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Anti-Enforced Disappearance Bill ratified after 2 decades

Press Statements

 

  • Rep. Edcel C. Lagman
  • Independent – Albay
  • 16 October 2012
  • 0916-6406737 / 0918-9120137

 

            The occurrence of enforced or involuntary disappearance and the impunity of offenders who are agents of the State may now be finally consigned to the past with the congressional approval of the bicameral conference report today of the “Anti-Enforced or Involuntary Disappearance Act of 2012” which imposes stern deterrents against its commission.

             Enforced disappearance was an atrocious tool of the martial law regime to silence protesters and human rights advocates and continues to be employed by subsequent administrations after the end of the martial law regime.

              The expected signing of the enrolled bill into law by President Benigno Aquino will be a milestone in Asia as it will be the first national law to criminalize enforced disappearance as a separate or distinct offense.

             The enactment of the measure, which was principally authored by Rep. Edcel C. Lagman of Albay in the House of Representatives, is a culmination of more than 20 years of militant advocacy for the desaparecidos.

             The other salient features of the measure are the following:

  1. The crime of enforced disappearance is generally imprescriptible as an exception to the statute of limitations.
  1. No amnesty can exempt any offender, either convicted or facing prosecution, from liability.
  1. No war or any public emergency can justify the suspension of the enforcement of the anti-disappearance law.
  1. Command responsibility makes a superior officer also culpable for violations of the law by subordinates.
  1. Subordinates are authorized to defy unlawful orders of superiors for the commission of enforced disappearance.
  1. A periodically updated registry of all detained persons is required in all detention centers.
  1. Secret detention facilities are prohibited.
  1. Compensation, restitution and rehabilitation of victims and kin are mandated.
  1. Gradation of penalties are prescribed with reclusion perpetua as the severest penalty.
  1. Human Rights organizations shall participate in the crafting of the necessary Implementing Rules and Regulations.