SPL Module 2 - Lectures

Question 1

ANTI-TORTURE LAW

Answer 1

9745

Question 2

the perpetrator in anti-torture law

Answer 2

PA or APA or any private person provided taht the princpal perpretraitor is a PA or APA

Question 3

victim here is

must be in the custody

Answer 3

efers to the person subjected to torture or other cruel, inhuman and degrading treatment or punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture, or other cruel, inhuman and degrading treatment or treatment.

Question 4

a lot of torture are statutory crimes like

rape,
phsyical injuries
mutilation,
unlawful detention
kidnapping
grave threats
obscene publications

if the elements are established of these RPC crimes, can they be charged with RA 9745?

Answer 4

these RPC crimes CANNOT be absorbed in the crime of torture so it is a separate

under sec 15
“Torture as a Separate and Independent Crime. —

Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony committed as a consequence, or as a means in the conduct or commission thereof. In which case, torture shall be treated as a separate and independent criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws.”

Question 5

R.A. 9745 prohibits and punishes the establishment, operation and maintenance of secret
detention places, solitary confinement, incommunicado or other similar forms of detention,
where torture may be carried out with impunity

is it automatic that one is liable if they are in a solitary confinement?

what is your defense as thelaweyer of the PA or APA

Answer 5

no, your defense is that the solitary confienment is justified (insnaity

Question 6

anit-torture, there are principals of inducement, direct pparticipation, and indispensable