MEDIUM TERM

(2)

Full establishment of

mechanisms, and

measures toward

enforcement of RA 9745

As of 30 April 2015, total number of

detention centers and other places of

deprivation nationwide is 1,807 with a

total number of 152,210 persons

deprived of liberty (PDL).

Database on detention centers

was provided by all concerned

government agencies.

Government is moving

towards an Inter-Agency

Single Carpeta System

linking all records and

information of prisoners and

detainees.

The government through the BuCor has

achieved full computerization of its

prison records. For detention

prisoners, through the BJMP has also

upgraded its Simplified Inmates

Records System (SIRS) into National

Inmates Monitoring System (NIMS).

Funds for Inter-Agency Single

Carpeta System is provided in

the 2016 Budget.

System roll out

(implementation) of One

Carpeta Project in 2016. It is

a project funded under the E-

Government Fund thru the

Justice, Peace and Order

Cluster of Medium-Term

Information Technology

Harmonization Initiative

(MITHI), a web version of

the National Inmates

Monitoring System (NIMS).

Real-time generation of

inmate information 24/7

through the Integrated Jail

Management Information

System (i-JMIS).

Inspection of Custodial

Facilities

As of September 2015, 100% or 54

custodial facilities were inspected

Congested Custodial Facilities

due to the following factors:

a.        Representation and

collaboration with Supreme

court administrator re:

1.     Comprehensive and

Updated Database on

Detention Centers and

Other Places of

Deprivation

THEMATIC OBJECTIVE 1 TO IMPLEMENT RA 9745 (ANTI-TORTURE LAW OF 2009)

STRATEGIC INDICATOR: FULL AND SUSTAINED IMPLEMENTATION OF RA 9745

TARGETS

2012-2016

PAPS

PROGRAM

ACTIVITIES AND

PROJECTS

(3)

DATA VALIDATION/ ADDITIONAL

INPUTS/ ENHANCEMENTS

(4)

ASSESSMENT WHETHER

TARGETS ARE MET/

CHALLENGES/ HINDERING

FACTORS (5)

RECOMMENDED NEXT

STEPS (6)

ANNUAL

(1)

Submission of Updated List of Custodial

Facilities and List of Persons under

Custody is done every month.

a.        Slow or delayed

issuance of commitment order

by the court;

1. Immediate

issuance of commitment

order;

b.       Slow disposition of cases

or protracted trials;

2. Speedy disposition

of cases; and

c.        Inadequate space of

custodial facilities;

3. Utilization of

release and recognizance

for petty offenses;

d.       Inability to post bail by

the detainees, often due to

excessive amount of bail;

b.       Expand or build new

custodial facilities;

e.        Lack of funds for the

transfer of arrested suspects to

the issuing court located

outside of their jurisdiction; and

c.        Allocate funds for the

transfer of person under

custody;

d.       Temporary transfer of

suspects to BJMP facilities

in the absence of

commitment order;

e.        Creation of TWG,

inviting representatives from

BJMP and DILG to address

said issues/concerns;

f.         Medical check-up by

PNPHS to person under

custody should be done

before and during custodial

investigation

No separate facilities for

male/female/Children In

Conflict with Law (CICL)

/Lesbian, Gay, Bisexual,

Transgender (LGBT)

Custodial facility provisions

for male/female/Children In

Conflict with Law (CICL)

/LGBT.

PNP to focus on arrest,

service of warrants and filing

of cases rather than to hold

suspects under custody

beyond the reglementary

period.

Submission of Updated

List of Custodial

Facilities and List of

Persons under Custody

to the Commission on

Human Rights.

f.         Sudden Influx of

arrested suspects apprehended

due to increase in anti-

criminality campaign and

operations such as buy-bust

operations, saturation drive and

checkpoints as a result of one

time-big time police operations

Awareness campaigns

for duty bearers and

claim holders

Lack of budget to support

funding for the following:

a.        Human Rights training

for custodial officers;

b.       Printing and

Reproduction of IEC materials

on R.A. 9745;

b.    Distribution of

posters and

Information, Education,

and Communication

(IEC) materials on RA

9745

As of September 2015, 3,500 IEC

materials on RA 9745 were distributed

nationwide

c.        Printing and

Reproduction of Posters

bearing the Rights of Persons

under Arrest/Custodial

Investigation

Acquire additional funds to

support the training, printing,

reproduction of IEC

materials and policy

formulation.

c.    Distribution and

Posting of Posters

bearing the Rights of

Persons under

Arrest/Custodial

Investigation.

