Children in detention
(19) While appreciating the State party’s clarification of measures undertaken to reduce the number of children in
detention, including the enactment of the 2006 Juvenile Justice Welfare Act (RA 9344), a variety of social welfare
services provided for children in conflict with the law and the release of 565 minors in 2008, the Committee is
concerned that a significant number of children remain in detention and at reports of a de facto practice of not
separating children from adults in detention facilities throughout the country, despite the requirement included in the
Juvenile Justice Welfare Act demanding such separation (arts. 11 and 16).
The State party should further reduce the number of children in detention and ensure that persons
below 18 years of age are not detained with adults; that alternative measures to deprivation of liberty,
such as probation, community service or suspended sentences are available; that professionals in the
area of recovery and social reintegration of children are properly trained; and that deprivation of
liberty is used only as a measure of last resort, for the shortest possible time and in appropriate
conditions.
Training
(20) The Committee takes note of the detailed information provided by the State party on the inclusion of human
rights components in the training programmes and sessions for all military and law enforcement units of the
Government, in close cooperation with the CHRP. However, the Committee is concerned at the lack of information
on monitoring and evaluation of the impact of these training programmes in reducing incidents of torture and
ill-treatment (art. 10).
The State party should further develop and strengthen educational programmes to ensure that all
officials, including law enforcement officials and prison staff are fully aware of the provisions of the
Convention, that reported breaches will not be tolerated and will be investigated, and that offenders
will be prosecuted. All relevant personnel should receive specific training on how to identify signs of
torture and ill-treatment, and such training should also include the use of the Istanbul Protocol which
should be provided to physicians and translated into the Filipino and other languages, as appropriate,
and utilized effectively. Furthermore, the State party should assess the effectiveness and impact of such
training/educational programmes.
Witness protection
(21) While noting the information provided by the State party, including the draft legislation to strengthen the
Witness Protection Programme (WPP) and recent activities of the WPP, the Committee expresses its concern at
reports that the Programme is not sufficiently implemented, that intimidation of witnesses deters them from coming
forward to use the program and that detainees who suffer ill-treatment are often coerced by the police to sign
waivers or statements to the contrary. The Committee is concerned at the statement by the delegation that “except in
a few highly urbanized cities conditions in Philippine courts hardly inspire confidence in the witnesses that they are
well protected if they participate in the trial” (art. 13).
The State party should, as a matter of priority, take the necessary measures to strengthen the WPP
under the Witness Protection, Security and Benefit Act (RA 6981) to guarantee the safety of witnesses
to torture incidents and other human rights violations. The State party must give high priority to the
funding and effectiveness of this programme.
Redress, including compensation and rehabilitation
(22) The Committee welcomes the creation of a Board of Claims under the Department of Justice for Victims of
Unjust Imprisonment or Detention and Victims of Violent Crimes and for Other Purposes. Nonetheless, the
information submitted to the Committee regarding the number of victims of torture and ill-treatment who may have
received compensation and the amounts awarded in such cases is insufficient, and the Committee is concerned at
reports of inadequate compensation and arbitrary refusals and delays concerning compensation. The Committee
regrets the lack of information on treatment and social rehabilitation services and other forms of assistance,
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