Ugnayang Bayan 2015 - Convention Against Torture (CAT)

On State’s protection, On State’s protection, promotion and promotion and fulfillment of the rights fulfillment of the rights of persons against of persons against torture and other cruel, torture and other cruel, inhuman or degrading inhuman or degrading treatmenttreatmentDirector Leocadio T. Trovela, Director Leocadio T. Trovela,

CESO IVCESO IVNBOO, DILGNBOO, DILG

November 6, 2015November 6, 2015

Convention Against Torture (CAT)• United Nations Convention Against Torture

International human rights treatyAims to prevent torture and other acts of

cruel, inhuman, or degrading treatment or punishment around the world

• The Convention requires state parties take effective measures to prevent torture forbids states to transport people to any

country where there is reason to believe they will be tortured

• December 10 1984 – text of the Convention was adopted by the UN General Assembly

• June 26, 1987 – ratified by 20th state party and came into force – accepted as a principle of customary

international law• June 18, 1987 – Philippine Government acceded

to the Convention • As of May 2015, the Convention has 158 state

parties.

Convention Against Torture (CAT)

Administrative Order No. 163“Strengthening and increasing the

membership of the Presidential Human Rights Committee and expanding further

the functions of the said Committee”

The Order specifically designates the Department of the Interior and Local Government (DILG) which has jurisdiction over the Philippine National Police, the Bureau of Jail Management and Penology, and the local government units to lead an inter-agency working group and to coordinate for compliance with and implementation of the Convention Against Torture.

To ratify the international convention for the To ratify the international convention for the protection of all persons from enforced protection of all persons from enforced

disappearances (ICPAPED)disappearances (ICPAPED)

Thematic Objectives

To enact appropriate legislation and supporting To enact appropriate legislation and supporting EOs, AOsEOs, AOs

To heighten awareness of, and respect for HR To heighten awareness of, and respect for HR among state agents, and the general publicamong state agents, and the general public

To enhance preventive and protective To enhance preventive and protective mechanismsmechanisms

To implement RA 9745 (Anti-Torture Law of 2009)To implement RA 9745 (Anti-Torture Law of 2009)

Agency Treaty Implementation PlanAgency Treaty Implementation Plan

THEMATIC OBJECTIVE 1:To Implement RA 9745 (Anti-Torture Law of To Implement RA 9745 (Anti-Torture Law of

2009)2009)Targets:Comprehensive and updated Database on Detention Centers and Other Places of DeprivationUnrestricted exercise by the CHRP of its Visitorial PowersFormulation of Rehabilitation Programs

Agency Treaty Implementation Agency Treaty Implementation Action PlanAction Plan

THEMATIC OBJECTIVE 1:To Implement RA 9745 (Anti-Torture Law of 2009)To Implement RA 9745 (Anti-Torture Law of 2009)

Targets:Training and practice on the Istanbul Protocol as spelled out in the IRREducation and information campaign for security sector and law enforcement agencies, medical personnel, public officials and schoolsConvening of the Oversight Committee

THEMATIC OBJECTIVE 2:To Enhance Preventive and Protective MechanismsTo Enhance Preventive and Protective Mechanisms

Targets:Setting-up of the National Preventive Mechanism, Unified Penitentiary System, enforcement, and operationalization of command responsibility in the police, military and custodial servicesInstitutionalization of release on recognizance and such other paralegal measures

THEMATIC OBJECTIVE 3:To heighten awareness of, and respect for HR among state To heighten awareness of, and respect for HR among state

agents, and the general publicagents, and the general publicTargets:Impact/evaluation studies of education and training on HR within security/custodial system20% of the manpower of law enforcement agencies trained annuallyDecrease in the incidence of torture involving law enforcement agencies

THEMATIC OBJECTIVE 4:To enact appropriate legislation and supporting EOs, AOsTo enact appropriate legislation and supporting EOs, AOs

Targets:•Evaluation/assessment of studies/ legal/ judicial/administrative measures, and mechanisms relative to the prevention of HR violation particularly with reference to the CAT and RA 9745•Legislative advocacy up to the 2nd reading of the NPM

