(c)
The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in
armed conflict, in 2003, and the Optional Protocol to the Convention on sale of children, child prostitution and child
pornography, in 2002;
(d)
The Optional Protocol to the International Covenant on Civil and Political Rights, in 1989, and the
Second Optional Protocol to the Covenant, in 2007;
(e)
The International Convention on the Protection of the Rights of All Migrant Workers and Members of
their Families, in 1995;
(f)
The Convention on the Rights of the Child, in 1990;
(g)
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, in 2002, supplementing the United Nations Convention against Transnational Organized Crime.
(5)
The Committee notes with satisfaction the ongoing efforts at the State level to reform its legislation, policies
and procedures in order to ensure better protection of human rights, including the right not to be subjected to torture
and other cruel, inhuman or degrading treatment or punishment, in particular:
(a)
The adoption, in 2006, of the Juvenile Justice Welfare Act (RA 9344) as well as the creation of the
Juvenile Justice Welfare Council to ensure the effective implementation of the Act;
(b)
The enactment, in 2006, of Republic Act 9346, abolishing the death penalty;
(c)
The adoption, in 2004, of the Anti-Violence against Women and Their Children Act (RA 9262) which
defines violence against women and their children, providing for protective measures for victims and penalties for
the perpetrators of the violence;
(d)
The adoption, in 2003, of the Anti-Trafficking in Persons Act (RA 9208);
(e)
The adoption, in 1997, of the Indigenous People’s Rights Act (RA 8371);
(f)
The issuance, in December 2008, of Administrative Order 249 which directed concerned Executive
branches of government to institute policies, programs and projects that would further enhance human rights in the
Philippines; and
(g)
The promulgation, in October 2007, by the Supreme Court of the Recourse to the Rule of Writ of
Amparo and the Rule of the Writ of Habeas Data.
(6)
The Committee notes with appreciation that the State party has initiated a number of practical policies,
programmes and projects, including the “Access to Justice for the Poor” Project (AJPP), the Mobile Court or
“Justice on Wheels” programme of the Supreme Court and the recent directive by the National Police Commission
to activate human rights desks in all police stations nationwide.
C. Principal subjects of concern and recommendations
Torture and ill-treatment and insufficient safeguards during police detention
(7)
Notwithstanding the assurances provided by the State party to the Committee that “torture or ill-treatment on
suspects or detainees is not tolerated or condoned by the Philippine National Police (PNP) and that erring PNP
personnel are dealt with accordingly”, the Committee is deeply concerned about the numerous, ongoing, credible
and consistent allegations, corroborated by a number of Filipino and international sources, of routine and
widespread use of torture and ill-treatment of suspects in police custody, especially to extract confessions or
information to be used in criminal proceedings. Furthermore, despite the enactment of the Law on the Rights of
Persons Arrested, Detained or under Custodial Investigation (RA 7438), there are insufficient legal safeguards for
detainees in practice, including:
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