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On State’s protection,On State’s protection,
promotion and fulfillment ofpromotion and fulfillment of
the rights of personsthe rights of persons
against torture and otheragainst torture and other
cruel, inhuman orcruel, inhuman or
degrading treatmentdegrading treatment
Director Leocadio T. Trovela, CESO IVDirector Leocadio T. Trovela, CESO IV
NBOO, DILGNBOO, DILG
November 6, 2015November 6, 2015
Convention Against Torture (CAT)
• United Nations Convention Against Torture
International human rights treaty
Aims to prevent torture and other acts of
cruel, inhuman, or degrading treatment
or punishment around the world
• The Convention requires state parties
take effective measures to prevent
torture
 forbids states to transport people to any
country where there is reason to believe
they will be tortured
• December 10 1984 – text of the
Convention was adopted by the UN
General Assembly
• June 26, 1987 – ratified by 20th
state party
and came into force
– accepted as a principle of customary
international law
• June 18, 1987 – Philippine Government
acceded to the Convention
• As of May 2015, the Convention has 158
state parties.
Convention Against Torture (CAT)
Administrative Order No. 163
“Strengthening and increasing the
membership of the Presidential Human
Rights Committee and expanding further
the functions of the said Committee”
Convention Against Torture (CAT)
The Order specifically designates the
Department of the Interior and Local
Government (DILG) which has jurisdiction
over the Philippine National Police, the
Bureau of Jail Management and
Penology, and the local government units
to lead an inter-agency working group
and to coordinate for compliance with and
implementation of the Convention Against
Torture.
Convention Against Torture (CAT)
To ratify the international convention for theTo ratify the international convention for the
protection of all persons from enforcedprotection of all persons from enforced
disappearances (ICPAPED)disappearances (ICPAPED)
Thematic Objectives
To enact appropriate legislation andTo enact appropriate legislation and
supporting EOs, AOssupporting EOs, AOs
To heighten awareness of, and respect for HRTo heighten awareness of, and respect for HR
among state agents, and the general publicamong state agents, and the general public
To enhance preventive and protectiveTo enhance preventive and protective
mechanismsmechanisms
To implement RA 9745 (Anti-Torture Law ofTo implement RA 9745 (Anti-Torture Law of
2009)2009)
Agency Treaty Implementation PlanAgency Treaty Implementation Plan
THEMATIC OBJECTIVE 1:
To Implement RA 9745 (Anti-Torture LawTo Implement RA 9745 (Anti-Torture Law
of 2009)of 2009)
Targets:
Comprehensive and updated Database on
Detention Centers and Other Places of Deprivation
Unrestricted exercise by the CHRP of its Visitorial
Powers
Formulation of Rehabilitation Programs
Agency Treaty ImplementationAgency Treaty Implementation
Action PlanAction Plan
THEMATIC OBJECTIVE 1:
To Implement RA 9745 (Anti-Torture Law ofTo Implement RA 9745 (Anti-Torture Law of
2009)2009)
Targets:
Training and practice on the Istanbul Protocol as spelled out
in the IRR
Education and information campaign for security sector and
law enforcement agencies, medical personnel, public officials
and schools
Convening of the Oversight Committee
Agency Treaty ImplementationAgency Treaty Implementation
Action PlanAction Plan
THEMATIC OBJECTIVE 2:
To Enhance Preventive and ProtectiveTo Enhance Preventive and Protective
MechanismsMechanisms
Targets:
Setting-up of the National Preventive Mechanism, Unified
Penitentiary System, enforcement, and operationalization of
command responsibility in the police, military and custodial services
Institutionalization of release on recognizance and such other
paralegal measures
Agency Treaty ImplementationAgency Treaty Implementation
Action PlanAction Plan
THEMATIC OBJECTIVE 3:
To heighten awareness of, and respect for HR amongTo heighten awareness of, and respect for HR among
state agents, and the general publicstate agents, and the general public
Targets:
