April 2013. A NPM bill is currently filed before the Senate and the Philippine government has an opportunity to pass this bill. It’s high time this is done. We are urging the Senate to immediately establish the NPM which is currently filed before both the Congress and Senate, and to ensure regular meetings of the Oversight Committee as provided by the Anti-Torture Law Act to ensure that there are genuine criminal investigations in torture cases by police. GOAL The Philippine Senate passes the NPM bill in order to adequately address torture by police authorities, with a view to bringing perpetrators to justice and preventing further use of torture and other ill-treatment. TARGETS We are targeting eight senators who will be returning to the Senate after May 2016 elections including the current Senate President, Senator Franklin Drilon. See address and contact details below. KEY PUBLIC CALL Senators vote to pass the NPM bill to Stop Torture in the Philippines. ACTIONS WRITE (see addresses below) 1 1. Call on your senators/parliamentarians with human rights/justice portfolios to write to Senator Pimentel (who has previously committed to supporting the establishment of the NPM bill) encouraging him to pass the NPM bill as soon as possible (see model letter in Appendix) 2. Call on your activists/membership working on Stop Torture to write and/or email the seven senators who will be returning to the next legislative session (but who aren’t running for another office) urging them to pass the NPM bill (see model letter in Appendix I) TWEET We believe sustained pressure on the following key Senators who are active on Twitter can have an impact. They are @bamaquino, @cynthia_villar and @sonnyangara. Please tweet them: From 9th May to 23rd May (when the latest Senate session is in session): once a week From 23rd May until 10th June (when the Senate session ends): once a day SUGGESTED MESSAGES: To all: Torture is rife amongst the police force. Only one perpetrator has ever been convicted. #stoptorture in #Philippines. Pass the NPM bill. I urge @bamaquino to #stoptorture in #Philippines. Pass the NPM bill. .@bamaquino Pass the NPM bill and #stoptorture in #Philippines. I urge @cynthia_villar to #stoptorture in #Philippines. Pass the NPM bill. .@cynthia_villar Pass the NPM bill and #stoptorture in #Philippines. I urge @sonnyangara to #stoptorture in #Philippines. Pass the NPM bill. .@sonnyangara Pass the NPM bill and #stoptorture in #Philippines. @bigmandrilon Pass the NPM bill and #stoptorture in #Philippines. 2 ADDRESSES AND CONTACT DETAILS Letter writing for parliamentarians Senator Aquilino "Koko" Pimentel III Senate Office: Rm. 512 GSIS Bldg., Financial Center, Roxas Blvd., Pasay City, 1300 Metro Manila, Philippines Email: [email protected] Letter writing/emailing/Facebook posting for members/activists 1. Senator Juan Edgardo "Sonny" Angara Senate Office: Rm. 504 GSIS Bldg., Financial Center, Roxas Blvd., Pasay City, 1300 Metro Manila, Philippines Email: [email protected] Facebook: www.facebook.com/sonnyangara 2. Senator Paolo Benigno "Bam" Aquino Senate Office: Rm. 510 & 23 5/F GSIS Financial Complex, Roxas Blvd., Pasay City, 1300 Metro Manila, Philippines Email: [email protected] Facebook: www.facebook.com/BenignoBamAquino 3. Senator Maria Lourdes "Nancy" Binay Senate Office: Rm. 523 & 16 GSIS Bldg., Financial Center, Roxas Blvd., Pasay City, 1300 Metro Manila, Philippines Email: [email protected] Facebook: www.facebook.com/SenatorNancyBinay 4. Senator Joseph Victor "JV" Ejercito Senate Office: Rm. 511 GSIS Bldg., Financial Center, Roxas Blvd., Pasay City, 1300 Metro Manila, Philippines Email: [email protected] 5. Senator Loren Legarda Senate Office: Rm. 209 GSIS Bldg., Financial Center, Roxas Blvd., Pasay City, 1300 Metro Manila, Philippines Email: [email protected] 6. Senator Aquilino "Koko" Pimentel III Senate Office: Rm. 512 GSIS Bldg., Financial Center, Roxas Blvd., Pasay City, 1300 Metro Manila, Philippines Email: [email protected] 7. Senator Cynthia Villar 3 Senate Office: Rm. 503 & 515 GSIS Bldg., Financial Center, Roxas Blvd., Pasay City, 1300 Metro Manila, Philippines Email: [email protected] Facebook: https://www.facebook.com/Senator.Cynthia.Villar 8. Senate President Franklin Drilon Senate Office: Rm. 525 5th Flr., GSIS Bldg., Financial Center, Roxas Blvd., Pasay City, 1300 Metro