MEDIUM TERM
(2)
Full establishment of
mechanisms, and
measures toward
enforcement of RA 9745
As of 30 April 2015, total number of
detention centers and other places of
deprivation nationwide is 1,807 with a
total number of 152,210 persons
deprived of liberty (PDL).
Database on detention centers
was provided by all concerned
government agencies.
Government is moving
towards an Inter-Agency
Single Carpeta System
linking all records and
information of prisoners and
detainees.
The government through the BuCor has
achieved full computerization of its
prison records. For detention
prisoners, through the BJMP has also
upgraded its Simplified Inmates
Records System (SIRS) into National
Inmates Monitoring System (NIMS).
Funds for Inter-Agency Single
Carpeta System is provided in
the 2016 Budget.
System roll out
(implementation) of One
Carpeta Project in 2016. It is
a project funded under the E-
Government Fund thru the
Justice, Peace and Order
Cluster of Medium-Term
Information Technology
Harmonization Initiative
(MITHI), a web version of
the National Inmates
Monitoring System (NIMS).
Real-time generation of
inmate information 24/7
through the Integrated Jail
Management Information
System (i-JMIS).
Inspection of Custodial
Facilities
As of September 2015, 100% or 54
custodial facilities were inspected
Congested Custodial Facilities
due to the following factors:
a. Representation and
collaboration with Supreme
court administrator re:
1. Comprehensive and
Updated Database on
Detention Centers and
Other Places of
Deprivation
THEMATIC OBJECTIVE 1 TO IMPLEMENT RA 9745 (ANTI-TORTURE LAW OF 2009)
STRATEGIC INDICATOR: FULL AND SUSTAINED IMPLEMENTATION OF RA 9745
TARGETS
2012-2016
PAPS
PROGRAM
ACTIVITIES AND
PROJECTS
(3)
DATA VALIDATION/ ADDITIONAL
INPUTS/ ENHANCEMENTS
(4)
ASSESSMENT WHETHER
TARGETS ARE MET/
CHALLENGES/ HINDERING
FACTORS (5)
RECOMMENDED NEXT
STEPS (6)
ANNUAL
(1)
Submission of Updated List of Custodial
Facilities and List of Persons under
Custody is done every month.
a. Slow or delayed
issuance of commitment order
by the court;
1. Immediate
issuance of commitment
order;
b. Slow disposition of cases
or protracted trials;
2. Speedy disposition
of cases; and
c. Inadequate space of
custodial facilities;
3. Utilization of
release and recognizance
for petty offenses;
d. Inability to post bail by
the detainees, often due to
excessive amount of bail;
b. Expand or build new
custodial facilities;
e. Lack of funds for the
transfer of arrested suspects to
the issuing court located
outside of their jurisdiction; and
c. Allocate funds for the
transfer of person under
custody;
d. Temporary transfer of
suspects to BJMP facilities
in the absence of
commitment order;
e. Creation of TWG,
inviting representatives from
BJMP and DILG to address
said issues/concerns;
f. Medical check-up by
PNPHS to person under
custody should be done
before and during custodial
investigation
No separate facilities for
male/female/Children In
Conflict with Law (CICL)
/Lesbian, Gay, Bisexual,
Transgender (LGBT)
Custodial facility provisions
for male/female/Children In
Conflict with Law (CICL)
/LGBT.
PNP to focus on arrest,
service of warrants and filing
of cases rather than to hold
suspects under custody
beyond the reglementary
period.
Submission of Updated
List of Custodial
Facilities and List of
Persons under Custody
to the Commission on
Human Rights.
f. Sudden Influx of
arrested suspects apprehended
due to increase in anti-
criminality campaign and
operations such as buy-bust
operations, saturation drive and
checkpoints as a result of one
time-big time police operations
Awareness campaigns
for duty bearers and
claim holders
Lack of budget to support
funding for the following:
a. Human Rights training
for custodial officers;
b. Printing and
Reproduction of IEC materials
on R.A. 9745;
b. Distribution of
posters and
Information, Education,
and Communication
(IEC) materials on RA
9745
As of September 2015, 3,500 IEC
materials on RA 9745 were distributed
nationwide
c. Printing and
Reproduction of Posters
bearing the Rights of Persons
under Arrest/Custodial
Investigation
Acquire additional funds to
support the training, printing,
reproduction of IEC
materials and policy
formulation.
c. Distribution and
Posting of Posters
bearing the Rights of
Persons under
Arrest/Custodial
Investigation.