Impact/evaluation studies of education and training on HR within
security/custodial system
20% of the manpower of law enforcement agencies trained annually
Decrease in the incidence of torture involving law enforcement agencies
Agency Treaty ImplementationAgency Treaty Implementation
Action PlanAction Plan
THEMATIC OBJECTIVE 4:
To enact appropriate legislation and supporting EOs,To enact appropriate legislation and supporting EOs,
AOsAOs
Targets:
•Evaluation/assessment of studies/ legal/ judicial/administrative measures,
and mechanisms relative to the prevention of HR violation particularly with
reference to the CAT and RA 9745
•Legislative advocacy up to the 2nd
reading of the NPM
Agency Treaty ImplementationAgency Treaty Implementation
Action PlanAction Plan
THEMATIC OBJECTIVE 5:
To ratify the international convention for the protection of all persons from enforcedTo ratify the international convention for the protection of all persons from enforced
disappearances (ICPAPED)disappearances (ICPAPED)
Targets:
Legislative advocacy
Background on the Report
Preparation Process
ACCOMPLISHMENTSACCOMPLISHMENTS//
SUCCESS AREASSUCCESS AREAS
• Full computerization of prison records
• The Simplified Inmates Records System to
detention prisoners has been upgraded to
National Inmates Monitoring System
• As of September 2015, the PNP has attained
100% inspection of its 54 custodial facilities
and regularly submitted on a monthly basis
report thereof to CHR
THEMATIC OBJECTIVE 1:
To implement RA 9745
(Anti-Torture Law of 2009)
Accomplishments/Success Areas
• On capacity building for law enforcers,
– 131 trained custodial officers of NCR
Police Office
– 3,500 distributed IEC materials on RA 974
and 1,500 posters bearing the Rights of
Persons Under Arrest/Custodial
Investigation nationwide
THEMATIC OBJECTIVE 1:
To implement RA 9745
(Anti-Torture Law of 2009)
Accomplishments/Success Areas
• On prosecution of perpetrators of torture,
– Ex-Police Senior Inspector Joselito
Binayug was arrested last April 2013
– At least four (4) PNP personnel had been
administratively charged and were later
dismissed from the police service for their
involvement in the so-called “Wheel of
Torture” incident
THEMATIC OBJECTIVE 1:
To implement RA 9745
(Anti-Torture Law of 2009)
Accomplishments/Success Areas
• Established the Human Rights Affairs
Office (HRAO) and the Human Rights
Desk (HRD)
• Completed issuance of Security
Identification Cards to all its personnel
nationwide bearing an Anti-Torture
message
THEMATIC OBJECTIVE 1:
To implement RA 9745
(Anti-Torture Law of 2009)
Accomplishments/Success Areas
• Issued Special Operating Procedure (SOP)
No. 2010-08 based on the “Basic Principles
on the Use of Force and Firearms”
• 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
THEMATIC OBJECTIVE 1:
To implement RA 9745
(Anti-Torture Law of 2009)
Accomplishments/Success Areas
• Institutionalization of the Therapeutic
Community Modality Program (TCMP)in 258
jails or 56% of jails nationwide
• Established a mechanism for reporting
torture cases through the Policy on
Mandatory Reporting of Torture Cases dated
April 2, 2014
THEMATIC OBJECTIVE 1:
To implement RA 9745
(Anti-Torture Law of 2009)
Accomplishments/Success Areas
• Development of Human Rights Violation
Monitoring Mechanism
• Creation and Operationalization of its
Human Rights Desks nationwide
– 2,108 PNP Human Rights Desks were
created and fully operational
– 165 dialogues/fora with other HR
stakeholders undertaken
THEMATIC OBJECTIVE 2:
To enhance preventive and protective
mechanisms
Accomplishments/Success Areas
• Activation of paralegal corners and desks in
all jails
• Surprise inspections in jails are conducted to
determine if paralegal programs are properly
and timely implemented
• Implementation of decongestion measures
that will improve human rights conditions in
jails
THEMATIC OBJECTIVE 2:
To enhance preventive and protective
mechanisms
Accomplishments/Success Areas
• 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
• Supports the establishment of a national
preventive mechanism against torture in the
Philippines, embodied in House Bill No.