THEMATIC OBJECTIVE 5:To ratify the international convention for the protection of all persons from enforced disappearances To ratify the international convention for the protection of all persons from enforced disappearances

(ICPAPED)(ICPAPED)

Targets:Legislative advocacy

Background on the Report Preparation Process

ACCOMPLISHMENTSACCOMPLISHMENTS//SUCCESS AREASSUCCESS AREAS

• Full computerization of prison records • The Simplified Inmates Records System to

detention prisoners has been upgraded to National Inmates Monitoring System

• As of September 2015, the PNP has attained 100% inspection of its 54 custodial facilities and regularly submitted on a monthly basis report thereof to CHR

THEMATIC OBJECTIVE 1:To implement RA 9745

(Anti-Torture Law of 2009)

Accomplishments/Success Areas

• On capacity building for law enforcers,– 131 trained custodial officers of NCR

Police Office– 3,500 distributed IEC materials on RA 974

and 1,500 posters bearing the Rights of Persons Under Arrest/Custodial Investigation nationwide

• On prosecution of perpetrators of torture,– Ex-Police Senior Inspector Joselito

Binayug was arrested last April 2013– At least four (4) PNP personnel had been

administratively charged and were later dismissed from the police service for their involvement in the so-called “Wheel of Torture” incident

• Established the Human Rights Affairs Office (HRAO) and the Human Rights Desk (HRD)

• Completed issuance of Security Identification Cards to all its personnel nationwide bearing an Anti-Torture message

• Issued Special Operating Procedure (SOP) No. 2010-08 based on the “Basic Principles on the Use of Force and Firearms”

• Formulation and implementation of the Comprehensive Rehabilitation Program for Torture Victims and Their Families and those who Committed Torture and other Cruel, Inhuman and Degrading Treatment or Punishment

• Institutionalization of the Therapeutic Community Modality Program (TCMP)in 258 jails or 56% of jails nationwide

• Established a mechanism for reporting torture cases through the Policy on Mandatory Reporting of Torture Cases dated April 2, 2014

• Development of Human Rights Violation Monitoring Mechanism

• Creation and Operationalization of its Human Rights Desks nationwide– 2,108 PNP Human Rights Desks were

created and fully operational – 165 dialogues/fora with other HR

stakeholders undertaken

THEMATIC OBJECTIVE 2:To enhance preventive and protective mechanisms

• Activation of paralegal corners and desks in all jails

• Surprise inspections in jails are conducted to determine if paralegal programs are properly and timely implemented

• Implementation of decongestion measures that will improve human rights conditions in jails

• Monitoring of Inmates’ cases in courts by designated Paralegal Officer in every jail– In 2014 alone, 37,706 BJMP inmates were released with the assistance of BJMP Paralegal Officers nationwide

• Supports the establishment of a national preventive mechanism against torture in the Philippines, embodied in House Bill No. 2401

• BJMP adheres to its existing policy under Rule III of the BJMP Manual which provides the manner of handling inmates with special needs

• Memorandum of Understanding (MOU) between the PNP and Hanns Seidel Foundation/Germany (HSF) on the joint training projects and holding of human rights forums for the promotion of Human Rights in the PNP for 2015

• Formulated programs thrusts in HR through its HRAO

– CLICK HR (Computer-aided Learning and Inventory of Comprehension and Knowledge on Human Rights)

– STAR (System Synergy and Team Approach)

– “Respect for HR as a Way of Life in the PNP”

• The International Policing Standards and Principles and the International Humanitarian Law are now included in the Program of Instructions for uniformed service career courses.

