Practice question
An officer subjects a person in custody to deliberate, aggravated and grossly humiliating treatment not enumerated in Section4. The Section5 authority, severity and other facts are proved. He argues absence from the Section4 list necessarily makes the conduct lawful. Which is correct?
- Section5 separately covers the defined other cruel, inhuman or degrading treatment
- Only listed Section4 methods can ever be unlawful
- Humiliation is necessarily lawful in custody
- Authority status provides immunity
- A detainee can never suffer the statutory harm
Legal references
- RA9745 Sections5–7 and16: https://lawphil.net/statutes/repacts/ra2009/ra_9745_2009.html
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