2401
THEMATIC OBJECTIVE 2:
To enhance preventive and protective
mechanisms
Accomplishments/Success Areas
• BJMP adheres to its existing policy under
Rule III of the BJMP Manual which provides
the manner of handling inmates with special
needs
• 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
THEMATIC OBJECTIVE 2:
To enhance preventive and protective
mechanisms
Accomplishments/Success Areas
• Formulated programs thrusts in HR through
its HRAO
– CLICK HR (Computer-aided Learning
and Inventory of Comprehension and
Knowledge on Human Rights)
– STAR (System Synergy and Team
Approach)
– “Respect for HR as a Way of Life in the
PNP”
THEMATIC OBJECTIVE 2:
To enhance preventive and protective
mechanisms
Accomplishments/Success Areas
• The International Policing Standards and
Principles and the International
Humanitarian Law are now included in the
Program of Instructions for uniformed
service career courses.
• DILG and CHR issued a Joint Memorandum
Circular on December 16, 2014 entitled
“Mainstreaming Human Rights Through Rule
of Law and Access to Justice at the Level of
Provinces, Cities, Municipalities and
Barangays”
THEMATIC OBJECTIVE 2:
To enhance preventive and protective
mechanisms
Accomplishments/Success Areas
• From 2012-2014, 1,492 capability building
activities were conducted by HRAOs and the
17 Regional Human Rights Desks
• In 2013, 59 custodial personnel received
training on counseling and application of the
TCMP
• In 2012, 35 medical personnel attended
Emergency Medical Response Team
Training
THEMATIC OBJECTIVE 3:
To heighten awareness of, and respect for HR
among state agents, and the general public
Accomplishments/Success Areas
• In 2011, 21 personnel representing 20 jails
and the National Jail Management and
Penology Training Institute (NJMPTI)
attended a training conducted by CHR on
Anti-Torture and Human Rights
• Conducted Gender Sensitivity Training
(GST) for PNP Personnel as well as a series
of LGBT trainings
THEMATIC OBJECTIVE 3:
To heighten awareness of, and respect for HR
among state agents, and the general public
Accomplishments/Success Areas
• The PNP conducted and attended human
rights and IHL trainings in partnership with
Alternative Law Group (ALG) and
International Committee of the Red Cross
(ICRC)
• Conducted Top Level Forum and Workshop
on International Law Enforcement Standards
for Senior Police Officers
• HR and IHL Advocacy Campaigns
THEMATIC OBJECTIVE 3:
To heighten awareness of, and respect for HR
among state agents, and the general public
Accomplishments/Success Areas
• First Southeast Asia Human Rights Forum
for Police Officials
• Human Rights has been incorporated in the
POI for jail officers in the NJMPTI
• A Detainee Information Sheet is provided to
inmates as soon as they are committed to a
BJMP facility
THEMATIC OBJECTIVE 3:
To heighten awareness of, and respect for HR
among state agents, and the general public
Accomplishments/Success Areas
• PNP has made strides in the Security Sector
Reforms(SSR) which includes provision of
human rights education and training for
uniformed services, as required under CY
2011-2016 National Security Police of
President Aquino
• Human rights offices as well as the
designation of HROs were institutionalized in
the PNP and in the AFP
THEMATIC OBJECTIVE 3:
To heighten awareness of, and respect for HR
among state agents, and the general public
Accomplishments/Success Areas
• Landmark laws were passed such as,
– Bureau of Corrections Modernization Act of
2013
– RA 9262 or “Anti-Violence against Women
and their Children Act of 2004”
• Passage of laws to decongest jails
– RA 10159 or “An Act Amending Article 39 of
Act No. 3815, as Amended, Otherwise
Known as the Revised Penal Code”
– RA 10389 or “The Recognizance Act of 2012”
THEMATIC OBJECTIVE 4:
To enact appropriate legislation and
supporting EOs, AOs
Accomplishments/Success Areas
• Prepared Bill on Alternative to Imprisonment
based on the UN Tokyo Rules of the UN
Standard Minimum Rules for Non-Custodial
Measures
• Participated in congressional hearings and
expressed support for the enactment of
landmark human rights laws such as,
–RA 9745 or “Anti-Torture Law”
–RA 10353 or “Anti-Enforced Disappearance
Law”
THEMATIC OBJECTIVE 4:
To enact appropriate legislation and
supporting EOs, AOs
Accomplishments/Success Areas
Cont…
–RA 9851 or “International Humanitarian Law”
–RA 10368 or “Law on Recognition and
Reparations for Victims of Marital Law”
THEMATIC OBJECTIVE 4:
To enact appropriate legislation and
supporting EOs, AOs
Accomplishments/Success Areas
• 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
– Law on the Recognition and Reparations for
Victims of Martial Law
