The Philippines has become the first Asian country to criminalize
enforced disappearances after President Benigno Aquino III signed a law
punishing this act.
Albay Rep. Edcel Lagman, principal author of the “desaparecidos” bill, said Aquino enacted on Wednesday Republic Act (RA) 10350, or the “Anti-Enforced or Involuntary Disappearance Act of 2012.”
The new law identifies three elements for a crime to be considered an act of enforced disappearance: the victim is deprived of liberty, the perpetrator is the State or agents of the State, and the information of the whereabouts of the victims is concealed or denied.
This means that enforced disappearance is now considered a distinct crime, separate from kidnapping, serious illegal detention or murder.
Under the legislation, the crime of enforced disappearance is also considered imprescriptible, or immune to the effect of the lapse of time which bars victims to sue alleged offenders.
RA 10350 imposes the punishment of life imprisonment to persons directly involved in the crime of enforced disappearances. They are also barred from receiving any form of amnesty.
“The law seeks to end impunity of offenders even as it envisions a new or a better breed of military, police and civilian officials and employees who respect and defend the human rights and civil liberties of the people they are sworn to protect and serve and who observe the rule of law at all times,” Lagman said in a statement Thursday.
Lagman’s brother, labor lawyer and activist Hermon, was among the victims of enforced disappearances when, in 1972, then-President Ferdinand Marcos placed the country under Martial Law.
The law against enforced disappearances also entitles relatives of “desaparecidos” to compensation and psychosocial rehabilitation.
The organization Families and Victims of Involuntary Disappearance (Find) pegs the number of cases of enforced disappearances in the country since Martial Law to 2,201.
The human rights group Karapatan, meanwhile, recorded 11 cases of enforced disappearances under the Aquino administration. — Andreo C. Calonzo/KBK, GMA News
Albay Rep. Edcel Lagman, principal author of the “desaparecidos” bill, said Aquino enacted on Wednesday Republic Act (RA) 10350, or the “Anti-Enforced or Involuntary Disappearance Act of 2012.”
The new law identifies three elements for a crime to be considered an act of enforced disappearance: the victim is deprived of liberty, the perpetrator is the State or agents of the State, and the information of the whereabouts of the victims is concealed or denied.
This means that enforced disappearance is now considered a distinct crime, separate from kidnapping, serious illegal detention or murder.
Under the legislation, the crime of enforced disappearance is also considered imprescriptible, or immune to the effect of the lapse of time which bars victims to sue alleged offenders.
RA 10350 imposes the punishment of life imprisonment to persons directly involved in the crime of enforced disappearances. They are also barred from receiving any form of amnesty.
“The law seeks to end impunity of offenders even as it envisions a new or a better breed of military, police and civilian officials and employees who respect and defend the human rights and civil liberties of the people they are sworn to protect and serve and who observe the rule of law at all times,” Lagman said in a statement Thursday.
Lagman’s brother, labor lawyer and activist Hermon, was among the victims of enforced disappearances when, in 1972, then-President Ferdinand Marcos placed the country under Martial Law.
The law against enforced disappearances also entitles relatives of “desaparecidos” to compensation and psychosocial rehabilitation.
The organization Families and Victims of Involuntary Disappearance (Find) pegs the number of cases of enforced disappearances in the country since Martial Law to 2,201.
The human rights group Karapatan, meanwhile, recorded 11 cases of enforced disappearances under the Aquino administration. — Andreo C. Calonzo/KBK, GMA News
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