Accomplishment Report on the Implementation of the Thematic Chapter Pertaining to the Convention

against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment

I. OVERVIEW OF PERFORMANCE AND ACCOMPLISHMENTS

1.1 Thematic Objective 1: To implement RA 9745 (Anti-Torture Law of 2009)

To ensure the implementation of RA 9745, including the CAT and OPCAT, the

government through its national government agencies conducted public awareness

campaign through fora and symposia. With the Department at the helm, concerned

agencies such as the Philippine National Police, Bureau of Jail Management and

Penology, Department of Social Welfare and Development, Department of Health,

Department of Justice, Department of National Defense and Armed Forces of the

Philippines, an updated database on detention centers and other places of deprivation

have been ascertained. As of 30 April 2015, a total of 1,807 detention centers and

other places of deprivation registered a total of 152,210 persons deprived of liberty.

The government has achieved full computerization of prison records and the

Simplified Inmates Records System of detention prisoners has been upgraded to

National Inmates Monitoring System. Likewise, the PNP as of September 2015 has

attained 100% inspection of its 54 custodial facilities and regularly submitted on a

monthly basis an updated list of custodial facilities and persons under custody to the

Commission on Human Rights of the Philippines.

As part of the PNP’s anti-torture strategy, a total of 2,915 Police Custodial

facilities around the country were inspected on a regular basis. The inspections are

being done to comply with the requirements of Republic Act No. 9745, otherwise

known as the Anti-Torture Law. Through the inspections, all lock-up cells are

identified and the living conditions of detainees are ascertained and improved. The

list of lock-up cells and other results of the inspections are submitted to the

Commission on Human Rights of the Philippines as part of legal obligations.

On capacity building for law enforcers, as of September 2015, PNP has trained

131 custodial officers of National Capital Regional Police Office, distributed 3,500

IEC materials on RA 974 and 1,500 posters bearing the Rights of Persons Under

Arrest/Custodial Investigation nationwide.

In terms of prosecution of perpetrators of torture, ex-Police Senior Inspector

Joselito Binayug was arrested in April 2013 for violation of the Philippines’ Anti-

Torture Law and is now serving his prison sentence. Moreover, at least four (4) PNP

personnel had been administratively charged and were later dismissed from the

police service for their involvement in the sol-called “Wheel of Torture” incident in

January 2014.

Likewise, the government through the Bureau of Jail Management and Penology

(BJMP) established the Human Rights Affairs Office (HRAO) and the Human Rights

Desk (HRD) under the Directorate for Inmates’ Welfare and Development (DIWD).

The HRD is in place in every jail and is manned by a designated officer who acts on

complaints of torture by inmates, provides deterrence to violations of human rights in

jails and is the focal person for torture prevention. It also completed the issuance of

Security Identification Cards to all its personnel nationwide bearing an Anti-Torture

message to remind them constantly of their role in the fight against torture. The

message reads: “We must ensure that the human rights of all persons, including

suspects, detainees and prisoners are respected at all times, and that, no person in

authority, or agent of a person in authority shall be subjected to physical,

psychological, and mental harm, force, violence, threat or intimidation or in any

manner that demeans or degrades human dignity – RA 9745 Anti-Torture Act of

2009.”

Special Operating Procedure (SOP) No. 2010-08 was also issued based on the

“Basic Principles on the Use of Force and Firearms,” as adopted by the Eighth

United Nations Congress on the Prevention of Crime and Treatment of Offenders in

Havana, Cuba. It provides as a general principle that “The use of force shall not be

resorted to except in self-defense or in the defense of others against grave and

imminent threat of death or serious injury, or when strictly necessary such as escape

of an inmate.” It also provides that whenever the lawful use of force and forearms is

unavoidable, jail officers shall (a) exercise restraint in such use and act in proportion

to the seriousness of the offense and the legitimate objective to be achieved; (b)

minimize the damage and injury, and respect human rights and preserve human life.

It also requires the conduct of post-incident investigation to determine the

appropriateness of the level of force used, if the use of force was deemed necessary

under a given set of circumstances.

The formulation and implementation of the Comprehensive Rehabilitation

Program for Torture Victims and Their Families and those who Committed Torture

and other Cruel, Inhuman and Degrading Treatment or Punishment signed by the

Secretaries of Justice, Health, Social Welfare and Development was among the

significant accomplishment in the promotion and respect for human rights. The

institutionalization of the Therapeutic Community Modality Program (TCMP) in 258

jails or 56% of jails nationwide effectively provides a behavior-shaping program for

all prisoners and detainees and promotes as well the use of non-violent means of

discipline which along with those legal sanctions provided in the BJMP Manual,

effectively deter the use of archaic physical protection of the human rights of

inmates.

