Press Release
August 26, 2009

SENATE COMMITTEE OKs ANTI-INVOLUNTARY
DISAPPEARANCE BILL: CHIZ

Opposition Sen. Chiz Escudero yesterday said the Senate committee on justice and human rights has approved another landmark measure that would penalize enforced and involuntary disappearance and jail its perpetrators for life.

"I commend the members of the committee for seeing the importance of passing this piece of legislation. In tandem with the anti-torture bill, the anti-involuntary disappearance measure is our response to the growing clamor both here and abroad to institute mechanisms aimed at protecting human rights," Escudero, who chairs the committee, said.

The 39-year old lawmaker is set to sponsor the measure, which is now up for deliberations in plenary and approval on second and third reading.

Escudero said the bill is in consonance with a constitutionally-protected right that "no person shall be deprived of life, liberty or property without due process of law."

Just last week, members of the bicameral conference committee unanimously approved and consolidated the measures aimed at penalizing state authorities and their agents found to be engaging in torture.

"These two measures seek to address the abuse of State power and tilts the balance in favor of human rights," the senator stressed.

The bill defines the crime of enforced or involuntary disappearance as the arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State.

It also covers their refusal to acknowledge the deprivation of liberty or by concealment, of the fate or whereabouts of the disappeared person, which places such person outside the protection of the law.

For perpetrators of involuntary disappearances, a maximum penalty of reclusion perpetua, equivalent to 20 years and one day to 40 years of imprisonment, is imposed.

Escudero said the measure also prohibits the issuances of "Orders of Battle," official or otherwise, by the military, police or any law enforcement agency to justify an enforced or involuntary disappearance

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