OVERVIEW

“No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones” – Nelson Mandela

Persons Deprived of Liberty (PDL) are not exempt from human rights, regardless of their background and history. The of their circumstances does not merit torture, cruel, inhuman, or degrading treatment or punishment.

There are a set of international treaties entered into agreement by the Philippine government signifying support to the Universal Declaration of Human Rights (UDHR), the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), and the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules.  It was then followed by the Bangkok Rules for Women Prisoners and the Havana Rules for juveniles.

It is covered by local legislation as outlined in the 1987 Constitution. The laws pertaining to PDL include R.A. 9745 Anti-Torture Act of 2009, R.A. 10353 Anti-Enforced or Involuntary Disappearance Act of 2012, and the R.A. 9344 Juvenile Justice and Welfare Act of 2006, as amended by R.A. 10630 Strengthening the Juvenile Justice System Act.

Torture, CIDTP, and all other forms of ill-treatment that degrade human dignity are prohibited under international and domestic laws. However, reports made with CHR in 2023 revealed that CIDTP still exists and various methods of torture are still being employed in a number of cases. These include repeated beating, sexual abuse, food deprivation, sleep/rest deprivation, exposure to sunlight, and rubbing of chili pepper on the eyes and genitals.

The CHR reaches out to PDL through assistance in the form of legal advice, case follow-ups, facilitating family communication, referral to concerned government agencies and organizations, education and training, and psychosocial services.

NATIONAL PREVENTIVE MECHANISM

Systemic problems require systemic solutions. The CHR advocates for the establishment of the National Preventive Mechanism (NPM). The NPM is an independent entity that guarantees the rights of PDL by preventing systemic risks of torture in places of deprivation of liberty. They are mandated to conduct announced or unannounced visits, provide recommendations on legislation or operations, build the capacity of duty bearers through training and education, and seek meaningful and constructive dialogue with concerned agencies.

There are 94 state parties to the Optional Protocol to the United Nations Convention against Torture (OPCAT) including the Philippines. However, the country has yet to establish its NPM that would facilitate the rights of PDL, since its ratification more than a decade ago on April 17, 2012. This flags the urgency of the establishment of the NPM to uphold the rights of PDL and to foster a sense of accountability among the ranks of duty bearers. Torture is a blatant abuse of power that should neither be tolerated nor justified. All must respect human rights of all beings.

QUICK FACTS

• The Philippines is #4 in the Top 5 Overcrowded Places of Deprivation of Liberty. (Source: Global Prison Trends 2024)
• In the Philippines, more than half or 65.2% are untried prisoners. (Source: Prison-Insider 2024)
• Tuberculosis is a common disease that easily spreads in overcrowded facilities. (Source: CHR)
• The highest account of heatwave in detention facilities in Manila is up to 40 degrees celsius. (Source: UN Geneva)

In the Bureau of Corrections, the PDL population continues to increase from 2020 to 2024.

During interviews with CHR, PDL recalled the long drawn process of facilitating their cases in court against the number of persons arrested by authorities. They surmised that the number of admissions versus releases is a variable in the perennial problem of overcrowding in places of deprivation of liberty.

LINK to the Bureau of Corrections website

LINK to the 2023 Human Rights Situationer on Persons Deprived of Liberty