As of September 2015, 1,500 Posters

bearing the Rights of Persons under

Arrest/Custodial Investigation were

distributed nationwide

Most initiatives are funded by

local and international partners.

While this situation

demonstrates the high level of

trust conferred by other

organizations towards the PNP,

it also shows that many Human

Rights initiatives are dependent

on external support.

Crafting of policy of

undertaking by PNP

personnel that having read

and understood the Miranda

and Anti-torture Warning

before the conduct of police

operation.

Distribution and mandatory possession

of PNP pocket card bearing Miranda

Warning and Anti-Torture Warning and

the Reading them during

Arrest/Custodial Investigation.

Translation of Miranda

doctrine to other languages

DSWD maintains an updated data of its

Regional Rehabilitation Centers for

Youth.

Establishment and

Institutionalization of a

Referral System, Mandatory

Registry and a Centralized

Juvenile Justice and

Welfare Information

Management System with

Juvenile Justice Welfare

Council as the lead agency

on this matter pursuant to

Section 12 of RA 9344 as

amended by RA 10630.

As of September 2015, PNP HRAO has

trained 131 custodial officers of

National Capital Regional Police Office

a.     Human Rights

Refreshers Training for

custodial Officers

(Capacity building for

law enforcers )

Juvenile Justice and Welfare Council

(JJWC) developed, issued and

disseminated the Revised Implementing

Rules and Regulations of RA 9344 as

amended by Republic Act Nr 10630

which provided for the creation of 17

Regional Juvenile Justice and Welfare

Committees to oversee the

implementation of the law and these

RJJWCs are already established.

JJWC passed Resolution No. 2012-50,

Urging the PNP to Cease from

Reporting Commission of Status

Offenses and Rugby-Sniffing Minors as

Crimes Committed by Children,

administered capacity building

interventions for government employees

involved in the administration of juvenile

justice and welfare system, and

prepared a 5-Year National ICT

Investment Plan towards the

establishment of a national information

management system on CICL cases.

CHRP to continue its efforts

to further improve the

State’s compliance to CAT.

A system of CHRP’s

unhampered/unhindered access and

visits in detention centers managed by

PNP, BJMP, BuCor, AFP and other

concerned agencies is in place.

Some detention authorities

have strict guidelines and

protocols on visitation which

hinder the speedy visit of the

CHR.

Revisit existing policy on

access to places of

deprivation by concerned

agencies to ensure

unrestricted exercise of

CHRP's visitorial powers.CHRP has the liberty to choose the

detention centers to visit and has the

unobstructed opportunity to conduct

private interviews with prisoners and

detainees.

24-7 unrestricted access to

restricted areas specifically

inside police camp which are

regulated by security

regulations (AO Nr 69 dated

March 26, 1969 “Classification

of Classified Documents and

Restricted Areas”)

Reconcile the security policy

of restricted areas covered

by existing laws and

unrestricted exercise of

visitorial powers by the CHR

2.     Unrestricted Exercise

by the CHRP of its

Visitorial Powers

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 the Departments of

Justice, Social Welfare and Health.

This newly conceptualized

rehabilitation program for

torture victims is not yet fully

disseminated nationwide.

Expansion of the

implementation of concrete

Rehabilitation Program and

formulation of its

Implementing Rules and

Regulations by concerned

government agencies.

Refresher training

course mechanism,

mind-setting about HR.

Lack of policy in rehabilitating

offenders and mainstreaming

reformed PNP members back

to the organization.

To conceptualize, develop,

and implement a system

that will define the

processes of deployment of

rehabilitated offenders back

to active field duty status.

To develop a system where

HRAO will be the sole

authority to grant Human

Rights clearance as a pre-

requisite prior to

redeployment.

The BJMP came up with Standard

Operating Procedures Number 2014-04

on how to implement this

Comprehensive Rehabilitation Program

for Torture Victims and those who

Committed Torture and Other

Degrading Treatment or Punishment.

