In observance of the 32nd National Prison Awareness Week, the Commission on Human Rights (CHR) enjoins the public to think of the plight of prisoners, detainees, probationers and parolees. The UN Basic Principles for the Treatment of Prisoners asserts that: “Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights. (emphasis added)

The widespread congestion in Philippines jails violates the rights and dignity of persons deprived of liberty (PDLs). With several jails housing more than 5 times their capacity, the Bureau of Jail Management and Penology (BJMP) themselves confirmed that many jails do not meet the United Nations standard as well as BJMP ‘s Manual on Habitat, Water, Sanitation and Kitchen in Jails. Overcrowding and the conditions it breeds are tantamount to cruel, degrading, inhuman treatment or punishment. It leads to health and sanitation problems and also breeds gang affiliation for survival, which heightens violence in prison. The psychological and mental well-being of PDLs can also be impacted and the effects can be long term.

Torture is also another grievous reality that PDLs can be subjected to. In our country, the struggle against torture has been a concern especially during the martial law period in the 70s. The physical, psychological, and mental wounds inflicted through torture can last a lifetime and afflicts not only the PDLs but their families and communities as well. This abhorrent assault to human dignity should not be acceptable in any civilized society.

To promote and protect the rights of PDLs, the Commission reiterates its call for the passage of a law that will create the National Preventive Mechanism (NPM) for the prevention of torture and other cruel, inhuman or degrading treatment or punishment. The establishment of NPM can pave the way for the improvement of facilities, reduction of congestion, and regular consultations with the administrators of places of detentions. This is a non-adversarial but more preventative approach. In 2016, CHR initiated the creation of an interim NPM to fulfil the functions of the country’s’ NPM while the latter has not yet been established by legislation.

Prisons are meant to help restore and rehabilitate PDLs so they may eventually be reintegrated to society in keeping with the ideals of restorative justice. Being deprived of liberty does not mean being deprived of one’s humanity. Our prisons are a reflection of the kind of society we live in. We call on the public to continue to clamor for better conditions and improved welfare of PDLs.