The Commission on Human Rights welcomes the filing of Senate Bill No. 1100, a legislative measure filled by Senator Ronald “Bato” Dela Rosa which seeks the transfer, control and supervision of provincial and sub-provincial jails to the Bureau of Jail Management and Penology (BJMP) in order to achieve a uniform and standard set of policies and guidelines in the administration of local jails.
Currently, there are only 13 out of 74 provincial jails being supervised by the BJMP through a memorandum of agreement between the Local Government Units (LGUs) and the provincial governments – while the remaining provincial jails are under the concerned provincial governments. The passage of this bill would lead to better implementation of existing standards, policies and guidelines in the administration of local jails with regards to the safety of inmates, persons in custody awaiting investigation and ensuring that detention facilities meet at least the minimum standard of treatment of prisoners.
With several jails housing more than 5 times their capacity, widespread congestion not only violates the rights and dignity of Persons Deprived of Liberty (PDLs) – it also falls short of meeting the United Nations Standard Minimum Rules for the Treatment of Prisoners as well as BJMP ‘s Manual on Habitat, Water, Sanitation and Kitchen in Jails. Overcrowding and unsanitary penitentiary facilities are conditions akin to cruel, degrading, inhuman treatment or punishment. It leads to increased transmission of diseases from one inmate to another and it breed violence amongst individuals in close proximity. With the filling of this bill, let us remember the importance of a dignified and humane treatment for all individuals including PDLs.
In ensuring the promotion and protection of all rights of PDLs, the Commission continues to reiterate its call for the passage of a law for the improvement of facilities, reduction of congestion, and regular consultations with the administrators of places of detentions. Together, let us remember that in line with the ideals of restorative justice, being deprived of liberty does not serve as reason to deprive an individual of dignity and rights.
the goal, keeping with the ideals of restorative justice of prisons is not to punish and enslave, but to help and restore and rehabilitate PDLs.