Other concerned agencies

have not yet prepared the IRR

Following programs are being provided

by the government through the BJMP

that promotes the rehabilitation of

inmates:

Lack of support for

rehabilitation programs

Identification

ofSpecific/Concrete

rehabilitation program for

torture victims and

perpetrators

a. Therapeutic Community Modality

Program in all BJMP-manned jails

nationwide – A self-help social learning

treatment model which utilizes the

community as the primary therapeutic

vehicle to foster behavioral and

attitudinal change and a mechanism

that allows immediate action to be done

on complaints of torture, provide

deterrence to violation and provides

focal point for prevention of torture.

3.     Formulation of

Rehabilitation Programs

b. Creation of Directorate for Inmate

Welfare and Development – This

resulted to equal focus lent to inmate

welfare and development admittedly

neglected before due to the strong

emphasis on jail security alone.

Sunning activity which is indispensable

for good health, sports activities, food

nutrition.

Likewise, the following support

programs for torture victims and

perpetrators are being provided through

the DSWD RRCY Rehabilitation

Programs and Services:

1.     Homelife Services

Provides a home environment and

group living arrangement well balanced,

organized and non-formal activities for

the youth

2.     Treatment intervention-

a.     Counseling Services

b.    Milieu Therapy

c.     Behavior Modification

d.    Therapeutic Community

3.     Support Services/Intervention

a)     Competency and Life Skills

Development

b)    Vocational Training Livelihood and

Productivity Program

c)     Socio-Cultural and Recreational

Program

d)    Spiritual Enhancement Program

e)     Leadership Skills Training

f)     Medical and dental services

Capacity building for

medical practitioners

on Istanbul Protocol

The government through the Health

Facility Development Bureau of the

Department of Health mainstreamed

anti-torture law in the health sector

through:

a) Review and revision of treatment

protocols at the National Center for

Mental Health;

b) Pilot testing the DSWD-NGO-DOH

referral process for treatment and

rehabilitation of victimes or torture;

c) MOA with CHR and HRV CLAIMS

BOARD on non-monetary reparations:

medical and rehailitation finalized; and

d) Preparations for the Scientific

Conference on the Management and

Rehabilitation of Torture Victims to be

held on November 11-12, 2015 for 17

regional training officers, 70 Chiefs of

DOH hospitals; 40 city health officers

and 40 municipal health officers.

Training for medical

practitioners has started to

mainstream anti-torture law in

the health sector. .

Priority on capacity building

for medical practitioners on

Istanbul Protocol

CHRP and MAG conducted lectures on

Istanbul Protocol.

Holding of lecture series on

Istanbul Protocol for proper

documentation of torture

cases.

Revisit the existing

Program of Instruction

(POI) to integrate

systematic

investigation of torture.

Lack of Information System and

Software application to be used

as vehicle for distribution of

IEC materials

Revisit, re-assess and re-

evaluate trainings

4.     Training and Practice

on the Istanbul Protocol as

spelled out in the IRR

BJMP continuously conduct

trainings/seminars/symposia for

custodial personnel charged with the

treatment of persons deprived of Liberty

and medical personnel involved with

detainees, on the guidelines to detect

signs of torture and ill-treatment in

accordance with international

standards. In the first semester of 2013

alone, 59 custodial personnel received

training on counselling and application

of Therapeutic community Modality

Program, a key component of the Anti-

torture strategy adopted by the BJMP.

In 2012, another 35 medical personnel

attended Emergency Medical Response

Team Training including detection of

signs of torture and ill-treatment.

Holding of Donors’ Forum

Ensure training as a priority

in annual planning sessions

To revisit, re-assess and re-

evaluate trainings.

Incorporation of 10%

Human Rights

Questions in the

Promotional

Examinations;

Promotional Exam is being conducted

twice a year.

To collaborate with other

agencies for a holistic

approach in the conduct of

HR trainings.

Certain trainings did not push

through or were significantly

delayed due to limited funds or

security concerns.

Series of Specialized Training is being

conducted every year wherein each

participant is required to conduct re-

echo training with a minimum of 100

PNP personnel for at least 16 hrs

training period.

Inclusion of Human

Rights-Based Policing

in the Program of

Instruction of all

Specialized Training in

the PNP;

5.     Education and

information campaign for

security sector and law

enforcement agencies,

medical personnel, public

officials, and schools

Incorporation of 15%

Human Rights Module

in all mandatory

schooling and training.