BJMP Memorandum dated 01 August 2013, bans the use and orders the

confiscation and destruction of sticks, paddles, belts, and similar devices proliferating

in jails and reportedly used to impose corporal punishment on inmates.

A mechanism for reporting torture cases was established through the Policy on

Mandatory Reporting of Torture Cases, dated 02 April 2014. The policy serves as

guidelines on the proper assessment and reporting of any suspected case of torture

among inmates.

1.2 Thematic Objective 2: To enhance preventive and protective mechanisms

In pursuit of this thematic objective, the PNP focused on the development of

Human Rights Violation Monitoring Mechanism, Creation and Operationalization

of its Human Rights Desks nationwide and conduct of multi-sectoral cooperation

activities. A total of 2,108 PNP Human Rights Desks were created and fully

operational and 165 dialogues/fora with other HR stakeholders undertaken

The paralegal program has been continuously strengthened to facilitate release of

qualified inmates. Paralegal corners and desks in all jails were activated, making

them visible and accessible for every inmate who wants to avail the services offered

by the program. Paralegal trainings are continually conducted. To monitor the

paralegal officers’ performance, surprise inspections in jails are conducted to

determine if paralegal programs are properly and timely implemented. Accordingly,

regional, provincial and unit paralegal offices were reorganized. These officers are

guided by the Paralegal Manual and Resource Book which was drafted by the BJMP

in partnership with the Humanitarian Legal Assistance Foundation (HLAF).

Part of the paralegal program is the implementation of decongestion measures

that will improve the human rights condition in jails. Among these measures are: (a)

identification of the number of death in inmates, causes, and preventive measure

through consultation; (b) publication of the Manual on Habitat, Water, Sanitation and

Kitchen in Jails. Several measures to decongest jails were implemented and one of

which was the monitoring of inmates’ cases in courts by designated Paralegal Officer

in every jail. In 2014 alone, 37,706 BJMP inmates were released with the assistance

of BJMP Paralegal Officers nationwide.

Pursuant to the ratification of the OPCAT, the State fully supports the

establishment of a national preventive mechanism against torture in the Philippines,

embodied in House Bill No. 2401. The bill provides a non-adversarial approach,

through regular unannounced visits, that establishes a preventive effect against

torture and other cruel and inhuman treatment or punishment.

Relating to measures to prevent violence against women, the BJMP adheres to

its existing policy under Rule III of the BJMP Manual which provides the manner of

handling inmates with special needs.

The PNP uses as reference the Guidebook on the Investigation and Prosecution

of Human Rights Cases in all its trainings, seminars, and anti-torture information and

advocacy activities. The guidebook was developed by the Department of Justice

(DOJ) in partnership with the Commission on Human Rights (CHR), United Nations

Development Programme (UNDP), and the University of the Philippines College of

Law. The manual contains information on effectively handling human rights cases.

A Memorandum of Understanding (MOU) between the PNP and Hanns Seidel

Foundation/Germany (HSF) on the joint training projects and holding of human

rights forums for the promotion of Human Rights in the PNP for 2015, held on April

13, 2015 at the PNP National Headquarters, Camp Crame, Quezon City.

The International Policing Standards and Principles and the International

Humanitarian Law are now included in the Program of Instructions (POIs) of

PSBRC, PSOBC, and BSPS to equip the students with necessary knowledge in order

for them not to commit violations of human rights and humanitarian laws.

The PNP has also formulated program thrusts in HR through its HRAO which is

now for approval of higher authorities. First is the CLICK HR (Computer-aided

Learning and Inventory of Comprehension and Knowledge on Human Rights)

examination relative to HR is made mandatory for all PNP personnel.

Second is the STAR System Synergy and Team Approach) to develop Human

Rights Exemplars in the police organization at the individual and unit levels. The

STAR System seeks to evaluate the effectiveness of the PNP’s human rights

program, and to recognize and reward personnel and/or units that exemplify human

rights-based policing.

There is also the “Respect for HR as a Way of Life in the PNP” which includes

the creation of human rights database, reprinting of compendium of HR Laws,

standardization of HRAO personnel and Police HRAO training, competency training

for HR instructors, inclusion of 10% HR questions in the PNP entrance examination,

inclusion of human rights modules in all PNP mandatory schoolings and trainings,

and inclusion in the Individual Performance (IP) Card of every PNP personnel of the

PNP’s program thrust, “Respect for HR is a Way of Life in the PNP.”

1.3 Thematic Objective 3: To heighten the awareness of, and respect for HR among

state agents, and the general public

The government through its concerned government agencies such as DILG,

DOJ, DOH, PDEA, PNP, AFP, BJMP, BuCor, DSWD, JJWC and other HR partners

continuously conducts trainings, seminars, and symposia for custodial and medical

personnel charged with the custody and safekeeping of inmates, on the guidelines of

detecting signs of torture and ill-treatment in accordance with international standards.