As of September 2015, 1,500 Posters
bearing the Rights of Persons under
Arrest/Custodial Investigation were
distributed nationwide
Most initiatives are funded by
local and international partners.
While this situation
demonstrates the high level of
trust conferred by other
organizations towards the PNP,
it also shows that many Human
Rights initiatives are dependent
on external support.
Crafting of policy of
undertaking by PNP
personnel that having read
and understood the Miranda
and Anti-torture Warning
before the conduct of police
operation.
Distribution and mandatory possession
of PNP pocket card bearing Miranda
Warning and Anti-Torture Warning and
the Reading them during
Arrest/Custodial Investigation.
Translation of Miranda
doctrine to other languages
DSWD maintains an updated data of its
Regional Rehabilitation Centers for
Youth.
Establishment and
Institutionalization of a
Referral System, Mandatory
Registry and a Centralized
Juvenile Justice and
Welfare Information
Management System with
Juvenile Justice Welfare
Council as the lead agency
on this matter pursuant to
Section 12 of RA 9344 as
amended by RA 10630.
As of September 2015, PNP HRAO has
trained 131 custodial officers of
National Capital Regional Police Office
a. Human Rights
Refreshers Training for
custodial Officers
(Capacity building for
law enforcers )
Juvenile Justice and Welfare Council
(JJWC) developed, issued and
disseminated the Revised Implementing
Rules and Regulations of RA 9344 as
amended by Republic Act Nr 10630
which provided for the creation of 17
Regional Juvenile Justice and Welfare
Committees to oversee the
implementation of the law and these
RJJWCs are already established.
JJWC passed Resolution No. 2012-50,
Urging the PNP to Cease from
Reporting Commission of Status
Offenses and Rugby-Sniffing Minors as
Crimes Committed by Children,
administered capacity building
interventions for government employees
involved in the administration of juvenile
justice and welfare system, and
prepared a 5-Year National ICT
Investment Plan towards the
establishment of a national information
management system on CICL cases.
CHRP to continue its efforts
to further improve the
State’s compliance to CAT.
A system of CHRP’s
unhampered/unhindered access and
visits in detention centers managed by
PNP, BJMP, BuCor, AFP and other
concerned agencies is in place.
Some detention authorities
have strict guidelines and
protocols on visitation which
hinder the speedy visit of the
CHR.
Revisit existing policy on
access to places of
deprivation by concerned
agencies to ensure
unrestricted exercise of
CHRP's visitorial powers.CHRP has the liberty to choose the
detention centers to visit and has the
unobstructed opportunity to conduct
private interviews with prisoners and
detainees.
24-7 unrestricted access to
restricted areas specifically
inside police camp which are
regulated by security
regulations (AO Nr 69 dated
March 26, 1969 “Classification
of Classified Documents and
Restricted Areas”)
Reconcile the security policy
of restricted areas covered
by existing laws and
unrestricted exercise of
visitorial powers by the CHR
2. Unrestricted Exercise
by the CHRP of its
Visitorial Powers
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 signed by the
Secretaries of the Departments of
Justice, Social Welfare and Health.
This newly conceptualized
rehabilitation program for
torture victims is not yet fully
disseminated nationwide.
Expansion of the
implementation of concrete
Rehabilitation Program and
formulation of its
Implementing Rules and
Regulations by concerned
government agencies.
Refresher training
course mechanism,
mind-setting about HR.
Lack of policy in rehabilitating
offenders and mainstreaming
reformed PNP members back
to the organization.
To conceptualize, develop,
and implement a system
that will define the
processes of deployment of
rehabilitated offenders back
to active field duty status.
To develop a system where
HRAO will be the sole
authority to grant Human
Rights clearance as a pre-
requisite prior to
redeployment.
The BJMP came up with Standard
Operating Procedures Number 2014-04
on how to implement this
Comprehensive Rehabilitation Program
for Torture Victims and those who
Committed Torture and Other
Degrading Treatment or Punishment.