Human Rights Module were already

incorporated in all mandatory

schoolings and trainings

Trainings and

Seminars on Human

Rights and the Anti-

Torture Law are given

to all law enforcers to

include the custodial

officers, prison and jail

personnel to heighten

their awareness of, and

respect for HR.

For CY 2015, PNP HRAO has trained

131 custodial officers of National

Capital Regional Police Office

DSWD accomplished the following:

1.     Conduct of Physical and

Psychological examinations of CICL

before admission to Regional

Rehabilitation Centers for Youth to

identify possible incidents of torture or

trauma.2.     DSWD Central Office

comprehensively monitor and provide

technical assistance to RRCYs

nationwide through desk monitoring

(review or reports and provision of

inputs/comments) and field monitoring .

(Executive Order No. 15, series of 1998

as amended by Executive Order No.

221)

All PDEA detention facilities maintain a

register of detainees which is being

updated monthly and regularly

submitted to CHR

Spot visits to PDEA detention facilities

were conducted by CHR; relatives and

counsels were allowed to confer with

PDEA detainees

PDEA created the Detention Facility

Manual to standardize the rules and

procedures in all its detention facilities

and trained 86 prison guards

PDEA incorporated the Human Rights

Advocacy modules (with emphasis on

RA 9745, RA 7438, Rules on Arrests –

Rule 113 of the Rules of Court, Article

125 of the Revised Penal Code) in the

training for investigation, intelligence,

and leadership courses participated in

by 148 Drug Enforcement Officers

Lobby for prompt action

of concerned agencies

CHR convened the Committee in

February 5, 2014. During the first

meeting, the Rules of Procedures of the

Oversight Committee was drafted.

The meeting of the Oversight

Committee on October 19,

2015 purposely to approve the

internal procedures was moved

to a later date.

Follow-through/Second

Meeting for 2016 to approve

the proposed Rules and

Regulations of the Oversight

Committee

Review of the

Implementation of the Anti-

Torture Law

Strengthening Investigation

and Documentation of

Torture Cases and Actions

Taken

6.     Convening of the

Oversight Committee.

MEDIUM TERM

(2)

Sustained/continuous

installation, and

enhancements of targeted

preventive, and protective

mechanisms

Lobby for appropriate

action/background

studies on measures

for institutional

protection of victims,

education and

information campaign

on preventive and

protective mechanisms

Submitted Position Papers before the

House of Representatives and Senate

on bills pertaining to establishment of

National Preventive Mechanism and

continues to support these bills.

House Bill No. 2152 re-filed

before the 16th Congress aimed

to strengthen the Commission

on Human Rights and for Other

Purposes was likewise not

passed because of more urgent

concerns which need to be

acted upon by the legislators.

Continuous lobbying for the

enactment of the law to

accelerate the process of

establishing an independent

and effective NPM and to

strengthen the CHRP.

Development of Human

Rights Violation

Monitoring Mechanism

For CY 2015, 17 PNP personnel were

allegedly involved in Human Rights

violation cases.

Lack of accountability of

Human Rights Officers in the

field because they are not

directly answerable to HRAO.

Establishment of

mechanism to enhance

monitoring of HRV

incidents/cases involving

PNP personnel.

Creation and

Operationalization of

PNP Human Rights

Desks nationwide

2,108 PNP Human Rights Desks were

created and fully operational.

Conducted multi-

sectoral cooperation

activities.

For CY 2015, 165 dialogue, fora, and

symposia with other stakeholders were

conducted.

Part of anti-torture strategy, PNP

inspected 2,915 Police Custodial

Facilities

1.     Setting-up of the

National Preventive

Mechanism, Unified

Penitentiary System,

enforcement, and

operationalization of

command responsibility in

the police, military and

custodial services;

ANNUAL

(1)

2012-2016

THEMATIC OBJECTIVE 2 TO ENHANCE PREVENTIVE AND PROTECTIVE MECHANISMS

STRATEGIC INDICATOR: PREVENTIVE, AND PROTECTIVE MECHANISMS FULLY ESTABLISHED, AND INSTITUTIONALIZED, WHICH REFERS TO AN EMPOWERED

COMMISSION ON HUMAN RIGHTS, SETTING UP OF THE NATIONAL PREVENTIVE MECHANISM, AND OTHER MEASURES

TARGETS

PAPS

PROGRAM

ACTIVITIES AND

PROJECTS

(3)

