conditions of detention described, as well as the
violent and abusive behaviour both of certain prison
guards and of other inmates, as apparently
acquiesced in by the prison authorities, are seriously
in violation of the author’s right, as a prisoner, to be
treated with humanity and with respect for his
inherent dignity, in violation of article 10,
paragraph 1. As at least some of the acts of violence
against the author were committed either by the
prison guards, upon their instigation or with their
acquiescence, there was also a violation of article 7.
There is also a specific violation of article 10,
paragraph 2, arising from the failure to segregate the
author, pre-trial, from convicted prisoners.
8.
The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to the
International Covenant on Civil and Political Rights,
is of the view that the facts as found by the
Committee reveal violations by the Philippines of
article 7, article 9, paragraphs 1, 2 and 3, and article
10, paragraphs 1 and 2, of the Covenant.
9.
In accordance with article 2, paragraph 3 (a),
of the Covenant, the State party is under an
obligation to provide the author with an effective
remedy. In respect of the violations of article 9 the
State party should compensate the author. As to the
violations of articles 7 and 10 suffered while in
detention, including subsequent to sentence of death,
the Committee observes that the compensation
provided by the State party under its domestic law
was not directed at these violations, and that
compensation due to the author should take due
account both of the seriousness of the violations and
the damage to the author caused. In this context, the
Committee recalls the duty upon the State party to
undertake a comprehensive and impartial
investigation of the issues raised in the course of the
author’s detention, and to draw the appropriate penal
and disciplinary consequences for the individuals
found responsible. As to the imposition of
immigration fees and visa exclusion, the Committee
takes the view that in order to remedy the violations
of the Covenant the State party should refund to the
author the moneys claimed from him. All monetary
compensation thus due to the author by the State
party should be made available for payment to the
author at the venue of his choice, be it within the
State party’s territory or abroad. The State party is
also under an obligation to avoid similar violations
in the future.
7.4 As to the claims concerning the author’s
mental suffering and anguish as a consequence of
being sentenced to death, the Committee observes
that the authors’ mental condition was exacerbated
by his treatment in, as well as the conditions of, his
detention, and resulted in documented long-term
psychological damage to him. In view of these
aggravating factors constituting further compelling
circumstances beyond the mere length of time spent
by the author in imprisonment under a sentence of
death,13 the Committee concludes that the author’s
suffering under a sentence of death amounted to an
additional violation of article 7. None of these
violations were remedied by the Supreme Court’s
decision to annul the author’s conviction and death
sentence after he had spent almost fifteen months of
imprisonment under a sentence of death.
7.5 As to the author’s claims under article 9 the
Committee notes that the State party has not
contested the factual submissions of the author.
Hence, due weight must be given to the information
submitted by the author. The Committee concludes
that the author was not informed, at the time of
arrest, of the reasons for his arrest and was not
promptly informed of the charges against him; that
the author was arrested without a warrant and hence
in violation of domestic law; and that after the arrest
the author was not brought promptly before a judge.
Consequently, there was a violation of article 9,
paragraphs 1, 2 and 3, of the Covenant.
10. Bearing in mind that, by becoming a party to
the Optional Protocol, the State party has recognized
the competence of the Committee to determine
whether there has been a violation of the Covenant or
not and that, pursuant to article 2 of the Covenant, the
State party has undertaken to ensure to all individuals
within its territory and subject to its jurisdiction the
rights recognized in the Covenant, and to provide an
effective and enforceable remedy in case a violation
has been established, the Committee wishes to receive
from the State party, within 90 days, information
about the measures taken to give effect to the
Committee's Views. The State party is also requested
to publish the Committee’s Views.
13
Johnson v. Jamaica, Case No. 588/1994, Views
adopted on 22 March 1996; Francis v. Jamaica, Case
No. 606/1994, Views adopted on 25 June 1995.
121
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