Other concerned agencies
have not yet prepared the IRR
Following programs are being provided
by the government through the BJMP
that promotes the rehabilitation of
inmates:
Lack of support for
rehabilitation programs
Identification
ofSpecific/Concrete
rehabilitation program for
torture victims and
perpetrators
a. Therapeutic Community Modality
Program in all BJMP-manned jails
nationwide – A self-help social learning
treatment model which utilizes the
community as the primary therapeutic
vehicle to foster behavioral and
attitudinal change and a mechanism
that allows immediate action to be done
on complaints of torture, provide
deterrence to violation and provides
focal point for prevention of torture.
3. Formulation of
Rehabilitation Programs
b. Creation of Directorate for Inmate
Welfare and Development – This
resulted to equal focus lent to inmate
welfare and development admittedly
neglected before due to the strong
emphasis on jail security alone.
Sunning activity which is indispensable
for good health, sports activities, food
nutrition.
Likewise, the following support
programs for torture victims and
perpetrators are being provided through
the DSWD RRCY Rehabilitation
Programs and Services:
1. Homelife Services
Provides a home environment and
group living arrangement well balanced,
organized and non-formal activities for
the youth
2. Treatment intervention-
a. Counseling Services
b. Milieu Therapy
c. Behavior Modification
d. Therapeutic Community
3. Support Services/Intervention
a) Competency and Life Skills
Development
b) Vocational Training Livelihood and
Productivity Program
c) Socio-Cultural and Recreational
Program
d) Spiritual Enhancement Program
e) Leadership Skills Training
f) Medical and dental services
Capacity building for
medical practitioners
on Istanbul Protocol
The government through the Health
Facility Development Bureau of the
Department of Health mainstreamed
anti-torture law in the health sector
through:
a) Review and revision of treatment
protocols at the National Center for
Mental Health;
b) Pilot testing the DSWD-NGO-DOH
referral process for treatment and
rehabilitation of victimes or torture;
c) MOA with CHR and HRV CLAIMS
BOARD on non-monetary reparations:
medical and rehailitation finalized; and
d) Preparations for the Scientific
Conference on the Management and
Rehabilitation of Torture Victims to be
held on November 11-12, 2015 for 17
regional training officers, 70 Chiefs of
DOH hospitals; 40 city health officers
and 40 municipal health officers.
Training for medical
practitioners has started to
mainstream anti-torture law in
the health sector. .
Priority on capacity building
for medical practitioners on
Istanbul Protocol
CHRP and MAG conducted lectures on
Istanbul Protocol.
Holding of lecture series on
Istanbul Protocol for proper
documentation of torture
cases.
Revisit the existing
Program of Instruction
(POI) to integrate
systematic
investigation of torture.
Lack of Information System and
Software application to be used
as vehicle for distribution of
IEC materials
Revisit, re-assess and re-
evaluate trainings
4. Training and Practice
on the Istanbul Protocol as
spelled out in the IRR
BJMP continuously conduct
trainings/seminars/symposia for
custodial personnel charged with the
treatment of persons deprived of Liberty
and medical personnel involved with
detainees, on the guidelines to detect
signs of torture and ill-treatment in
accordance with international
standards. In the first semester of 2013
alone, 59 custodial personnel received
training on counselling and application
of Therapeutic community Modality
Program, a key component of the Anti-
torture strategy adopted by the BJMP.
In 2012, another 35 medical personnel
attended Emergency Medical Response
Team Training including detection of
signs of torture and ill-treatment.
Holding of Donors’ Forum
Ensure training as a priority
in annual planning sessions
To revisit, re-assess and re-
evaluate trainings.
Incorporation of 10%
Human Rights
Questions in the
Promotional
Examinations;
Promotional Exam is being conducted
twice a year.
To collaborate with other
agencies for a holistic
approach in the conduct of
HR trainings.
Certain trainings did not push
through or were significantly
delayed due to limited funds or
security concerns.
Series of Specialized Training is being
conducted every year wherein each
participant is required to conduct re-
echo training with a minimum of 100
PNP personnel for at least 16 hrs
training period.
Inclusion of Human
Rights-Based Policing
in the Program of
Instruction of all
Specialized Training in
the PNP;
5. Education and
information campaign for
security sector and law
enforcement agencies,
medical personnel, public
officials, and schools
Incorporation of 15%
Human Rights Module
in all mandatory
schooling and training.
