CAT/C/PHL/CO/2
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Effectiveness and independence of the Commission on Human Rights
16.
The Committee is concerned that, in a number of instances, the Commission on Human
Rights of the Philippines (CHRP) has been denied entry into jails and detention facilities mostly
under the jurisdiction of the military. The Committee is also concerned that Section 19 of the
2007 Human Security Act grants the CHRP authority to prolong detention of suspects. In the
view of the Committee, these measures compromise the capacity of the CHRP to monitor the
State party’s human rights compliance. (arts. 2, 11 and 12)
The State party should take the necessary steps to strengthen the mandate,
including access to detention facilities, and independence of the CHRP, including
through adoption of the proposed CHRP Charter as well as allocation of sufficient
resources for its effective implementation. The visitation mandate of the CHRP
should include unhampered and unrestrained access to all detention facilities,
including those under the jurisdiction of the military.
Ill-treatment in detention centres
17.
While welcoming the measures undertaken by the State party through the Bureau of Jail
Management and Penology (BJMP) to improve conditions of detention, including the release of
a total of 3,677 inmates in 2008 or nine per cent of the prison population, the Committee is
concerned that there is severe overcrowding, sub-standard facilities and lack of basic facilities.
(arts. 11 and 16)
The Committee recommends that the State party:
(a) Continue its efforts to alleviate the overcrowding of penitentiary institutions,
including through the application of alternative measures to imprisonment and the
increase of budgetary allocations to develop and renovate the infrastructure of
prisons and other detention facilities;
(b) Adopt the BJMP Modernization Act of 2007 (House Bill No. 00665), filed on 30
July 2007 that seeks to upgrade the physical facilities of jails and detention centres;
(c) Take effective measures to further improve living conditions in the detention
facilities.
Sexual violence in detention
18.
While noting the enactment of a number of relevant laws and that the State party has
established a total of 31 female dormitories, the Committee expresses serious concern at
numerous allegations of cases of rape, sexual abuse and torture committed against women
detainees by the police, military and prison officials/personnel. In this respect, the Committee is
concerned about reports that in many provincial jails, officials continue to place women together
with male inmates, and that male corrections officers continue to guard female inmates in
violation of agency regulations. (arts. 11 and 16)
The State party should take effective measures to prevent sexual violence in
detention, including by reviewing current policies and procedures for the custody
and treatment of detainees, ensuring separation of juvenile detainees from adults,
and of female detainees from males, enforcing regulations calling for female
inmates to be guarded by officers of the same gender, and monitoring and