DATA VALIDATION/ ADDITIONAL

INPUTS/ ENHANCEMENTS

(4)

ASSESSMENT WHETHER

TARGETS ARE MET/

CHALLENGES/ HINDERING

FACTORS (5)

RECOMMENDED NEXT

STEPS (6)

Restructuring of the Human

Rights Affairs Office to

empower or capacitate

HRAO to implement the

programs, projects and

activities effectively under

LOI PAMANA and to

mobilize Human Rights

Officers at the National,

Regional, Provincial, City

and Municipal levels in the

conduct of Human Rights

related policy formulation,

human rights trainings and

education, human rights

prevention mechanisms,

fostering multi-sectoral

cooperation and provide

HRAO with the necessary

administrative and

operational control overall

PNP Human Rights Desks

and Officers.

Other PNP’s initiatives to prevent

torture include the strict implementation

of the Policies on Banning Hazing and

Other Forms of

Continuous collaboration

and strong partnership with

stakeholders

Maltreatment in all Police Education &

Training Activities and on Anti-Torture

and Human Rights Protection Training

for Detention Authorities.

DILG, CHRP and other government

agencies and civil society organizations

have signed the Declaration of Support

for the National Monitoring Mechanisms

(NMM) on Human Rights on December

16, 2014 to monitor and address

incidences of human rights violations in

the Philippines.

DILG issued Joint Memorandum

Circular No. 1, Series of 2014, dated 16

December 2014 on “Mainstreaming

Human Rights Through Rule of Law

and Access to Justice at the Level of

Provinces, Cities, Municipalities and

barangays”, which mandates the

creation of Human Rights Committee as

one of the standing committees of

respective Sanggunian. Also said

circular mandates the establishment of

Human Rights Action Teams and

Human Rights Action Center at all LGU

levels to ensure mainstreaming of HR in

local governance.

Part of anti-torture strategy, PNP

inspected 2,877 Police Custodial

Facilities, conducted multi-sectoral

cooperation activities. Other PNP’s

initiatives to prevent torture include the

strict implementation of the Policies on

Banning Hazing and Other Forms of

Maltreatment in all Police Education &

Training Activities and on Anti-Torture

and Human Rights Protection Training

for Detention Authorities.

On 14 March 2014, the BJMP issued a

Policy on Mandatory Reporting of

Torture Cases.

DSWD implements measures to

prevent torture through its Joint

Monitoring Team of Protective Services

Bureau and the National Inspectorate

Committee’s continuous assistance and

services.

DSWD implemented Community-Based

Programs which are preventive,

rehabilitative and developmental that

mobilize the family anad community to

respond to a problem/need/concern of

children, youth, women, person with

disabilities, older persons and families

who are in need and at risk; and Center-

Based Programs and Services

conducted in centers and facilities

which provide 24-hour alternative family

care to poor vulnerable and

disadvantaged individuals and families

in crisis whose need cannot be met by

their families and relatives or by any

other form of alternative family care for

a period of time.

Passage of RECOGNIZANCE ACT OF

2012 (RA 10389),

INSTITUTIONALIZING

RECOGNIZANCE AS A MODE OF

GRANTING THE RELEASE OF AN

INDIGENT PERSON IN CUSTODY AS

AN ACCUSED IN A CRIMINAL CASE

AND FOR OTHER PURPOSES”

Salient Features:

The right of persons, except those

charged with crimes punishable by

death, reclusion perpetua , or life

imprisonment, to be released on

recognizance before conviction by the

Regional Trial Court, irrespective of

whether the case was originally filed in

or appealed to it, upon compliance with

the requirements of this Act, is hereby

affirmed, recognized and guaranteed.

Section 5. Release on Recognizance

as a Matter of Right Guaranteed by the

Constitution. The release on

recognizance of any person in custody

or detention for the commission of an

offense is a matter of right when the

offense is not punishable by death,

reclusion perpetua , or life

imprisonment:

Provided, That the accused or any

person on behalf of the accused files

the application for such:

(a) Before or after conviction by the

Metropolitan Trial Court, Municipal Trial

Court, Municipal Trial Court in Cities

and Municipal Circuit Trial Court; and

2.     Institutionalization of

Release on

Recognizance, and such

other paralegal measures

(b) Before conviction by the Regional

Trial Court: Provided, further, That a

person in custody for a period equal to

or more than the minimum of the

principal penalty prescribed for the

offense charged, without application of

the Indeterminate Sentence Law, or any

modifying circumstance, shall be

released on the person’s recognizance.