THEMATIC OBJECTIVE 5:
To ratify the international convention for the
protection of all persons from enforced
disappearances (ICPAPED)
Accomplishments/Success Areas
• 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
Secutiry of Persons
THEMATIC OBJECTIVE 5:
To ratify the international convention for the
protection of all persons from enforced
disappearances (ICPAPED)
Accomplishments/Success Areas
CHALLENGESCHALLENGES
• Unavailability of donor funds
– Dependent on external support
• Changes in project partner priorities
• Limited resources to support
infrastructure development, technology
enhancement, and training needed to
address torture
Challenges
WAYS FORWARDWAYS FORWARD
• 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
• Establishment of Referral System,
Mandatory Registry and Centralized
Juvenile Justice Welfare Information
Management System
Ways Forward
• Restructuring of PNP HRAO
• Strengthening of PNP’s Core
Competency Investigation Training
Program
• Establishment of the eSubpoena and
eWarrant and continuous
collaboration/partnership with various
stakeholders
Ways Forward
• BJMP IT connectivity, jail expansion and
rehabilitation of its facilities
• Upgrading and strengthening of its human
rights advocacies
Ways Forward
COMMITMENT OFCOMMITMENT OF
SUPPORTSUPPORT
Ugnayang Bayan 2015 - Convention Against Torture (CAT)
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Ugnayang Bayan 2015 - Convention Against Torture (CAT)

  • 1. On State’s protection,On State’s protection, promotion and fulfillment ofpromotion and fulfillment of the rights of personsthe rights of persons against torture and otheragainst torture and other cruel, inhuman orcruel, inhuman or degrading treatmentdegrading treatment Director Leocadio T. Trovela, CESO IVDirector Leocadio T. Trovela, CESO IV NBOO, DILGNBOO, DILG November 6, 2015November 6, 2015
  • 2. Convention Against Torture (CAT) • United Nations Convention Against Torture International human rights treaty Aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world • The Convention requires state parties take effective measures to prevent torture  forbids states to transport people to any country where there is reason to believe they will be tortured
  • 3. • December 10 1984 – text of the Convention was adopted by the UN General Assembly • June 26, 1987 – ratified by 20th state party and came into force – accepted as a principle of customary international law • June 18, 1987 – Philippine Government acceded to the Convention • As of May 2015, the Convention has 158 state parties. Convention Against Torture (CAT)
  • 4. Administrative Order No. 163 “Strengthening and increasing the membership of the Presidential Human Rights Committee and expanding further the functions of the said Committee” Convention Against Torture (CAT)
  • 5. The Order specifically designates the Department of the Interior and Local Government (DILG) which has jurisdiction over the Philippine National Police, the Bureau of Jail Management and Penology, and the local government units to lead an inter-agency working group and to coordinate for compliance with and implementation of the Convention Against Torture. Convention Against Torture (CAT)
  • 6. To ratify the international convention for theTo ratify the international convention for the protection of all persons from enforcedprotection of all persons from enforced disappearances (ICPAPED)disappearances (ICPAPED) Thematic Objectives To enact appropriate legislation andTo enact appropriate legislation and supporting EOs, AOssupporting EOs, AOs To heighten awareness of, and respect for HRTo heighten awareness of, and respect for HR among state agents, and the general publicamong state agents, and the general public To enhance preventive and protectiveTo enhance preventive and protective mechanismsmechanisms To implement RA 9745 (Anti-Torture Law ofTo implement RA 9745 (Anti-Torture Law of 2009)2009)
  • 7. Agency Treaty Implementation PlanAgency Treaty Implementation Plan THEMATIC OBJECTIVE 1: To Implement RA 9745 (Anti-Torture LawTo Implement RA 9745 (Anti-Torture Law of 2009)of 2009) Targets: Comprehensive and updated Database on Detention Centers and Other Places of Deprivation Unrestricted exercise by the CHRP of its Visitorial Powers Formulation of Rehabilitation Programs
  • 8. Agency Treaty ImplementationAgency Treaty Implementation Action PlanAction Plan THEMATIC OBJECTIVE 1: To Implement RA 9745 (Anti-Torture Law ofTo Implement RA 9745 (Anti-Torture Law of 2009)2009) Targets: Training and practice on the Istanbul Protocol as spelled out in the IRR Education and information campaign for security sector and law enforcement agencies, medical personnel, public officials and schools Convening of the Oversight Committee