In 2013, 59 custodial personnel received training on counseling and application

of the TCMP, which is a key component of the Anti-Torture strategy adopted by the

BJMP. In 2012, 35 medical personnel attended Emergency Medical Response Team

Training including detection of signs of torture and ill-treatment. Also, 21 personnel

representing 20 jails and the National Jail Management and Penology Training

Institute (NJMPTI) attended a training conducted by the CHR on Anti-Torture and

Human rights on October 10 to 13, 2011.

Human Rights has also been incorporated in the Program of Instruction (POI) for

jail officers in the NJMPTI. The POI integrates torture and other forms of inhuman

and degrading treatment in mandatory courses.

For the inmates’ awareness of their rights, a Detainee Information Sheet is

provided to them as soon as they are committed to a BJMP facility. This document

contains their rights during detention.

As member-agency to the Security Sector Reforms (SSR), the PNP, along with

the military and other co-member agencies, have made strides in the SSR which

includes provision of human rights education and training for the uniformed services,

as required under CY 2011-2016 National Security Policy of President Aquino.

Human rights offices as well as the designation of Human Rights Officers (HROs)

were also institutionalized in the PNP and in the Armed Forces of the Philippines

(AFP).

From 2012 to 2014, a total of 1,492 capability building activities were conducted

by the Human Rights Affairs Office and the 17 Regional Human Rights Desks that

resulted in the provision of human rights and International Humanitarian Law

trainings. Further, one of the major thrusts of HRAO for CY 2015 is the conduct of

Gender Sensitivity Trainings (GST) for PNP personnel for them to become more

sensitive and responsive in dealing with the Lesbian, Gay, Bisexual, and Transgender

(LGBT) Community. In line with this, the Asia & Pacific Island Region,

International Gay and Lesbian Human Rights Commission (IGHLHRC) in

coordination with HRAO conducted a series of LGBT trainings at Police Station (PS)

3 on June 2, 2015, PS 5 on June 3, 2015, and PS 6 on June 4, 2015 of Manila Police

District with 30 participants from each police station.

Earlier in 2013, the CHR itself, in its Ulat sa Bayan Report, stated that there had

been a 90% decrease in the number of reported victims of torture and ill-treatment.

The statistical trend on alleged torture incidents dropped significantly from a

high of thirty-eight (38) alleged incidents in 2011 down to only nineteen (19) in

2012. This represents a 50% decrease in the number of reported incidents of torture.

The 19 incidents further decreased to 15 in 2013 and only 12 reported torture

incidents by the end of 2014. The difference between the record high number of

reported incidents in 2011 (38 incidents) and the record low number of reported

incidents (12) incidents in 2014 represents a 68% decrease in the total number of

alleged torture incidents.

The PNP also conducted and attended human rights training in partnership with

Alternative Law Group (ALG), trainings and workshops on human rights and IHL in

partnership with the International Committee of the Red Cross (ICRC), trainings for

HRDO, Top Level Forum and Workshop on International Law Enforcement

Standards for Senior Police Officers, Human Rights and IHL/Advocacy Campaigns,

and the First Southeast Asia Human Rights Forum for Police Officials.

1.4 Thematic Objective 4: To enact appropriate legislation (and supporting EOs,

AOs)

While the legislation of NPM in both Congress is still on-going, landmark laws

were passed such as the Bureau of Corrections Modernization Act of 2013 which

highlighted the government’s effort to restructure, modernize facilities and

professionalize programs and services at par with international standards in the

treatment of offenders and other enactments which aimed to decongest jails and

prisons.

A Bill on Alternatives to Imprisonment based on the UN Tokyo Rules of the UN

Standard Minimum Rules for Non-Custodial Measures that seeks to reduce

imprisonment during pretrial and alternative sanctions other than imprisonment has

been prepared. It has already been submitted for sponsorship in the 16th

Congress.

In 2004, RA 9262 also known as “Anti-Violence against Women and their

Children Act of 2004” was passed. It defines and penalizes acts of violence against

women and their children.

With jail congestion as one of the major culprits in the sad condition of inmates,

the BJMP has pushed for the passage of laws to decongest jails. These include RA

10159 or “An Act Amending Article 39 of Act No. 3815, as Amended, Otherwise

Known as the Revised Penal Code” and RA 10389 or “The Recognizance Act of

2012.”

The PNP participated in congressional hearings and expressed support for the

enactment of landmark human rights laws, such as, the Anti-Torture Law (RA 9745),

Anti-Enforced Disappearance Law (RA 10353), International humanitarian Law (RA

9851), and the Law on Recognition and Reparations for Victims of Martial Law (RA

10368), among others.

