The Commission on Human Rights (CHR) lauds the filling of Senate Bill No. 1771, also known as the Death in Custody Reporting Bill.
Senate Bill No. 1771 recognises the importance of transparency and accountability needed in ensuring the welfare of persons deprived of liberty (PDLs) and children in conflict with the law (CICL) convicted of a heinous crime or crimes punishable by reclusion perpetua. The bill mandates the Bureau of Corrections; Bureau of Jail Management and Penology; wardens of the provincial jails; heads of youth detention homes; and youth rehabilitation centers to monthly file reports of deaths to the Departments of Justice; the Interior and Local Government; and Social Welfare and Development; the Supreme Court; and the Commission on Human Rights.
Furthermore, the bill also mandates a motu propio investigation to be conducted by the National Bureau of Investigation in the event of a death of a PDL or CICL while in detention with suspicious circumstances.
The bill defines “suspicious circumstances” as “any circumstance which will lead a reasonable man—based on his skills, experience, and/or understanding of the circumstances—that there is a possibility that the death of a PDL and CICL is fictitious or caused by unlawful means.”
These additional safeguards ensure a transparent justice system and shall act as an effective deterrent against cruel, inhumane, and degrading treatment against detained persons in line with the United Nations Standard Minimum Rules for the Treatment of Prisoners.
As the lead agency in the Interim National Preventive Mechanism, the CHR consistently supports actions that will help improve the well-being and situation of PDLs. Senate Bill No. 1771 will help ensure a more transparent penal system and reinforces CHR mandate in exercising its investigatory and visitorial powers over jails and detention facilities in preventing instances of human rights violations committed against detained individuals.###