The Commission on Human Rights (CHR) welcomes the Department of Justice’s (DOJ) commitment to conduct forensic autopsies on deceased inmates. Under the agreement, the DOJ will look into the deaths of inmates under the custody of the Bureau of Corrections (BuCor), in accordance with international standards and good practices.
DOJ Secretary Jesus Crispin Remulla signed the declaration of cooperation aimed at enhancing procedures for investigating custodial deaths of inmates. The declaration was also signed by the University of the Philippines (UP) College of Medicine and the United Nations Office on Drugs and Crime (UNODC).
The DOJ will ensure that deceased inmates from prisons in Metro Manila, including the Correctional Institution for Women, are immediately transported to the UP College of Medicine for forensic autopsies. UP pathologists will perform the autopsies following international standards. Meanwhile, the UNODC will provide technical assistance and support to maintain collaborative efforts.
Rule 71 of the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela rules states 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. The prison administration shall fully cooperate with that authority and ensure that all evidence is preserved.”
We welcome this commitment as it demonstrates our desire to take all necessary steps to protect and uphold the rights of PDLs. We also acknowledge Justice Remulla’s initiative to signify this declaration of cooperation to institutionalise investigation in cases of custodial death of prisoners.
The CHR, in fulfillment of our advisory mandate under the Constitution, also continues to urge the government to pass into law the creation of the country’s National Preventive Mechanism (NPM). The NPM is envisioned to carry out the important role of preventing torture, initiating reforms, and upholding domestic and international standards relating to PDLs and jails and places of detention.
The Commission remains steadfast in its mandate of protecting the rights of all individuals, including those who are in conflict with the law. Ensuring that the deaths of PDLs are thoroughly investigated aligns with the broader goal of safeguarding human rights and upholding justice. ###