  • 9. Agency Treaty ImplementationAgency Treaty Implementation Action PlanAction Plan THEMATIC OBJECTIVE 2: To Enhance Preventive and ProtectiveTo Enhance Preventive and Protective MechanismsMechanisms Targets: Setting-up of the National Preventive Mechanism, Unified Penitentiary System, enforcement, and operationalization of command responsibility in the police, military and custodial services Institutionalization of release on recognizance and such other paralegal measures
  • 10. Agency Treaty ImplementationAgency Treaty Implementation Action PlanAction Plan THEMATIC OBJECTIVE 3: To heighten awareness of, and respect for HR amongTo heighten awareness of, and respect for HR among state agents, and the general publicstate agents, and the general public Targets: Impact/evaluation studies of education and training on HR within security/custodial system 20% of the manpower of law enforcement agencies trained annually Decrease in the incidence of torture involving law enforcement agencies
  • 11. Agency Treaty ImplementationAgency Treaty Implementation Action PlanAction Plan THEMATIC OBJECTIVE 4: To enact appropriate legislation and supporting EOs,To enact appropriate legislation and supporting EOs, AOsAOs Targets: •Evaluation/assessment of studies/ legal/ judicial/administrative measures, and mechanisms relative to the prevention of HR violation particularly with reference to the CAT and RA 9745 •Legislative advocacy up to the 2nd reading of the NPM
  • 12. Agency Treaty ImplementationAgency Treaty Implementation Action PlanAction Plan THEMATIC OBJECTIVE 5: To ratify the international convention for the protection of all persons from enforcedTo ratify the international convention for the protection of all persons from enforced disappearances (ICPAPED)disappearances (ICPAPED) Targets: Legislative advocacy
  • 13. Background on the Report Preparation Process
  • 15. • Full computerization of prison records • The Simplified Inmates Records System to detention prisoners has been upgraded to National Inmates Monitoring System • As of September 2015, the PNP has attained 100% inspection of its 54 custodial facilities and regularly submitted on a monthly basis report thereof to CHR THEMATIC OBJECTIVE 1: To implement RA 9745 (Anti-Torture Law of 2009) Accomplishments/Success Areas
  • 16. • On capacity building for law enforcers, – 131 trained custodial officers of NCR Police Office – 3,500 distributed IEC materials on RA 974 and 1,500 posters bearing the Rights of Persons Under Arrest/Custodial Investigation nationwide THEMATIC OBJECTIVE 1: To implement RA 9745 (Anti-Torture Law of 2009) Accomplishments/Success Areas
  • 17. • On prosecution of perpetrators of torture, – Ex-Police Senior Inspector Joselito Binayug was arrested last April 2013 – At least four (4) PNP personnel had been administratively charged and were later dismissed from the police service for their involvement in the so-called “Wheel of Torture” incident THEMATIC OBJECTIVE 1: To implement RA 9745 (Anti-Torture Law of 2009) Accomplishments/Success Areas
  • 18. • Established the Human Rights Affairs Office (HRAO) and the Human Rights Desk (HRD) • Completed issuance of Security Identification Cards to all its personnel nationwide bearing an Anti-Torture message THEMATIC OBJECTIVE 1: To implement RA 9745 (Anti-Torture Law of 2009) Accomplishments/Success Areas
  • 19. • Issued Special Operating Procedure (SOP) No. 2010-08 based on the “Basic Principles on the Use of Force and Firearms” • 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 THEMATIC OBJECTIVE 1: To implement RA 9745 (Anti-Torture Law of 2009) Accomplishments/Success Areas
  • 20. • Institutionalization of the Therapeutic Community Modality Program (TCMP)in 258 jails or 56% of jails nationwide • Established a mechanism for reporting torture cases through the Policy on Mandatory Reporting of Torture Cases dated April 2, 2014 THEMATIC OBJECTIVE 1: To implement RA 9745 (Anti-Torture Law of 2009) Accomplishments/Success Areas
  • 21. • Development of Human Rights Violation Monitoring Mechanism • Creation and Operationalization of its Human Rights Desks nationwide – 2,108 PNP Human Rights Desks were created and fully operational – 165 dialogues/fora with other HR stakeholders undertaken THEMATIC OBJECTIVE 2: To enhance preventive and protective mechanisms Accomplishments/Success Areas
  • 22. • Activation of paralegal corners and desks in all jails • Surprise inspections in jails are conducted to determine if paralegal programs are properly and timely implemented • Implementation of decongestion measures that will improve human rights conditions in jails THEMATIC OBJECTIVE 2: To enhance preventive and protective mechanisms Accomplishments/Success Areas
