Implementing Rules and Regulations of the Anti-Torture Act of 2009

The Department of Justice and the Commission on Human Rights jointly promulgated the Implementing Rules and Regulations of the Anti-Torture Act of 2009 which was published in newspapers of general circulation in December 2010. The Implementing Rules seek to implement the provisions of Republic Act No. 9745, entitled “An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and Prescribing Penalties Therefor.”

The Implementing Rules mostly just reiterates the provisions of the Anti-Torture Act, defining acts of torture and providing penalties for committing such acts, whether as principal, accomplice or accessory.  The Implementing Rules also reiterates that torture is a separate and independent crime and shall not absorb or be absorbed by any other crime or felony. Furthermore, persons guilty of torture shall not benefit from any special amnesty law or similar measures that will have the effect of exempting them from criminal proceedings or sanctions.

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