Convention Against Torture (CAT) Accomplishment Report 2nd Philippine Human Rights Plan

1. 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

2. 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

3. 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.”

4. 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

5. 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

6. (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.

7. 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.