1.5 Thematic Objective 5: To ratify the International Convention for the Protection

of all Persons from Enforced Disappearances (ICPAPED)

While not much progress has been made in the ratification of this HR

instrument, the government has enacted landmark human rights laws such as Anti-

Enforced or Involuntary Disappearance Act of 2012, Philippine Act on Crimes

Against International Humanitarian Law, Genocide and Other Crimes Against

Humanity, and Law on the Recognition and Reparations for Victims of Martial Law.

Notably, Administrative Order No. 35, series of 2012 created the Inter-Agency

Committee on Extra-Legal Killings, Enforced Disappearance, Torture and Other

Grave Violations of the Right to Life, Liberty and Security of Persons.

Outcomes

The Philippines’ human rights record has improved dramatically compared with

other states in Southeast Asia, particularly in terms of addressing cases of torture and

other human rights violations; and in the implementation of human rights policies,

mechanism, and various forms of positive interventions. In fact, the Philippines is the

region’s pioneer in the establishment of a national human rights institution or NHRI

(i.e., the CHRP) which is no less than a constitutional body. For several years, the

Philippine Government including the CHR has campaigned for the ratification of the

ASEAN Chapter which includes the integration of regional efforts to monitor,

promote, and protect human rights.

With the implementation of the Anti-Torture Law, the PNP was able to file and

monitor administrative and criminal charges against PNP personnel who committed

HRVs. Also, a total of 9,207 inspections on 4,452 lock-up cells were conducted.

There has also been a 71% decrease in alleged torture incidents (Four-Year Trend:

2011-2014) and a 66% decrease in alleged extra-judicial killings (Five-Year Trend:

2010-2014).

The PNP sees that there is a need to closely monitor the number of detention

facilities maintained by the PNP; swift action on complaints of torture and human

rights violations help address the perception that there is impunity in the country; and

close partnerships with the CHR, civil society, and human rights defenders is the

most important key to success.

II. CHALLENGES IN THE IMPLEMENTATION OF THE THEMATIC PLANS

The unavailability of donor funds or changes in project partner priorities is the

main cause why certain human rights projects did not push through or were

significantly delayed. This is because most initiatives are funded by local and

international partners, which shows that many human rights initiatives are dependent

on external support.

In sum, the main challenge in implementing the CAT is the limited resources to

support infrastructure development, technology enhancement, and training needed to

address torture. For infrastructure development, improvement of detention facilities

is needed to enhance the living conditions of detainees. By doing so, detainees are

not exposed to inhuman treatment and their rights as detainees are better upheld.

Technology enhancement is also needed to prevent torture, as in the case of installing

CCTVs in investigation rooms. Training is also a highly essential area for investment

since the prevention of torture really begins with expanding the practical knowledge

of police personnel on the application of human rights standards that, in the end,

would prevent human rights violations like torture.

III. PROSPECTS

The government is moving towards an Inter-Agency Single Carpeta System that

would link all records and information of prisoners, detainees and those in other

places of deprivation. The system roll-out will be in 2016. Relatedly, is the

establishment of Referral System, Mandatory Registry and Centralized Juvenile

Justice Welfare Information Management System .

The PNP is looking into the restructuring of its Human Rights Affairs Office,

strengthening of its Core Competency Investigation Training Program, establishment

of the eSubpoena and eWarrant and continuous collaboration/partnership with

various stakeholders.

The BJMP for its part wants to afford more attention to IT connectivity needs as

well as the prioritization of jail expansion and rehabilitation of its facilities.

The CHRP will strengthen its efforts to further improve the State’s compliance

to CAT, more particularly in institutionalizing the regular visit to all places of

deprivation..

Other concerned government agencies will enhance their respective activities to

promote respect for human rights and further reach out to local government units,

non-government or civil society organizations for more collaborative partnership in

achieving this laudable mission.

IV. POLICY DIRECTIONS

The government’s major policy direction is the upgrading and strengthening of

its human rights advocacies. More than just boosting operational budget of Human

Rights Affairs Office of government entities, there is a need to review its capacities,

organizational set-up, and program priorities for the coming years. It has long been

determined that HRAO needs to be strengthened so that its monitoring capabilities

are enhanced. By expanding its reach, it would have subordinate units positioned

nationwide that could deepen the cascading of human rights training, information and

advocacy, as well as help ensure close monitoring of human rights complaints or

cases. By transforming itself into a stronger unit with nationwide reach, prevention of

torture and taking other necessary actions to address cases of torture will become

doable.

The Department along with the rest of the Philippine Government commits to

sustain its thrust to implement anti-torture programs and policies, enforce human

rights-based policing and custodial services, and continue its advocacy for local

government units to make their comprehensive development plans human rights-

informed.

Attached are the Thematic Plans Matrices reflecting the details of the Targets,

PAPs, Data Validation, Assessment and Recommended Next Steps.