Human Rights Module were already
incorporated in all mandatory
schoolings and trainings
Trainings and
Seminars on Human
Rights and the Anti-
Torture Law are given
to all law enforcers to
include the custodial
officers, prison and jail
personnel to heighten
their awareness of, and
respect for HR.
For CY 2015, PNP HRAO has trained
131 custodial officers of National
Capital Regional Police Office
DSWD accomplished the following:
1. Conduct of Physical and
Psychological examinations of CICL
before admission to Regional
Rehabilitation Centers for Youth to
identify possible incidents of torture or
trauma.2. DSWD Central Office
comprehensively monitor and provide
technical assistance to RRCYs
nationwide through desk monitoring
(review or reports and provision of
inputs/comments) and field monitoring .
(Executive Order No. 15, series of 1998
as amended by Executive Order No.
221)
All PDEA detention facilities maintain a
register of detainees which is being
updated monthly and regularly
submitted to CHR
Spot visits to PDEA detention facilities
were conducted by CHR; relatives and
counsels were allowed to confer with
PDEA detainees
PDEA created the Detention Facility
Manual to standardize the rules and
procedures in all its detention facilities
and trained 86 prison guards
PDEA incorporated the Human Rights
Advocacy modules (with emphasis on
RA 9745, RA 7438, Rules on Arrests –
Rule 113 of the Rules of Court, Article
125 of the Revised Penal Code) in the
training for investigation, intelligence,
and leadership courses participated in
by 148 Drug Enforcement Officers
Lobby for prompt action
of concerned agencies
CHR convened the Committee in
February 5, 2014. During the first
meeting, the Rules of Procedures of the
Oversight Committee was drafted.
The meeting of the Oversight
Committee on October 19,
2015 purposely to approve the
internal procedures was moved
to a later date.
Follow-through/Second
Meeting for 2016 to approve
the proposed Rules and
Regulations of the Oversight
Committee
Review of the
Implementation of the Anti-
Torture Law
Strengthening Investigation
and Documentation of
Torture Cases and Actions
Taken
6. Convening of the
Oversight Committee.
MEDIUM TERM
(2)
Sustained/continuous
installation, and
enhancements of targeted
preventive, and protective
mechanisms
Lobby for appropriate
action/background
studies on measures
for institutional
protection of victims,
education and
information campaign
on preventive and
protective mechanisms
Submitted Position Papers before the
House of Representatives and Senate
on bills pertaining to establishment of
National Preventive Mechanism and
continues to support these bills.
House Bill No. 2152 re-filed
before the 16th Congress aimed
to strengthen the Commission
on Human Rights and for Other
Purposes was likewise not
passed because of more urgent
concerns which need to be
acted upon by the legislators.
Continuous lobbying for the
enactment of the law to
accelerate the process of
establishing an independent
and effective NPM and to
strengthen the CHRP.
Development of Human
Rights Violation
Monitoring Mechanism
For CY 2015, 17 PNP personnel were
allegedly involved in Human Rights
violation cases.
Lack of accountability of
Human Rights Officers in the
field because they are not
directly answerable to HRAO.
Establishment of
mechanism to enhance
monitoring of HRV
incidents/cases involving
PNP personnel.
Creation and
Operationalization of
PNP Human Rights
Desks nationwide
2,108 PNP Human Rights Desks were
created and fully operational.
Conducted multi-
sectoral cooperation
activities.
For CY 2015, 165 dialogue, fora, and
symposia with other stakeholders were
conducted.
Part of anti-torture strategy, PNP
inspected 2,915 Police Custodial
Facilities
1. Setting-up of the
National Preventive
Mechanism, Unified
Penitentiary System,
enforcement, and
operationalization of
command responsibility in
the police, military and
custodial services;
ANNUAL
(1)
2012-2016
THEMATIC OBJECTIVE 2 TO ENHANCE PREVENTIVE AND PROTECTIVE MECHANISMS
STRATEGIC INDICATOR: PREVENTIVE, AND PROTECTIVE MECHANISMS FULLY ESTABLISHED, AND INSTITUTIONALIZED, WHICH REFERS TO AN EMPOWERED
COMMISSION ON HUMAN RIGHTS, SETTING UP OF THE NATIONAL PREVENTIVE MECHANISM, AND OTHER MEASURES
TARGETS
PAPS
PROGRAM
ACTIVITIES AND
PROJECTS
(3)
DATA VALIDATION/ ADDITIONAL
INPUTS/ ENHANCEMENTS
(4)
ASSESSMENT WHETHER
TARGETS ARE MET/
CHALLENGES/ HINDERING
FACTORS (5)
RECOMMENDED NEXT
STEPS (6)
Restructuring of the Human
Rights Affairs Office to
empower or capacitate
HRAO to implement the
programs, projects and
activities effectively under
LOI PAMANA and to
mobilize Human Rights
Officers at the National,
Regional, Provincial, City
and Municipal levels in the
conduct of Human Rights
related policy formulation,
human rights trainings and
education, human rights
prevention mechanisms,
fostering multi-sectoral
cooperation and provide
HRAO with the necessary
administrative and
operational control overall
PNP Human Rights Desks
and Officers.
