City mayor’s ‘walk of shame’ punishable by law?

A Human Rights official thinks the country’s Anti-Torture Act covers Tanauan City mayor’s ‘punishment’ of apprehended criminals

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TANAUAN CITY, BATANGAS–A regional director of the Commission on Human Rights (CHR) thinks Tanauan City Mayor Antonio Halili may have violated the country’s Anti-Torture Act with his “walk of shame” punishment of apprehended criminals here.

This is the view of CHR–Calabarzon Regional Director Atty. Jacqueline de la Peña after city police held a suspected robber, a certain Menandro Vinuya, and Halili ordered the robber to do the walk of shame in this city’s streets recently.

The said “walk of shame” may not fall under acts of torture but de la Peña thinks it falls under the definition of “other cruel, inhuman and degrading punishment”. This definition is contained in Art. 5 of Republic Act 9475 or the Anti Torture Act.

“Of course we’re very disappointed because this was already repeated and we strongly condemn such practice,” de la Peña told The Filipino Connection in an exclusive interview. “This is not the right message that we should send.”

But Halili said an otherwise “right message” on the walk of shame. The mayor said if he’ll be charged, “he’s willing to face the charges.”

The said other form of punishment is punishable by arrest mayor or one month and one day to six months imprisonment.

The CHR regional director says that by shaming the suspect, Halili may have violated his right to presumption of innocence as the suspect has already been “prejudged” without letting the courts decide on his case. She had already ordered an investigation on the “walk of shame” incident.

“In the long run it is not a deterrent. A wrong action cannot correct another wrong. We have to follow what the law says,” de la Peña added.

In a June 16 interview on national television, Department of the Interior and Local Government (DILG)-Calabarzon Director Rene Brion admitted that Halili’s action of publicly shaming the suspect was “illegal.” But DILG-Calabarzon will give the mayor the chance to explain his side.

“The DILG will never condone any acts of public humiliation of a suspected criminal. First and foremost, it’s against our laws,” Brion said.

On a June 11 morning, members of the Mayor’s Anti-crime (MAC) Group caught Vinuya in the act of stealing P3,000 worth of cable wires from ADM Industrial Supply, a subcontractor of a company based at the First Philippine Industrial Park (FPIP).

After he was caught by authorities, Halili ordered Vinuya to walk on the streets wearing the sign that he was a thief and he should not be emulated. The suspect also wore the cable wires as his necklace while being publicly shamed.

The video of the walk of shame was uploaded on “Tanauan City’s Hope” Facebook account, which garnered mixed reactions.

Halili said that asking the suspect to do the walk of shame was his way of disciplining him.

“If your city has many robbers, investors will lose confidence. It would have a negative image. So as I’ve said, instead of me getting humiliated let him be. Maybe he would be ashamed and he wouldn’t do it again,” the embattled mayor told The Filipino Connection.

Batangas Police Provincial Office statistics showed that from January to November 2014, Tanauan City had 39 reported robbery incidents (the second highest in Batangas province), only five of which is considered as solved. The city reported 56 robberies in 2013.

A crime is considered as solved if the police was able to identify, arrest and charge the suspect in court.

The suspect declined requests for interviews, saying he was “afraid for my own security and the security of my own family.”

Vinuya, however, denied the allegations that he stole cable wires. The suspect also said he felt “humiliated” with what Halili and his men did to him.

The police had already filed qualified theft charges on June 15 against Vinuya.

This was not the first time that Halili publicly shamed a suspect. On February 2014, he also forced an alleged thief of P16,000 worth of dried fish (tuyo) to do the walk of shame at the public market.

No charges have been filed however against Halili as of press time.

De la Peña said that the CHR–Calabarzon thinks of consolidating the previous and the current charges against Halili.

Aside from violation of the Anti-Torture law, de la Peña said that the mayor could face administrative charges for violating the RA 6713 or the Code of Conduct of Ethical Standards for Public Officials and Employees.

 

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