The Commission on Human Rights (CHR) recognises the recent efforts of the Bureau of Jail Management and Penology (BJMP) to decongest jail facilities in the country. In a recent statement, BJMP spokesperson JSupt. Xavier Solda reports a  decrease at 397% congestion rate in jails as of July 2022.

In past years, the congestion rate of Philippine jails was at 438% in 2019, then went down to 403% in 2020, based on annual audit reports released by the Commission on Audit.

While a slow improvement, congestion of BJMP’s facilities has been a continuing challenge that has negatively impacted living conditions of persons deprived of liberty (PDLs). These conditions fall short in complying with BJMP’s own Manual on Habitat, Water, Sanitation and Kitchen in Jails and the United Nations Standard Minimum Rules for Treatment of Prisoners.

We emphasize the need for the government to expedite decongestion efforts through penal reform, including non-custodial alternatives to detention for minor cases; expedited release of qualified detainees; and the building of new facilities among others. However, CHR maintains that a more sustainable solution against crime and preventing recidivism is addressing social issues, such as lack of employment opportunities, social welfare support, and poverty, that drive people to act contrary to law.

CHR continues to commit in helping improve the condition in jails and other detention facilities with our mandate to conduct jail visits and through our role as the country’s interim National Preventive Mechanism (NPM). At the same time, we hope that the newly-sworn government will finally pass a legislation establishing an NPM consistent with the country’s ratification of the UN Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (UN CAT) and its Optional Protocol (OPCAT).

We maintain that that dire conditions experienced by PDLs, especially amid the pandemic, may result in cruel, inhuman, degrading treatment or punishment—a human rights violation—if left unaddressed. We shall continue to work with government in our open and independent role as a national human rights institution by advising how the government can better comply with its human rights obligations for the protection of the rights.