Other PNP’s initiatives to prevent
torture include the strict implementation
of the Policies on Banning Hazing and
Other Forms of
Continuous collaboration
and strong partnership with
stakeholders
Maltreatment in all Police Education &
Training Activities and on Anti-Torture
and Human Rights Protection Training
for Detention Authorities.
DILG, CHRP and other government
agencies and civil society organizations
have signed the Declaration of Support
for the National Monitoring Mechanisms
(NMM) on Human Rights on December
16, 2014 to monitor and address
incidences of human rights violations in
the Philippines.
DILG issued Joint Memorandum
Circular No. 1, Series of 2014, dated 16
December 2014 on “Mainstreaming
Human Rights Through Rule of Law
and Access to Justice at the Level of
Provinces, Cities, Municipalities and
barangays”, which mandates the
creation of Human Rights Committee as
one of the standing committees of
respective Sanggunian. Also said
circular mandates the establishment of
Human Rights Action Teams and
Human Rights Action Center at all LGU
levels to ensure mainstreaming of HR in
local governance.
Part of anti-torture strategy, PNP
inspected 2,877 Police Custodial
Facilities, conducted multi-sectoral
cooperation activities. Other PNP’s
initiatives to prevent torture include the
strict implementation of the Policies on
Banning Hazing and Other Forms of
Maltreatment in all Police Education &
Training Activities and on Anti-Torture
and Human Rights Protection Training
for Detention Authorities.
On 14 March 2014, the BJMP issued a
Policy on Mandatory Reporting of
Torture Cases.
DSWD implements measures to
prevent torture through its Joint
Monitoring Team of Protective Services
Bureau and the National Inspectorate
Committee’s continuous assistance and
services.
DSWD implemented Community-Based
Programs which are preventive,
rehabilitative and developmental that
mobilize the family anad community to
respond to a problem/need/concern of
children, youth, women, person with
disabilities, older persons and families
who are in need and at risk; and Center-
Based Programs and Services
conducted in centers and facilities
which provide 24-hour alternative family
care to poor vulnerable and
disadvantaged individuals and families
in crisis whose need cannot be met by
their families and relatives or by any
other form of alternative family care for
a period of time.
Passage of RECOGNIZANCE ACT OF
2012 (RA 10389),
INSTITUTIONALIZING
RECOGNIZANCE AS A MODE OF
GRANTING THE RELEASE OF AN
INDIGENT PERSON IN CUSTODY AS
AN ACCUSED IN A CRIMINAL CASE
AND FOR OTHER PURPOSES”
Salient Features:
The right of persons, except those
charged with crimes punishable by
death, reclusion perpetua , or life
imprisonment, to be released on
recognizance before conviction by the
Regional Trial Court, irrespective of
whether the case was originally filed in
or appealed to it, upon compliance with
the requirements of this Act, is hereby
affirmed, recognized and guaranteed.
Section 5. Release on Recognizance
as a Matter of Right Guaranteed by the
Constitution. The release on
recognizance of any person in custody
or detention for the commission of an
offense is a matter of right when the
offense is not punishable by death,
reclusion perpetua , or life
imprisonment:
Provided, That the accused or any
person on behalf of the accused files
the application for such:
(a) Before or after conviction by the
Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities
and Municipal Circuit Trial Court; and
2. Institutionalization of
Release on
Recognizance, and such
other paralegal measures
(b) Before conviction by the Regional
Trial Court: Provided, further, That a
person in custody for a period equal to
or more than the minimum of the
principal penalty prescribed for the
offense charged, without application of
the Indeterminate Sentence Law, or any
modifying circumstance, shall be
released on the person’s recognizance.
