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UN Joint Programme for Human Rights in the Philippines (UNJP)

Technical Working Group on Civic Space and engagement with civil society and the CHRP
and
Technical Working Group on Strengthening Domestic Investigative and Accountability
Measures

Concept Note on the strengthening of knowledge and capacity of


national stakeholders on the Istanbul Protocol and Torture
Prevention

Background
The three-year ‘UN Joint Programme (2021-2024) for the Promotion and Protection of
Human Rights in the Philippines’ focuses on technical cooperation and capacity-building aiming to
further improve the situation of human rights in the Philippines and to provide support for the country
in its efforts to fulfil its international human rights obligations and commitments.

The UN Joint Programme focuses on six main areas, including: a) strengthening domestic
investigative and accountability measures; b) improved data gathering on alleged police violations;
c) civic space and engagement with civil society; d) strengthening the National Mechanism for
Implementation, Reporting and Following up; e) human rights-based approach to drug control; and f)
human rights-based approach to counter-terrorism. Work in these areas is being carried out by the UN
and Government counterparts, together with the Commission on Human Rights of the Philippines and
civil society organizations.

A key component of the UNJP is to strengthen the domestic investigative and accountability
capacity of the Government, the Commission on Human Rights and civil society. In partnership with
the Administrative Order 35 (AO35) Secretariat1 and the International Rehabilitation Council for
Torture Victims, the UNJP is organizing a week-long capacity building activity on the Istanbul
Protocol: Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (2022 edition) in Metro Manila in May/June 2024.

Introduction and Purpose


The Istanbul Protocol is the first set of international guidelines for the medical documentation
of torture and its consequences. It is one of the most effective tools for ensuring accountability and
ending impunity related to torture. The “Manual on Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, commonly known as
the Istanbul Protocol, serves as a global standard against which the delivery of expert legal and

1
The “Inter-Agency Committee on Extra-Legal Killings, Enforced Disappearances, Torture and Other Grave
Violations To The Rights To Life, Liberty And Security Of Persons” (IAC) was created under Administrative
Order No. 35 (series of 2012).
medical evidence can be benchmarked in the investigation and prevention of torture. It outlines
international legal standards and sets out specific guidelines on the documentation as well as the
effective legal and medical investigations of allegations of torture and ill-treatment.

This upcoming week-long capacity building activity in Metro Manila follows the successful
completion of a three-day online training on the Istanbul Protocol in December 2023. It was attended
by over 90 participants from Government, the Commission on Human Rights, CSOs and academe and
medical institutions. Participants were trained on standards and tools related to the effective
understanding and documenting of physical injury and medical evidence. The training received strong
interest and positive feedback from participants, who requested for an in-person and more in-depth
training on the Istanbul Protocol.

Objectives
The proposed capacity building activity on the Istanbul Protocol will serve four main
purposes which contributes to the overall goal of combatting torture and other forms of ill-treatment:

(i) To equip the participants from different government agencies, Commission on


Human Rights (CHR) and the relevant Civil Society Organizations(CSOs)
with knowledge and skills in the application and promotion of international standards
in the investigation and documentation of cases of torture and other forms of ill- ;
(ii) To foster strengthened collaboration between aforementioned actors in the
prevention, detection, documentation and reporting of torture and other forms of ill-
treatment;
(iii) To promote multistakeholder engagement through dialogue and discussions to
strengthen the implementation of the Anti-Torture Act in line with the Istanbul
Protocol and other international standards;
(iv) To promote the application of the Istanbul Protocol as a tool for accountability,
justice and redress for victims of torture and their families.

Programme Modality
The week-long capacity building activity will include three days of training, a full day
multistakeholder conference and one day of dialogues and roundtable with law enforcement actors
and others:

1. The three-day training aims to capacitate actors in law enforcement, the CHR and CSOs
to apply Istanbul Protocol in the investigation, review of evidence and documentation of
cases of torture and ill treatment.
2. A full-day conference on Strengthening National Capacities in Torture Prevention with a
focus on key areas of the Anti-Torture Act in the Philippines, namely torture prevention,
investigation and documentation, prosecution, rehabilitation and education/information
campaign.
3. A half day roundtable dialogue with judges on the application of the Istanbul Protocol in
cases of torture and a half-day roundtable dialogue with members of the TWG on AO35
on opportunities and ways forward in torture prevention, investigation and prosecution.

The design of the programme will also take into account of the evaluation feedback received
in the initial online training conducted in December 2023.
Programme and Targeted Participants

Day Agenda/Item Targeted participants Actors and agencies

1 Introduction on the Istanbul Protocol CSOs (15)


All (55)
• Overview of standards and tools to
effective documentation Only for persons CHR (10)
conducting
• Understanding and documenting investigations, review of
physical injury and medical evidence and Government (30)
documentation of HRVs
evidence AO35 Prosecutors
• Psychological trauma as evidence
Public Attorney’s
and best practices for working with Office (PAO)
victims Armed Force of the
Philippines (AFP)
National Bureau of
Investigations (NBI)
Philippine National
Police (PNP)

2 Practical exercises on the application of Government (30) AO35 Prosecutors


the Istanbul Protocol PAO
AFP
NBI
PNP

3 Practical exercises on the application of CSO and CHR (25) CSOs (15)
the Istanbul Protocol

CHR (10)

4 Full Day Conference on Strengthening All (65) CSOs (15)


National Capacities on the Prevention of
Torture CHR (10)

Strengthening the implementation of the Government (40)

Anti-Torture Act in line with the Istanbul AO35 Prosecutors


Protocol and other International Standards PAO
1. Prevention CHR
2. Investigation and documentation AFP
3. Prosecution PNP
4. Rehabilitation
NBI
5. Education and info campaign
CSOs
Department of Social
Welfare and
Development
(DSWD)
Department of Health
(DOH)
Department of Justice
(DOJ)
Department of Interior
and Local
Government (DILG)
Bureau of Corrections
(BuCor)
Bureau of Jail
Management and
Penology (BJMP)

5 Morning: Roundtable with Judges on the Judges and others TBC – pending
Application of the Istanbul Protocol (~10-15) meeting with the
Office of the Court
Administrator

Afternoon: Roundtable with the TWG AO35 TWG (20) AFP


on AO35 on Opportunities and Ways PNP
Forward DND
NBI
DOJ – AO35
Secretariat
DILG
CHR
Presidential Human
Rights Committee
Secretariat (PHRCS)
Office of Presidential
Adviser on the Peace
Process (OPAPA)
Office of the
Presidential Adviser
on Peace,
Reconciliation and
Unity (OPAPRU)

Funding and Coordination


This capacity-building activity will be co-organized and co-funded by the AO35 Secretariat
and the UNJP. The agreed location is Metro Manila, with the first four days in a hotel (venue TBD)
and the final day in the UN House. The activity will be non-residential but accommodation is possible
for participants traveling from outside of the NCR.

In terms of funding, the UNJP has agreed to provide the experts/consultancy fees for the three
experts, as well as their travel cost and Daily Spending Allowance. AO 35 has agreed to provide the
cost of the venue and meals, as well as accommodation for selected participants on a needs-only basis.

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