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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
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