Manila, Philippines Email: [email protected] MATERIALS Report: Above the Law: Police Torture in the Philippines Stop Torture Strategy Update, July 2015 ACT 40/2257/2015 AI Philippines Press Release, 8 December 2015 (Appendix II) AI Press Release, 1 April 2016 Historic Ruling in the Philippines For any queries on materials please contact Rachel Chhoa-Howard [email protected] or Stacy Shapiro [email protected] APPENDIX I- SAMPLE LETTER ADDRESSED TO SENATORS/ PARLIAMENTARIANS Name Title Address [DD Month YYYY] Dear Senator / Parliamentarians PASSING THE NATIONAL PREVENTATIVE MECHANISMS (NPM) BILL I write to raise my concern over the widespread use of torture or other ill-treatment by the police in the Philippines and urge you to pass the NPM bill as soon as possible. Although the Anti-Torture Act criminalizing torture was passed in the Philippines in November 2009, Amnesty International’s research shows that torture is still rife and appears to be routine during interrogations in some police stations. The overwhelming majority of reports of torture cite police officers as the perpetrators. To date, only one police officer is known to have been convicted under the Anti-Torture Act. The few victims who do manage to initiate proceedings against their torturers find themselves confronted with a dauntingly complex criminal and administrative complaints 4 system. Those most at risk of being tortured or otherwise ill-treated after arrest include children, suspects with criminal records, informal police auxiliaries (“assets”) who have fallen out of favour with local officers, and suspected members of or sympathizers with armed groups and political activists. Many torture victims are from poor or disadvantaged backgrounds. A clear public message should be sent to the Philippines National Police (PNP) and other state security agents that torture and other ill-treatment of detainees are strictly prohibited at all times, are considered a crime under Philippine law and international law, and that all perpetrators will be brought to justice, through the passing of the NPM bill and via regular meetings of the Oversight Committee as provided by the Anti-Torture Law Act, to ensure that there are genuine criminal investigations in torture cases by police. Thank you for your attention to this urgent matter. Yours Sincerely, [To be signed by the Senator/Parliamentarian/member/activists] APPENDIX II- AI Philippines Press Release AMNESTY INTERNATIONAL PHILIPPINES PRESS RELEASE 8 December 2015 SENATE EFFORT TO ADDRESS POLICE TORTURE IN PH, A POSITIVE STEP SAYS AMNESTY The Senate Committee on Justice and Human Rights convened a second inquiry on Amnesty International’s ‘Above The Law: Torture in the Police’ report launched in December 2014 following a resolution passed in January to respond to the evidence included in the report regarding widespread torture in the Philippine National Police. “Amnesty International welcomes this positive step by the Senate to convene these hearing towards ending the use of torture in the Philippines. Senator Aquilino Pimentel’s concern about the zero conviction rate on cases of torture, six years after the anti-torture law was passed, and the need to address the weakness within the Philippines justice system is reassuring,’ said Josef Roy Benedict, Amnesty International South East Asia Deputy Director for Campaigns. “However it is disappointing to hear that the Philippine National Police have yet to review Amnesty International’s report and recommendations a year after it was published. This raises serious questions about their willingness to address and eradicate torture within the police force,” he added, 5 Amnesty International presented three major recommendations to the committee highlighting prevention of torture, criminal investigation and review of disciplinary and accountability mechanisms. “Amnesty International urges the Senate to expedite the bill for the establishment of a National Preventive Mechanism (NPM) for torture ensuring its functional independence from the government and has the authority to examine detention facilities and have immediate full access to information concerning detainees who are victims of torture,” added Benedict. Senator Pimentel confirmed that he will file the NPM bill within the week following his pronouncement that all recommendations forwarded by Amnesty