  • 23. • 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 • Supports the establishment of a national preventive mechanism against torture in the Philippines, embodied in House Bill No. 2401 THEMATIC OBJECTIVE 2: To enhance preventive and protective mechanisms Accomplishments/Success Areas
  • 24. • BJMP adheres to its existing policy under Rule III of the BJMP Manual which provides the manner of handling inmates with special needs • 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 THEMATIC OBJECTIVE 2: To enhance preventive and protective mechanisms Accomplishments/Success Areas
  • 25. • Formulated programs thrusts in HR through its HRAO – CLICK HR (Computer-aided Learning and Inventory of Comprehension and Knowledge on Human Rights) – STAR (System Synergy and Team Approach) – “Respect for HR as a Way of Life in the PNP” THEMATIC OBJECTIVE 2: To enhance preventive and protective mechanisms Accomplishments/Success Areas
  • 26. • The International Policing Standards and Principles and the International Humanitarian Law are now included in the Program of Instructions for uniformed service career courses. • DILG and CHR issued a Joint Memorandum Circular on December 16, 2014 entitled “Mainstreaming Human Rights Through Rule of Law and Access to Justice at the Level of Provinces, Cities, Municipalities and Barangays” THEMATIC OBJECTIVE 2: To enhance preventive and protective mechanisms Accomplishments/Success Areas
  • 27. • From 2012-2014, 1,492 capability building activities were conducted by HRAOs and the 17 Regional Human Rights Desks • In 2013, 59 custodial personnel received training on counseling and application of the TCMP • In 2012, 35 medical personnel attended Emergency Medical Response Team Training THEMATIC OBJECTIVE 3: To heighten awareness of, and respect for HR among state agents, and the general public Accomplishments/Success Areas
  • 28. • In 2011, 21 personnel representing 20 jails and the National Jail Management and Penology Training Institute (NJMPTI) attended a training conducted by CHR on Anti-Torture and Human Rights • Conducted Gender Sensitivity Training (GST) for PNP Personnel as well as a series of LGBT trainings THEMATIC OBJECTIVE 3: To heighten awareness of, and respect for HR among state agents, and the general public Accomplishments/Success Areas
  • 29. • The PNP conducted and attended human rights and IHL trainings in partnership with Alternative Law Group (ALG) and International Committee of the Red Cross (ICRC) • Conducted Top Level Forum and Workshop on International Law Enforcement Standards for Senior Police Officers • HR and IHL Advocacy Campaigns THEMATIC OBJECTIVE 3: To heighten awareness of, and respect for HR among state agents, and the general public Accomplishments/Success Areas
  • 30. • First Southeast Asia Human Rights Forum for Police Officials • Human Rights has been incorporated in the POI for jail officers in the NJMPTI • A Detainee Information Sheet is provided to inmates as soon as they are committed to a BJMP facility THEMATIC OBJECTIVE 3: To heighten awareness of, and respect for HR among state agents, and the general public Accomplishments/Success Areas
  • 31. • PNP has made strides in the Security Sector Reforms(SSR) which includes provision of human rights education and training for uniformed services, as required under CY 2011-2016 National Security Police of President Aquino • Human rights offices as well as the designation of HROs were institutionalized in the PNP and in the AFP THEMATIC OBJECTIVE 3: To heighten awareness of, and respect for HR among state agents, and the general public Accomplishments/Success Areas
  • 32. • Landmark laws were passed such as, – Bureau of Corrections Modernization Act of 2013 – RA 9262 or “Anti-Violence against Women and their Children Act of 2004” • Passage of laws to decongest jails – RA 10159 or “An Act Amending Article 39 of Act No. 3815, as Amended, Otherwise Known as the Revised Penal Code” – RA 10389 or “The Recognizance Act of 2012” THEMATIC OBJECTIVE 4: To enact appropriate legislation and supporting EOs, AOs Accomplishments/Success Areas
  • 33. • Prepared Bill on Alternative to Imprisonment based on the UN Tokyo Rules of the UN Standard Minimum Rules for Non-Custodial Measures • Participated in congressional hearings and expressed support for the enactment of landmark human rights laws such as, –RA 9745 or “Anti-Torture Law” –RA 10353 or “Anti-Enforced Disappearance Law” THEMATIC OBJECTIVE 4: To enact appropriate legislation and supporting EOs, AOs Accomplishments/Success Areas
