The recent discovery of alleged 176 bodies of persons deprived of liberty (PDLs) stored and unclaimed in a funeral home since December 2021 is a cause for serious concern for the Commission on Human Rights (CHR).

The unclaimed bodies were discovered in the course of the ongoing investigation into the killing of broadcaster Percy Lapid.

Reports quoting the manager of the funeral home accredited by the Bureau of Corrections (BuCor) share that they receive remains of PDLs who allegedly died of natural causes while inside the National Bilibid Prison (NBP), except for those who died from Covid-19. The funeral home reports receiving 50 to 60 remains of PDLs per month on an average. They have similarly made a request for the burial of around 126 bodies that remains unclaimed, pending action from BuCor.

At this point, CHR shares the interest in finding the truth behind the deaths, as well as the conditions that resulted in hundreds of remains of PDLs awaiting proper burial.

CHR, through a joint task force consisting of its Human Rights Protection and Prevention Clusters, has proceeded with an independent investigation of this case and is pursuing other actions pursing the protection of the rights of PDLs and their loved ones even after death.

We remind the government, particularly officers of jails and other detention facilities that, under the UN Standard Minimum Rules for the Treatment of Prisoners or the Mandela Rules, “the prison director shall at once inform the prisoner’s next of kin or emergency contact” in the event of a prisoner’s death (Rule 69) and that “the prison director shall report, without delay, any custodial death, disappearance or serious injury to a judicial or other competent authority that is independent of the prison administration and mandated to conduct prompt, impartial, and effective investigations into the circumstances and causes of such cases” (Rule 71).

We note the current pronouncement of the Secretary of Justice that 120 out of the 176 remains will undergo autopsy and that efforts will be exerted to locate the families of all 176 PDLs who died inside NBP. We hope all 176 bodies will be covered by government investigation.

It is unfortunate that even after death PDLs continue to suffer congestion and deplorable circumstances. With the present actions directed by the Department of Justice and other law enforcement agencies, CHR hopes to lend greater clarity on this case given the degrading conditions in our jails and detention facilities.

It is high-time for the government to take more proactive efforts in ensuring prison reforms in keeping with its obligations under the UN Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment and its Optional Protocol.

CHR supports current proposals and initiatives, including digitisation of PDL records and regionalisation of NBP, with the end-view of achieving decongestion. At the same time, we continue to urge the government to act on establishing a National Preventive Mechanism through legislation as a mechanism in addressing conditions of PDLs that may be tantamount to cruel, inhuman, or degrading treatment or punishment or torture. ###