The Commission on Human Rights (CHR) issues this urgent advisory to alert and urge the government to decisively address the deaths of Ricardo and Melodia Parojinog while in government custody.
Specifically, we urge custodial authorities to pave the way for the transparent, thorough, speedy, and impartial investigation of the said deaths in custody.
We welcome the investigation of the Philippine National Police on the death of Ricardo and similarly also emphasize the role of the Department of the Interior and Local Government in investigating the death of Melodia who died under the custody of the Bureau of Jail Management and Penology. The Parojinogs were accused of being involved in the drug trade, along with other family members. According to the announcement of the Philippine National Police (PNP) today, 07 September 2020, Melodia died due to cardiogenic shock, a similar cause of death of Ricardo who was found dead in his jail cell last 04 September 2020. The CHR raises the alarm on this announcement in the absence of autopsy reports.
CHR reminds government authorities of their obligations with every occurrence of a death in custody which may be regarded as extrajudicial killing if left uninvestigated and unaccounted for in accordance with human rights standards and principles under the UN Convention Against Torture and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and applicable domestic laws.
Section 2 of R.A. 9745 or the Anti-Torture Act 2009 provides that “to ensure that the human rights of all persons, including suspects, detainees and prisoners are respected at all times; and that no person placed under investigation or held in custody of any person in authority or, agent of a person in authority shall be subjected to physical, psychological or mental harm, force, violence, threat or intimidation or any act that impairs his/her free will or in any manner demeans or degrades human dignity.” (emphasis supplied).
While the Mandela Rules states that, “notwithstanding the initiation of an internal investigation, 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…this rule shall equally apply whenever there are reasonable grounds to believe that an act of torture or other cruel, inhuman or degrading treatment or punishment has been committed in prison, irrespective of whether a formal complaint has been received.” (emphasis supplied).
We note that Reynaldo’s two children—Former Vice Mayor Nova Parojinog and Reynaldo Parojinog Jr—remain in government custody.
The CHR emphasizes that while criminality should not be countenanced, due process should not be compromised in the wake of deaths in custody.
We recommend the following urgent action:
- Act promptly in determining the true causes of death of Melodia and Ricardo Parojinog and secure the protection of Reynaldo Jr and Nova Parojinog who are still in detention. The human rights of all persons, including suspects, detainees, and prisoners must be respected at all times. Accountability must be established following the deaths in custody.
- Ensure a full and impartial autopsy as requested by the family, and guarantee that the remains of the Parojinog siblings will not be buried until such autopsy is undertaken. The safety and security of the medical examiner or pathologists conducting the autopsy must be provided and guaranteed.
- File appropriate charges, administrative and/or criminal in nature, against erring officers who were responsible for the deaths under custody, if applicable.
- Cooperate with the CHR to implement the constitutional mandate on jail visitation and in obtaining forensic evidence to ascertain if there are human rights violations committed against the Parojinog siblings while they were in custody.
- We urge all custodial authorities to immediately report all occurrences of deaths in custody to the CHR as part of their regular reporting obligation under Republic Act No. 9745.
ISSUED this 7th day of September 2020, Quezon City, Philippines.