• DILG and CHR issued a Joint Memorandum Circular on December 16, 2014 entitled “Mainstreaming Human Rights Through Rule of Law and Access to Justice at the Level of Provinces, Cities, Municipalities and Barangays”

• From 2012-2014, 1,492 capability building activities were conducted by HRAOs and the 17 Regional Human Rights Desks

• In 2013, 59 custodial personnel received training on counseling and application of the TCMP

• In 2012, 35 medical personnel attended Emergency Medical Response Team Training

THEMATIC OBJECTIVE 3:To heighten awareness of, and respect for HR among state agents, and the general public

• In 2011, 21 personnel representing 20 jails and the National Jail Management and Penology Training Institute (NJMPTI) attended a training conducted by CHR on Anti-Torture and Human Rights

• Conducted Gender Sensitivity Training (GST) for PNP Personnel as well as a series of LGBT trainings

• The PNP conducted and attended human rights and IHL trainings in partnership with Alternative Law Group (ALG) and International Committee of the Red Cross (ICRC)

• Conducted Top Level Forum and Workshop on International Law Enforcement Standards for Senior Police Officers

• HR and IHL Advocacy Campaigns

• First Southeast Asia Human Rights Forum for Police Officials

• Human Rights has been incorporated in the POI for jail officers in the NJMPTI

• A Detainee Information Sheet is provided to inmates as soon as they are committed to a BJMP facility

• PNP has made strides in the Security Sector Reforms(SSR) which includes provision of human rights education and training for uniformed services, as required under CY 2011-2016 National Security Police of President Aquino

• Human rights offices as well as the designation of HROs were institutionalized in the PNP and in the AFP

• Landmark laws were passed such as,– Bureau of Corrections Modernization Act of

2013 – RA 9262 or “Anti-Violence against Women

and their Children Act of 2004”• Passage of laws to decongest jails

– RA 10159 or “An Act Amending Article 39 of Act No. 3815, as Amended, Otherwise Known as the Revised Penal Code”

– RA 10389 or “The Recognizance Act of 2012”

THEMATIC OBJECTIVE 4:To enact appropriate legislation and

supporting EOs, AOs

• Prepared Bill on Alternative to Imprisonment based on the UN Tokyo Rules of the UN Standard Minimum Rules for Non-Custodial Measures

• Participated in congressional hearings and expressed support for the enactment of landmark human rights laws such as,

–RA 9745 or “Anti-Torture Law”–RA 10353 or “Anti-Enforced Disappearance

Law”

supporting EOs, AOs

Cont…

–RA 9851 or “International Humanitarian Law”–RA 10368 or “Law on Recognition and Reparations for Victims of Marital Law”

supporting EOs, AOs

• Enacted landmark human rights laws such as,– Anti-Enforced or Involuntary Disappearance

Act of 2012– Philippine Act on Crimes Against

International Humanitarian Law– Genocide and Other Crimes Against

Humanity– Law on the Recognition and Reparations for

Victims of Martial Law

THEMATIC OBJECTIVE 5:To ratify the international convention for the

protection of all persons from enforced disappearances (ICPAPED)

• Administrative Order No. 35 , series of 2012 created the Inter-Agency Committee on Extra-Legal Killings, Enforced Disappearance, Torture and Other Grave Violations of the Right to Life, Liberty and Secutiry of Persons

THEMATIC OBJECTIVE 5:To ratify the international convention for the

protection of all persons from enforced disappearances (ICPAPED)

CHALLENGESCHALLENGES

• Unavailability of donor funds– Dependent on external support

• Changes in project partner priorities• Limited resources to support

infrastructure development, technology enhancement, and training needed to address torture

Challenges

WAYS FORWARDWAYS FORWARD

• The government is moving towards an Inter-Agency Single Carpeta System that would link all records and information of prisoners, detainees, and those in other places of deprivation

• Establishment of Referral System, Mandatory Registry and Centralized Juvenile Justice Welfare Information Management System

Ways Forward

• Restructuring of PNP HRAO• Strengthening of PNP’s Core

Competency Investigation Training Program

• Establishment of the eSubpoena and eWarrant and continuous collaboration/partnership with various stakeholders

Ways Forward

• BJMP IT connectivity, jail expansion and rehabilitation of its facilities

• Upgrading and strengthening of its human rights advocacies

Ways Forward

COMMITMENT OF COMMITMENT OF SUPPORTSUPPORT

Thank you!Thank you!

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