“It has to be a deterrent [against torture],” said Ocampo. Not only the perpetrators but also the officers in command and those involved in the cover-up of torture incidents shall be penalized, he said.

“The effectiveness of the law remains to be seen,” said Clamor as he noted the human rights record of the Arroyo administration. Karapatan has documented 1,016 victims of torture from 2001 to March 31, 2009.

Torture is an integral part of the Arroyo government’s counter-insurgency program, said Clamor. “The counter-insurgency program is the root of human-rights violations. We continue to receive reports of torture and other human rights abuses.”

Punish Torturers

“We challenge Mrs. Arroyo to go after the known, notorious torturers under her administration, especially Jovito Palparan Jr.,” Clamor said. Palparan, a former general, has been linked to numerous cases of extrajudicial killings in Southern Tagalog, Central Luzon and Eastern Visayas. Torture survivor Raymond Manalo, in his affidavit, recalled meeting Palparan during his days in captivity.

Clamor urged the government to “punish the torturers of Melissa Roxas and other victims.”

“We hope the Anti-Torture Law can be an additional venue with which the victims can file charges against the perpetrators of torture,” he added.

Clinton Visit

While pleased of the passage of the law, both Ocampo and Clamor questioned the timing of its announcement, during the visit of US Secretary of State Hillary Clinton.

“It is clearly meant to please Clinton,” Clamor said. The New York-based Human Rights Watch had urged Clinton to raise concerns over cases of extrajudicial killings and little efforts to prosecute military personnel believed to be responsible.

Last April the UN Committee Against Torture expressed concern over the “routine and widespread use of torture and ill-treatment of suspects in police custody.” The Committee also noted the “credible allegations of torture and/or ill-treatment committed by law enforcement and military services personnel.”

Rome Statute and Other Bills

Ocampo challenged the executive department to complete its action by submitting the Rome Statute to the Senate for ratification.

Ratifying the Rome Statute here would pave the way for the country’s adherence to the principles of the International Criminal Court (ICC) in prosecuting serious crimes committed against civilians. Based in The Hague in the Netherlands, the ICC is an independent international organization and is not part of the United Nations system. The ICC will soon have jurisdiction over crimes of aggression once a definition is adopted by the assembly of state parties.

The Rome Statute was adopted on July 17, 1998, to strengthen the ICC, which was established to help end impunity for perpetrators of most serious crimes of concern to the international community, for instance genocide, crimes against humanity, and war crimes committed after July 1, 2002 when it came into force after 60 countries ratified it. At present, 120 countries have already ratified the treaty.

Ocampo also urged the passage of the Anti-Enforced Disappearance Bill (House Bill 2263) and the House Bill 3259 or the Command Responsibility Bill. Command responsibility holds the superior responsible for crimes committed by his subordinates for failing to prevent the said crime or punish those who did it. (Bulatlat.com)

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