Along with the paralegal program, these

laws will substantially decongest the

jails which are the main cause of the

sub-human condition in many jails.

Reorganized BJMP Regional, Provincial

and

Unit Paralegal Offices and Activated

Paralegal Corners and Desks in every

city, district and municipal jails

nationwide, visible and accessible for

every inmate who wants to avail of the

services offered by the program

Reinforced the capability of the

Paralegal Officers to address the

concerns of inmates through the

conduct of Paralegal Trainings

Conducted surprise inspections to jails

to determine if paralegal programs are

implemented

Developed and Distributed BJMP

Paralegal Manual and Resource Book,

in partnership with the Humanitarian

Legal Assistance Foundation (HLAF)

PDEA created the Welfare Desk for

Children and Women to continuously

monitor the status of children and

women involved in illegal drugs

activities under PDEA custody.

MEDIUM TERM

(2)

90% of the police, military

and custodial services are

well trained on human

rights.

Impact/evaluation

studies on HR(i.e.

custodial system and

educational system)

A total of 41,000 PNP personnel have

undergone training on HR laws from

2012-2015 and 1,492 capability building

activities were also conducted from

2012 to 2014.

While the target number of

trained PNP personnel on HR

was not met, in 2014, the

following were achieved:

Recommendation to the

PNP leadership for

additional financial support

for the conduct of training on

Human Rights.

Under CY 2011-2016 National Security

Policy, police, military and other

concerned member-agencies made

great strides in the conduct of Human

Rights Education and Training for the

Security Sector.

a.     Human Rights Module in

all PNP mandatory

schooling/trainings;

Close monitoring of

custodial facilities.

b.     Anti-Torture and Human

Rights Protection Training is

mandatory for all custodial

personnel; and

Sustain harnessing of

support from CHRP, civil

society organizations and

other human rights

defenders in advancing the

country’s human rights

agenda.

c.     Inclusion of Human Rights-

Based Policing module in all

PNP Career Courses.

Use of HR case studies

method in the conduct of

interview for promotion.

All PNP Custodial Personnel have

undergone the Anti-Torture and Human

Rights Protection Mandatory Training.

-          20% of the

manpower of law

enforcement agencies

trained annually.

ANNUAL

(1)

2012-2016

-          Impact/evaluation

studies of education and

training on human rights

within security/custodial

system, and in the

THEMATIC OBJECTIVE 3 TO HEIGHTEN AWARENESS OF, AND RESPECT FOR HR AMONG STATE AGENTS, AND THE GENERAL PUBLIC.

Strategic Indicator: Decreased number or absence of complaints of human rights violations more particularly against CAT and RA 9745

TARGETS

PAPS

PROGRAM

ACTIVITIES AND

PROJECTS

(3)

DATA VALIDATION/ ADDITIONAL

INPUTS/ ENHANCEMENTS

(4)

ASSESSMENT WHETHER

TARGETS ARE MET/

CHALLENGES/ HINDERING

FACTORS (5)

RECOMMENDED NEXT

STEPS (6)

Conduct Actual field data, well-

funded research, methodology

of training, review

Conduct of study whether

the Human Rights cases

can redound to lesser

violations on human rights.

In 2013, the “Guidebook on the

Investigation and Prosecution of Human

Rights Cases” was developed by the

Department of Justice in partnership

with the CHRP, United Nations

Development Programme and the

University of the Philippines College of

Law. This guidebook is used as a

reference in all PNP human rights

training and anti-torture information and

advocacy activities.

Draft of Policy/Directive for

PNP personnel

(investigators and front

liners) for the mandatory

execution of affidavit that

they have read and inform

the accused of his/her rights

and also the

victims/complainants.

All BJMP personnel have undergone

training on HR laws.

All PDEA drug enforcement officers and

Custodial Officers have undergone

human rights training as it is part of the

Drug Enforcement Basic Course and

Custodial Officers Course. It is an SOP

as embodied in the PDEA Manual of

Anti-Drug Operations that all persons

arrested, detained or under custodial

investigation are apprised of the

Miranda rights, subjected to physical

and medical examination.