  • 34. Cont… –RA 9851 or “International Humanitarian Law” –RA 10368 or “Law on Recognition and Reparations for Victims of Marital Law” THEMATIC OBJECTIVE 4: To enact appropriate legislation and supporting EOs, AOs Accomplishments/Success Areas
  • 35. • 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 – Law on the Recognition and Reparations for Victims of Martial Law THEMATIC OBJECTIVE 5: To ratify the international convention for the protection of all persons from enforced disappearances (ICPAPED) Accomplishments/Success Areas
  • 36. • 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 Secutiry of Persons THEMATIC OBJECTIVE 5: To ratify the international convention for the protection of all persons from enforced disappearances (ICPAPED) Accomplishments/Success Areas
  • 38. • Unavailability of donor funds – Dependent on external support • Changes in project partner priorities • Limited resources to support infrastructure development, technology enhancement, and training needed to address torture Challenges
  • 40. • 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 • Establishment of Referral System, Mandatory Registry and Centralized Juvenile Justice Welfare Information Management System Ways Forward
  • 41. • Restructuring of PNP HRAO • Strengthening of PNP’s Core Competency Investigation Training Program • Establishment of the eSubpoena and eWarrant and continuous collaboration/partnership with various stakeholders Ways Forward
  • 42. • BJMP IT connectivity, jail expansion and rehabilitation of its facilities • Upgrading and strengthening of its human rights advocacies Ways Forward

Editor's Notes

  1. CHRP – Commission on Human Rights Philippines
  2. IRR – Implementing Rules and Regulation
  3. HR – Human Rights NPM - National Preventive Mechanism
  4. 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.
  5. 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.
  6. 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.
  7. 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.”
  8. 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.
  9. 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. 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.
  10. 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
  11. 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.
  12. 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.
  13. 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. 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.
  14. 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.”
  15. 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. Per Section 50 (b) (1) of the Local Government Code, the local government units at the level of provinces, cities, municipalities and barangays are mandated to create a Human Rights Committee (HRC) as one of the standing committees of their respective Sanggunian. The HRCs are mandated to develop local policies and legislations that will address issues on human rights, rule of law and access to justice. To address these issues, the CHR and the DILG are strengthening the BHRACs through the Human Rights Action Center and Rule of Law (HRAC & RoL) strategy. The HRAC & RoL widens the democratic space for civil society organizations/people’s organizations/non-government organizations to be part of local governance.
  16. 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. 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.
  17. 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. 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.
  18. 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.  
  19. Human Rights has also been incorporated in the Program of Instruction (POI) for jail officers in the National Jail Management and Penology Training Institute (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.
  20. 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).
  21.   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. 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.”
  22. 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. 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.
  23. 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.  
  24. 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.
  25. 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.
  26. 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 .
  27. 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.
  28. 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 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.