Senate OKs bill criminalizing enforced disappearances

The Senate on Tuesday approved on third and final reading a bill seeking to define and penalize the crime of enforced or involuntary disappearances.

With 15 affirmative votes, the Senate approved Senate Bill 2817 (Enforced or Involuntary Disappearance Act of 2011) authored by Senators Francis Escudero, Manny Villar, Miriam Defensor-Santiago, Francis Pangilinan, and Ramon Bong Revilla Jr.

Escudero, principal author of the bill and chairman of the Senate committee on justice and human rights, explained that currently there is no law that defines and penalizes enforced disappearances.

“The crime of involuntary disappearance is not yet considered a crime under our laws so we are endorsing this bill to institute mechanisms and strengthen existing policies in favor of human rights,” he said in a statement released after the approval of the bill.

SB 2817 defines enforced or involuntary disappearances 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, followed by a 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.”

Under the measure, the penalty of reclusion perpetua or life imprisonment shall be imposed on the following persons:

Those who directly committed the act of enforced or involuntary disappearance;

Those who directly forced, instigated, encouraged or induced others to commit the act of enforced or involuntary disappearance;

Those who cooperated in the act of enforced or involuntary disappearance by committing another act without which the act of enforced or involuntary disappearance would not have been consummated;

Those officials who allowed the act or abetted in the consummation of enforced or involuntary disappearance when it is within their power to stop or uncover the commission thereof; and

Those who cooperated in the execution of the act of enforced or involuntary disappearance by previous or simultaneous acts.

On the other hand, reclusion temporal or imprisonment from 12 years and one day to 20 years shall be imposed on the following:

Those who shall commit the act of enforced or involuntary disappearance in the attempted stage;

Persons who, having knowledge of the act of enforced or involuntary disappearance and without having participated therein, either as principals or accomplices, took part subsequent to its commission

The measure likewise states that the penalty of prision correccional or imprisonment of at least six months shall be imposed against persons who defy, ignore, or “unduly delay” compliance with its provisions.

Aside from approving SB 2817, the Senate also approved concurrent resolution no. 8, approving the legislative calendar for the second regular session, and elected Senator Antonio Trillanes IV as an additional member into the Senate Electoral Tribunal.

The Senate adjourned session early because of heavy rains brought by Tropical Storm Juaning. – Kimberly Jane Tan/KBK, GMA News