AFP persistently conducts an advocacy

campaign to prevent the occurrence of

torture in compliance with Anti-Torture

Act of 2009; the Philippine Act on

Crimes Against International

Humanitarian Law, Genocide and Other

Crimes Against Humanity; the Anti-

Enforced or Involuntary Disappearance

Act of 2012; and, the Comprehensive

Program Framework for Children in

Armed Conflict are incorporated in the

curriculum of AFP education and

training programs, specifically in pre-

entry, basic, advance, specialization

and general staff courses.

Downward trend in the number of

reported alleged torture incidents

involving PNP:

Close monitoring of

custodial and detention

facilities.

2011 - 38 incidents

2012 - 19 incidents

2013 - 15 incidents

2014 - 12 incidents

2015 - 2 incidents (As of June 2015)

From 2012 to date, BJMP has no

reported cases of torture involving jail

personnel.

For 2014, PDEA Internal Affairs Service

(IAS) did not receive any complaint on

human rights involving PDEA

personnel.

-         Decrease in the

incidence of torture

involving law enforcement

agencies

Limited resources to support

infrastructure development,

technology enhancement and

training to address torture as

the main challenge in

implementing HR agenda and

RA 9745.

Sustained Harnessing of

Support from CHRP, civil

society organizations and

other human rights

defenders in advancing the

country’s human rights

agenda.

MEDIUM TERM

(2)

Advocacy for the

legislation of NPM, and for

the ratification of

ICPAPED

Lobby for appropriate

action/background

studies/ policy

statements/ positions.

Legislation of NPM in both Congress is

on-going.

However, landmark legislations passed

include the Enactment of Republic Act

No. 10575, "Bureau of Corrections

Modernization Act of 2013", highlighted

the government's effort to restructure,

modernize faclilities and professionalize

programs and services at par with

international standards on the treatment

of offenders.

House Bill No. 5193 filed before

the 16th Congress which aims

to fulfill the obligation of

establishing the National

Committee for the Prevention

of Torture (NCPT) and the

National Preventive Mechanism

(NPM) was unfortunately not

passed within the period as

prescribed under Article 17 of

the OPCAT due to intervening

events.

Convene series of meetings

with the members of the

House of Representatives,

DOJ, CHR, AFP and other

stakeholders to pave way for

the drafting of a law/bill and

creation of an inter-agency

committee to address this

concern.

Passage also of following legislations

aimed to decongest jails and prisons:

Continue lobbying for the

approval of a legislation that

will establish an NPM with

independence, transparency

REPUBLIC ACT NO. 10159, "AN ACT

AMENDING ARTICLE 39 OF ACT NO.

3815, AS AMENDED, OTHERWISE

KNOWN AS THE REVISED PENAL

CODE", aimed to decongest jails and

prisons.

ANNUAL

(1)

2012-2016

-         

Evaluation/assessment

studies of legal/judicial/

administrative measures,

and mechanisms relative to

the prevention of human

rights violation particularly

with reference to the CAT,

and RA 9745

THEMATIC OBJECTIVE 4 TO ENACT APPROPRIATE LEGISLATION AND SUPPORTING EOS, AOS

STRATEGIC INDICATOR: INSTITUTION AND/OR MODIFICATION OF APPROPRIATE LEGAL/JUDICIAL/ADMINISTRATIVE MEASURES AND MECHANISMS AT PAR WITH

TARGETS

PAPS

PROGRAM

ACTIVITIES AND

PROJECTS

(3)

DATA VALIDATION/ ADDITIONAL

INPUTS/ ENHANCEMENTS

(4)

ASSESSMENT WHETHER

TARGETS ARE MET/

CHALLENGES/ HINDERING

FACTORS (5)

RECOMMENDED NEXT

STEPS (6)

Senate Bill No. 2461 filed

before the 16th Congress aimed

to eliminate inhuman conditions

in Philippine Prisons and Jails

but was not passed due to

more pressing issues that

require the attention of the

legislators.

2012-2013

-          Legislative

Advocacy up to the 2nd

reading of the NPM

Silent Features:

SECTION 1. Article 39 of Act No. 3815,

as amended, is hereby further

ammended to read as follows:

"Art.39. Subsidiary Penalty. - If the

convict has no property with which to

meet the fine mentioned in paragraph 3

of the next preceding article, he shall be

subject to a subsidiary personal

liability at the rate of one day for

each aount equivalent to the highest

minimum wage rate prevailing in the

Philippines at the time of the

redention of judgement of conviction

by the trial court,xxx.

