CAT/C/PHL/CO/3 overcrowding. The Committee is concerned at the huge backlog of cases in the judiciary and at the preponderant role of the Department of the Interior and its impact on the independence of the judiciary, whose role appears reduced as a result. It is also concerned at the insufficient number of judges (arts. 2 and 11). 14. The State party should: (a) Urgently release those persons whose pretrial detention exceeds the maximum penalty for the offence; (b) Review the legality of the pretrial detention of all persons thus detained; (c) Urgently deal with the backlog of cases in the courts; (d) Amend legislation and take all measures necessary to shorten the duration of pretrial detention, which should be used as an exception and for limited periods of time; (e) Ensure that pretrial detention is regulated clearly and is subject to judicial supervision at all times in order to guarantee fundamental legal and procedural safeguards; (f) Strengthen the independence of the judiciary, ensure that vacancies are filled as a matter of urgency, strengthen the capacity of the judicial system and ensure that it clears the backlog of existing cases; (g) Ensure that all pretrial detainees are brought before a judge without delay and expedite the cases of persons held under the Comprehensive Dangerous Drugs Act; (h) Consider replacing pretrial detention with non-custodial measures, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules); (i) Ensure that redress and compensation are provided to victims of unjustified prolonged pretrial detention. Torture and ill-treatment 15. The Committee is concerned at the continued reports of widespread torture and illtreatment of suspects by law enforcement, security, penitentiary and military personnel. The Committee is alarmed at reports that the overwhelming majority of reported cases of torture take place in police stations, in order to extract confessions or information to be used in criminal proceedings. It is also concerned that the Internal Affairs Service of the Philippine National Police is supervised by the Office of the Chief of Police (arts. 2 and 16). 16. The State party should: (a) Acknowledge publicly the occurrence of torture and ill-treatment and unequivocally condemn all such acts; (b) Ensure that investigations are systematically carried out, that perpetrators are prosecuted and convicted in accordance with the gravity of their acts, in keeping with article 4 of the Convention, and that victims are afforded appropriate redress; (c) Establish an independent mechanism to exercise oversight over the Internal Affairs Service of the Philippine National Police so that there is no institutional or hierarchical connection between the investigators and the alleged perpetrators, and ensure that all persons under investigation for having committed 5

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