Along with the paralegal program, these
laws will substantially decongest the
jails which are the main cause of the
sub-human condition in many jails.
Reorganized BJMP Regional, Provincial
and
Unit Paralegal Offices and Activated
Paralegal Corners and Desks in every
city, district and municipal jails
nationwide, visible and accessible for
every inmate who wants to avail of the
services offered by the program
Reinforced the capability of the
Paralegal Officers to address the
concerns of inmates through the
conduct of Paralegal Trainings
Conducted surprise inspections to jails
to determine if paralegal programs are
implemented
Developed and Distributed BJMP
Paralegal Manual and Resource Book,
in partnership with the Humanitarian
Legal Assistance Foundation (HLAF)
PDEA created the Welfare Desk for
Children and Women to continuously
monitor the status of children and
women involved in illegal drugs
activities under PDEA custody.
MEDIUM TERM
(2)
90% of the police, military
and custodial services are
well trained on human
rights.
Impact/evaluation
studies on HR(i.e.
custodial system and
educational system)
A total of 41,000 PNP personnel have
undergone training on HR laws from
2012-2015 and 1,492 capability building
activities were also conducted from
2012 to 2014.
While the target number of
trained PNP personnel on HR
was not met, in 2014, the
following were achieved:
Recommendation to the
PNP leadership for
additional financial support
for the conduct of training on
Human Rights.
Under CY 2011-2016 National Security
Policy, police, military and other
concerned member-agencies made
great strides in the conduct of Human
Rights Education and Training for the
Security Sector.
a. Human Rights Module in
all PNP mandatory
schooling/trainings;
Close monitoring of
custodial facilities.
b. Anti-Torture and Human
Rights Protection Training is
mandatory for all custodial
personnel; and
Sustain harnessing of
support from CHRP, civil
society organizations and
other human rights
defenders in advancing the
country’s human rights
agenda.
c. Inclusion of Human Rights-
Based Policing module in all
PNP Career Courses.
Use of HR case studies
method in the conduct of
interview for promotion.
All PNP Custodial Personnel have
undergone the Anti-Torture and Human
Rights Protection Mandatory Training.
- 20% of the
manpower of law
enforcement agencies
trained annually.
ANNUAL
(1)
2012-2016
- Impact/evaluation
studies of education and
training on human rights
within security/custodial
system, and in the
THEMATIC OBJECTIVE 3 TO HEIGHTEN AWARENESS OF, AND RESPECT FOR HR AMONG STATE AGENTS, AND THE GENERAL PUBLIC.
Strategic Indicator: Decreased number or absence of complaints of human rights violations more particularly against CAT and RA 9745
TARGETS
PAPS
PROGRAM
ACTIVITIES AND
PROJECTS
(3)
DATA VALIDATION/ ADDITIONAL
INPUTS/ ENHANCEMENTS
(4)
ASSESSMENT WHETHER
TARGETS ARE MET/
CHALLENGES/ HINDERING
FACTORS (5)
RECOMMENDED NEXT
STEPS (6)
Conduct Actual field data, well-
funded research, methodology
of training, review
Conduct of study whether
the Human Rights cases
can redound to lesser
violations on human rights.
In 2013, the “Guidebook on the
Investigation and Prosecution of Human
Rights Cases” was developed by the
Department of Justice in partnership
with the CHRP, United Nations
Development Programme and the
University of the Philippines College of
Law. This guidebook is used as a
reference in all PNP human rights
training and anti-torture information and
advocacy activities.
Draft of Policy/Directive for
PNP personnel
(investigators and front
liners) for the mandatory
execution of affidavit that
they have read and inform
the accused of his/her rights
and also the
victims/complainants.
All BJMP personnel have undergone
training on HR laws.
All PDEA drug enforcement officers and
Custodial Officers have undergone
human rights training as it is part of the
Drug Enforcement Basic Course and
Custodial Officers Course. It is an SOP
as embodied in the PDEA Manual of
Anti-Drug Operations that all persons
arrested, detained or under custodial
investigation are apprised of the
Miranda rights, subjected to physical
and medical examination.
