The widespread congestion of jails has been a persistent problem in our country. In recent years, it has worsened due to the high and sudden influx of arrested suspects in relation to the anti-drug campaign. There are also other reasons such as delay in the issuance of commitment orders, slow disposition of cases or protracted trials, small lock-up cells, and the inability of detainees to post bail.
Many jails house 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. The report of the Philippine National Police – Internal Affairs Service’s (PNP-IAS) that more than 450 inmates have died under the current administration while in police custody and the recent deaths in the New Bilibid Prison further raise the alarm. While there is recognition of the severity of this urgent human rights concern, it must be coupled with both immediate and long term efforts that will genuinely improve the conditions in jail.
The Commission harps again our previous reminders and call to address this worsening problem. In particular, we ask the Department of Interior and Local Government (DILG) and the PNP to revisit the advisories and position paper issued by the Commission as a result of the Torture Prevention Ambassador (TPA) Project. Launched in October 2014, the TPA Project was done in collaboration with the PNP and through the initiative of the Asia Pacific Forum and Association for the Prevention of Torture.
We wish to undersore the CHR advisory in December 2015 on the lack of standard police stations and lock-up cells in some municipalities and cities, which urged LGUs to donate lots to help the PNP’s ongoing program providing for the construction of model police stations. It is commendable that some LGUs — such as Pagsanjan, Laguna and Puerto Princesa, Palawan — immediately responded to this call . We encourage other identified LGUs to follow suit and fast track the donation of lots as well as shoulder their counterpart in the construction of model police stations to help address the congestion problem.
Further, there is a need for the LGUs and the PNP to constantly revisit areas allocated for detention facilities taking into account the increase in population and crimes. Adequate resting quarters for the policemen must also be provided to ensure their welfare since studies found that stress and exhaustion can contribute to abuse and torture.
Overcrowding and the conditions it breeds are tantamount to cruel, degrading, inhuman treatment or punishment. It transgresses the very core of human dignity. Prisons are meant to help restore and rehabilitate persons deprived of liberty (PDL) and not diminish their humanity. The unceasing crisis in detention facilities require nothing but expedient and unwavering action from all relevant State instrumentalities to genuinely restore the welfare and dignity of PDLs. ###