CAT/C/PHL/CO/3
Reporting acts of torture and witness protection
25.
The Committee is concerned that victims of and witnesses to torture have been
reluctant to report cases because of a lack of adequate information regarding their rights
under various laws and the options available to them to lodge a complaint; out of fear of
harassment and reprisals from the perpetrators; and lack of protection. The Committee is
also concerned about reports of inadequate witness protection and the reluctance of
government doctors who examine the victims to indicate findings of torture on their
medical certificate for fear of intimidation or reprisals (arts. 2, 12-14 and 16).
26.
The State party should:
(a)
Provide comprehensive information to victims of torture and their
families regarding the laws and options available to them to lodge a complaint, and
provide ample protection to victims of torture, their families and witnesses, with due
consideration to the urgency of the need for protection from threats to their lives and
security;
(b)
Strengthen the witness protection programme through amendments to
the Witness Protection, Security and Benefit Act (Republic Act No. 6981), by
according high priority to the funding of the programme and providing expanded
rights and benefits to prospective witnesses, including secure housing and financial or
livelihood assistance, to help the authorities prosecute cases of torture, and provide
effective protection against reprisals and other forms of harassment to all witnesses of
torture and ill-treatment;
(c)
Ensure adequate protection of health professionals documenting torture
and ill-treatment from intimidation and other forms of reprisals, including by
ensuring that they are not hierarchically subordinated to the head of the detention
facility or other security organs;
(d)
Ensure that health professionals are able to examine victims
independently and to maintain the confidentiality of medical records.
Conditions of detention
27.
The Committee is concerned at the persistence of appalling conditions of detention
prevailing in the State party, both in police lock-up cells and the jails and detention
facilities run by the Bureau of Jail Management and Penology, which do not meet minimum
international standards and may constitute ill-treatment or torture. It is particularly
concerned at the persistence of critical and chronic overcrowding in all detention facilities,
some of which may be operating at 380 per cent of capacity. Conditions in all places of
deprivation of liberty include dilapidated and small cells, in some of which detainees are
forced to sleep while sitting or standing, unsanitary conditions, inadequate amounts of food,
poor nutrition, insufficient natural and artificial lighting and poor ventilation, which cause
inter-prisoner violence and the spread of infectious diseases such as tuberculosis, the
incidence of which is extremely high. The Committee is particularly alarmed at information
that tuberculosis eradication programmes were not a priority in the past because they were
seen as irrelevant to the maintenance of security. The Committee is concerned about sexual
violence against detained persons and about the treatment of detainees belonging to
minorities (arts. 2, 11 and 16).
28.
The State party should make public the findings and implement scrupulously
the recommendations of the Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment arising from its visit to the country
in 2015.
8