AFP persistently conducts an advocacy
campaign to prevent the occurrence of
torture in compliance with Anti-Torture
Act of 2009; the Philippine Act on
Crimes Against International
Humanitarian Law, Genocide and Other
Crimes Against Humanity; the Anti-
Enforced or Involuntary Disappearance
Act of 2012; and, the Comprehensive
Program Framework for Children in
Armed Conflict are incorporated in the
curriculum of AFP education and
training programs, specifically in pre-
entry, basic, advance, specialization
and general staff courses.
Downward trend in the number of
reported alleged torture incidents
involving PNP:
Close monitoring of
custodial and detention
facilities.
2011 - 38 incidents
2012 - 19 incidents
2013 - 15 incidents
2014 - 12 incidents
2015 - 2 incidents (As of June 2015)
From 2012 to date, BJMP has no
reported cases of torture involving jail
personnel.
For 2014, PDEA Internal Affairs Service
(IAS) did not receive any complaint on
human rights involving PDEA
personnel.
- Decrease in the
incidence of torture
involving law enforcement
agencies
Limited resources to support
infrastructure development,
technology enhancement and
training to address torture as
the main challenge in
implementing HR agenda and
RA 9745.
Sustained Harnessing of
Support from CHRP, civil
society organizations and
other human rights
defenders in advancing the
country’s human rights
agenda.
MEDIUM TERM
(2)
Advocacy for the
legislation of NPM, and for
the ratification of
ICPAPED
Lobby for appropriate
action/background
studies/ policy
statements/ positions.
Legislation of NPM in both Congress is
on-going.
However, landmark legislations passed
include the Enactment of Republic Act
No. 10575, "Bureau of Corrections
Modernization Act of 2013", highlighted
the government's effort to restructure,
modernize faclilities and professionalize
programs and services at par with
international standards on the treatment
of offenders.
House Bill No. 5193 filed before
the 16th Congress which aims
to fulfill the obligation of
establishing the National
Committee for the Prevention
of Torture (NCPT) and the
National Preventive Mechanism
(NPM) was unfortunately not
passed within the period as
prescribed under Article 17 of
the OPCAT due to intervening
events.
Convene series of meetings
with the members of the
House of Representatives,
DOJ, CHR, AFP and other
stakeholders to pave way for
the drafting of a law/bill and
creation of an inter-agency
committee to address this
concern.
Passage also of following legislations
aimed to decongest jails and prisons:
Continue lobbying for the
approval of a legislation that
will establish an NPM with
independence, transparency
REPUBLIC ACT NO. 10159, "AN ACT
AMENDING ARTICLE 39 OF ACT NO.
3815, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED PENAL
CODE", aimed to decongest jails and
prisons.
ANNUAL
(1)
2012-2016
-
Evaluation/assessment
studies of legal/judicial/
administrative measures,
and mechanisms relative to
the prevention of human
rights violation particularly
with reference to the CAT,
and RA 9745
THEMATIC OBJECTIVE 4 TO ENACT APPROPRIATE LEGISLATION AND SUPPORTING EOS, AOS
STRATEGIC INDICATOR: INSTITUTION AND/OR MODIFICATION OF APPROPRIATE LEGAL/JUDICIAL/ADMINISTRATIVE MEASURES AND MECHANISMS AT PAR WITH
TARGETS
PAPS
PROGRAM
ACTIVITIES AND
PROJECTS
(3)
DATA VALIDATION/ ADDITIONAL
INPUTS/ ENHANCEMENTS
(4)
ASSESSMENT WHETHER
TARGETS ARE MET/
CHALLENGES/ HINDERING
FACTORS (5)
RECOMMENDED NEXT
STEPS (6)
Senate Bill No. 2461 filed
before the 16th Congress aimed
to eliminate inhuman conditions
in Philippine Prisons and Jails
but was not passed due to
more pressing issues that
require the attention of the
legislators.
2012-2013
- Legislative
Advocacy up to the 2nd
reading of the NPM
Silent Features:
SECTION 1. Article 39 of Act No. 3815,
as amended, is hereby further
ammended to read as follows:
"Art.39. Subsidiary Penalty. - If the
convict has no property with which to
meet the fine mentioned in paragraph 3
of the next preceding article, he shall be
subject to a subsidiary personal
liability at the rate of one day for
each aount equivalent to the highest
minimum wage rate prevailing in the
Philippines at the time of the
redention of judgement of conviction
by the trial court,xxx.