DILG issued Guidelines for Local

Government Units in the Development

of the Comprehensive Local Juvenile

Intervention Program and Memorandum

Circular No. 2012-120, directing all

LGUs to comply with Section 15, RA

9344 by allocating at least 1% of their

Internal Revenue Allotment for the

strengthening and implementation of

programs for the Local Council for the

Protection of Children.

Proposed bills aimed to

decongest jails and improve the

living condition of inmates were

not passed as planned due to

more pressing issues that

require the attention of the

legislators and these include

“An Act Placing the Provincial,

Sub-Provincial Jails under the

Jurisdiction of the BJMP” and

Jail Infrastructure Development

and BJMP Modernization Act”.

However, two (2) important

legislations targeted that were

passed include the Republic

Act No. 10592, An Act

Amending Articles 29, 94,97,98

and 99 of Act No. 3815, As

Amended Otherwise Known as

the Revised Penal Code was

passed on May 29, 2013,

,which grants not only the

Director of the Bureau of

Corrections the authority to

grant good conduct time

allowance to inmates but also

to the Chief of the BJMP and

Wardens of the Provincial, City,

District and Municipal Jails and

its Implementing Rules and

Regulations issued on 26

March 2014.

MEDIUM TERM

(2)

Ratification of HR

instruments - ICPAPED

Limited progress in the effort to ratify

this HR instrument.

Sustained lobbying for the

ratification of ICPAPED.

The government firmly committed to

due process and rule of law enacted

the following human rights laws:

Enduring promotion through

round table discussions

giving emphasis on the

benefits of the State.

a. “Anti-Enforced or Involuntary

Disappearance Act of 2012” (RA

10353), approved last 21 December

2012;

b. “Philippine Act on Crimes Against

International Humanitarian Law,

Genocide, and Other Crimes Against

Humanity” (RA 9851), approved on 11

December 2009;

RECOMMENDED NEXT

STEPS (6)

ANNUAL

(1)

On May 29, 2014, a Round

Table Discussion was

conducted by the Asian

Federation against Involuntary

Disappearances (AFAID) in

partnership with the House

Committee on Human Rights,

entitled: Convention Now. The

Imperative of the Philippines’

Accession to the Convention

Against Disappearances”.

During said RTD, it was agreed

that the ratification of the

convention should be referred

to the Department of Foreign

Affairs for further studies.

2012-2013

THEMATIC OBJECTIVE 5 TO RATIFY THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF ALL PERSONS FROM ENFORCED

STRATEGIC INDICATOR: ACCESSION, AND/OR RATIFICATION OF THE ICPAPED; EXTENT OF LOBBYING ACCOMPLISHED, AND THE MEASURES BY WHICH

LEGISLATORS HAVE TAKEN TOWARDS THE RATIFICATION OF IPAPED

TARGETS

PAPS

PROGRAM

ACTIVITIES AND

PROJECTS

(3)

DATA VALIDATION/ ADDITIONAL

INPUTS/ ENHANCEMENTS

(4)

ASSESSMENT WHETHER

TARGETS ARE MET/

CHALLENGES/ HINDERING

FACTORS (5)

-          Legislative

advocacy up to the 2nd

reading

Lobby for appropriate

action/ background

studies/ policy

sttemments/ positions.

c.     An Act Defining Certain Rights of

Person Arrested, Detained or Under

Custodial Investigation as well as the

Duties of the Arresting, Detaining and

Investigating Officers, and Providing

Penalties for Violations Thereof (RA

7438), approved on 27 April 1992; and

Absence of an agency

champion that would look at the

obligations at the lens of the

benefits the State will gain from

this HR instrument.

d.     Law on the Recognition and

Reparations for Victims of Martial Law

(RA 10368).

Also, Administrative Order No. 35,

series of 2012 was signed by the

President creating 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.

Greatest challenge of

ICPAPED for concerned

agencies are the obligations,

accountabilities and

responsibilities of the State.

Identification of agency

champion that can

orchestrate all efforts of

stakeholders toward the

ratification of ICPAPED.