A case analysis of the implementation of Republic Act No. 9745 otherwise known as Anti-Torture Act of 2009, among the inmates of Bureau of Jail Management and Penology Passi City, Iloilo

Abstract

This study was conducted to determine the implementation of R.A 9745 (Anti-Torture Act of 2009) among the inmates of Bureau of Jail Management and Penology, Passi City, Iloilo, which is an act penalizing torture and other cruel, inhuman and degrading treatment or punishment and prescribing penalties. The data collection technique/s that the researcher had used in her study was an in-depth interview, using a fifteen (15) items questionnaire. The researcher used the list that was provided by the personnel of the Bureau of Jail Management and Penology of Passi City to select 30 respondents from the total population of 81 inmates that was detained in the penitentiary. Results of the study showed that among the 30 respondents of the said jail, 14 of which had experienced physical torture, mental torture and incarceration inside the prohibited detention penitentiary. Based on the given data by the inmates it showed that 4 out of 14 sustained physical tortures: 8 out of 14 also experienced mental tortures and 2 out of 14 had suffered a prohibited incarceration inside the detention penitentiary. Thus, inmates of the Bureau of Jail Management and Penology of Passi City , Iloilo had sustained physical torture, mental torture and incarceration in secret detention quarters, depending upon the supervision of the jail warden on duty. The researcher further recommends that in order to eradicate the incidents of torture inside a jail penitentiary, there should be an independent body that can regularly conduct visitations and inspections of police stations and detention centers, so that the government can take necessary actions towards the preventive basis of undue torture. In addition, to punish the perpetrators of torture the government should tightened the weak criminal justice system, wherein criminal justice system is not functioning. Since, the Anti-torture Act became a law in 2009, not a single accused has been convicted and there should be a proper system for that matter. The police officers and jail guard officers of each Bureau of Jail Management and Penology should be well-versed regarding the understanding of the law, to avoid inhuman punishment and behavior among the detained inmates.