DILG issued Guidelines for Local
Government Units in the Development
of the Comprehensive Local Juvenile
Intervention Program and Memorandum
Circular No. 2012-120, directing all
LGUs to comply with Section 15, RA
9344 by allocating at least 1% of their
Internal Revenue Allotment for the
strengthening and implementation of
programs for the Local Council for the
Protection of Children.
Proposed bills aimed to
decongest jails and improve the
living condition of inmates were
not passed as planned due to
more pressing issues that
require the attention of the
legislators and these include
“An Act Placing the Provincial,
Sub-Provincial Jails under the
Jurisdiction of the BJMP” and
Jail Infrastructure Development
and BJMP Modernization Act”.
However, two (2) important
legislations targeted that were
passed include the Republic
Act No. 10592, An Act
Amending Articles 29, 94,97,98
and 99 of Act No. 3815, As
Amended Otherwise Known as
the Revised Penal Code was
passed on May 29, 2013,
,which grants not only the
Director of the Bureau of
Corrections the authority to
grant good conduct time
allowance to inmates but also
to the Chief of the BJMP and
Wardens of the Provincial, City,
District and Municipal Jails and
its Implementing Rules and
Regulations issued on 26
March 2014.
MEDIUM TERM
(2)
Ratification of HR
instruments - ICPAPED
Limited progress in the effort to ratify
this HR instrument.
Sustained lobbying for the
ratification of ICPAPED.
The government firmly committed to
due process and rule of law enacted
the following human rights laws:
Enduring promotion through
round table discussions
giving emphasis on the
benefits of the State.
a. “Anti-Enforced or Involuntary
Disappearance Act of 2012” (RA
10353), approved last 21 December
2012;
b. “Philippine Act on Crimes Against
International Humanitarian Law,
Genocide, and Other Crimes Against
Humanity” (RA 9851), approved on 11
December 2009;
RECOMMENDED NEXT
STEPS (6)
ANNUAL
(1)
On May 29, 2014, a Round
Table Discussion was
conducted by the Asian
Federation against Involuntary
Disappearances (AFAID) in
partnership with the House
Committee on Human Rights,
entitled: Convention Now. The
Imperative of the Philippines’
Accession to the Convention
Against Disappearances”.
During said RTD, it was agreed
that the ratification of the
convention should be referred
to the Department of Foreign
Affairs for further studies.
2012-2013
THEMATIC OBJECTIVE 5 TO RATIFY THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF ALL PERSONS FROM ENFORCED
STRATEGIC INDICATOR: ACCESSION, AND/OR RATIFICATION OF THE ICPAPED; EXTENT OF LOBBYING ACCOMPLISHED, AND THE MEASURES BY WHICH
LEGISLATORS HAVE TAKEN TOWARDS THE RATIFICATION OF IPAPED
TARGETS
PAPS
PROGRAM
ACTIVITIES AND
PROJECTS
(3)
DATA VALIDATION/ ADDITIONAL
INPUTS/ ENHANCEMENTS
(4)
ASSESSMENT WHETHER
TARGETS ARE MET/
CHALLENGES/ HINDERING
FACTORS (5)
- Legislative
advocacy up to the 2nd
reading
Lobby for appropriate
action/ background
studies/ policy
sttemments/ positions.
c. An Act Defining Certain Rights of
Person Arrested, Detained or Under
Custodial Investigation as well as the
Duties of the Arresting, Detaining and
Investigating Officers, and Providing
Penalties for Violations Thereof (RA
7438), approved on 27 April 1992; and
Absence of an agency
champion that would look at the
obligations at the lens of the
benefits the State will gain from
this HR instrument.
d. Law on the Recognition and
Reparations for Victims of Martial Law
(RA 10368).
Also, Administrative Order No. 35,
series of 2012 was signed by the
President creating the Inter-Agency
Committee on Extra-Legal Killings,
Enforced Disappearance, Torture and
Other Grave Violations of the Right to
Life, Liberty and Security of Persons.
Greatest challenge of
ICPAPED for concerned
agencies are the obligations,
accountabilities and
responsibilities of the State.
Identification of agency
champion that can
orchestrate all efforts of
stakeholders toward the
ratification of ICPAPED.