Philippines
08.07.02
Urgent Interventions
Philippines: children detained in inhuman conditions
CHILD CONCERN
Case PHL 080702. CC
Arbitrary detention
Torture and other forms of ill-treatment
The International Secretariat of OMCT requests your URGENT intervention regarding the following situation in the Philippines.
Brief description of the situation
The International Secretariat of OMCT has just been informed by a reliable source that four children have been arbitrarily arrested and are detained in conditions incompatible with international juvenile justice law and standards.
According to the information received, Manuel Flores (10), was arrested by the Angeles District police for vagrancy and sniffing glue and has been since detained in the Angeles District Jail, Pampanga Province, for more than a month. According to Manuel, he has not been brought before a judge or other officer authorized by law to exercise judicial power. Felix Cusipag (12), like Manuel, was arrested by the local police for vagrancy and sniffing glue and has been in prison for more than one month. He declared that he has never been brought before a judge or any other judicial authority. He believes that his parents have not been informed of his detention and therefore he has not been visited by any family members. Camaroding Ajisalie (17) has been in prison for five months already. He has been sentenced to six months and one day of imprisonment for sniffing glue. Michael Navarro (17) has been in prison for two months. He has been charged with attempted robbery and he has had four court hearings already. His next hearing is scheduled for October 2002, by which time he will have served six (6) months in Angeles Prison.
Despite existing juvenile detention facilities in the district, such as the care institution of the Department of Social Services and Development, these four children are kept in the same prison block as adult detainees and it has been reported that no effort has been made to treat them differently because of their age.
Allegedly, the four children are detained 23 hours a day in a small dark and very hot cell with no sleeping facilities apart from the concrete floor. There is no electric fan and no ventilation in the cell. All of them are wearing rags. They eat their food with their hands, as there are no utensils provided. They do not have toothbrushes or soap.
According to the information received, the only toilet facility is an unclean hole in the floor of the cell, infested by insects, only a few feet from where the children sleep. In addition, they do not have water for washing in the cell.
Apart from a small television outside their cell, the children are provided with no educational, mental or physical stimuli.
The international secretariat of OMCT is seriously concerned by the situation of these children and wishes to recall that the Philippines are a party to the Convention on the Rights of the Child, and are accordingly bound to respect Article 37 of the Convention that declares that “States Parties shall ensure that:
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances”.
Actions Requested
Please write to the authorities of the Philippines urging them to:
i. immediately put an end to all forms of arbitrary arrests of children (any persons below the age of 18), prohibiting in particular that status offences, such as vagrancy, be considered as legal grounds of arrest;
ii. order the immediate release of the children who are arbitrarily detained;
iii. take all necessary measures to guarantee the physical and psychological integrity of all child detainees, ensuring in particular their rights to adequate food, accommodation and sanitation, to education and leisure, to maintain contact with their families and to sufficient access to open facilities;
iv. ensure that child detainees are kept separately from adults, unless it is in their best interest not to do so;
v. guarantee to each one of the ill-treated children the right to adequate reparation and social reintegration;
vi. guarantee the respect of human rights and fundamental liberties of all children throughout the country, in accordance with national and international law, and particularly with the Convention on the Rights of the Child.
Addresses
· Her Excellency Gloria Macapagal-Arroyo, President of the Philippines, Malacañang Palace, JP Laurel Street, San Miguel, Manila 1005, Fax: +632 736 1010, 733-2107, Email: pgma@compass.com.ph or opnet@ops.gov.ph
· Hon. Hernando Perez, Secretary, Department of Justice, DOJ Building, Padre Faura, Manila 1004, Fax: +632 521 1614
· Hon. Jose C. De Venecia, Jr., Speaker of the House of Representatives, Batasan Complex, Constitution Hills,Quezon City NCR, Fax:(2) 931 5556
· Franklin M. Drilon, Senate President, Rm 606, 6th Floor, Senate of the Philippines, Roxas Blvd., Pasay City Philippines, Fax:(2) 552 6876, Email: fmd@sendrilon.org.ph
Please write to the diplomatic representatives of the Philippines in their respective countries.
Geneva, 8 July 2002
Kindly inform us of any action taken regarding the present case, citing the case number of this appeal in your response.
Case PHL 080702. CC
Arbitrary detention
Torture and other forms of ill-treatment
The International Secretariat of OMCT requests your URGENT intervention regarding the following situation in the Philippines.
Brief description of the situation
The International Secretariat of OMCT has just been informed by a reliable source that four children have been arbitrarily arrested and are detained in conditions incompatible with international juvenile justice law and standards.
According to the information received, Manuel Flores (10), was arrested by the Angeles District police for vagrancy and sniffing glue and has been since detained in the Angeles District Jail, Pampanga Province, for more than a month. According to Manuel, he has not been brought before a judge or other officer authorized by law to exercise judicial power. Felix Cusipag (12), like Manuel, was arrested by the local police for vagrancy and sniffing glue and has been in prison for more than one month. He declared that he has never been brought before a judge or any other judicial authority. He believes that his parents have not been informed of his detention and therefore he has not been visited by any family members. Camaroding Ajisalie (17) has been in prison for five months already. He has been sentenced to six months and one day of imprisonment for sniffing glue. Michael Navarro (17) has been in prison for two months. He has been charged with attempted robbery and he has had four court hearings already. His next hearing is scheduled for October 2002, by which time he will have served six (6) months in Angeles Prison.
Despite existing juvenile detention facilities in the district, such as the care institution of the Department of Social Services and Development, these four children are kept in the same prison block as adult detainees and it has been reported that no effort has been made to treat them differently because of their age.
Allegedly, the four children are detained 23 hours a day in a small dark and very hot cell with no sleeping facilities apart from the concrete floor. There is no electric fan and no ventilation in the cell. All of them are wearing rags. They eat their food with their hands, as there are no utensils provided. They do not have toothbrushes or soap.
According to the information received, the only toilet facility is an unclean hole in the floor of the cell, infested by insects, only a few feet from where the children sleep. In addition, they do not have water for washing in the cell.
Apart from a small television outside their cell, the children are provided with no educational, mental or physical stimuli.
The international secretariat of OMCT is seriously concerned by the situation of these children and wishes to recall that the Philippines are a party to the Convention on the Rights of the Child, and are accordingly bound to respect Article 37 of the Convention that declares that “States Parties shall ensure that:
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances”.
Actions Requested
Please write to the authorities of the Philippines urging them to:
i. immediately put an end to all forms of arbitrary arrests of children (any persons below the age of 18), prohibiting in particular that status offences, such as vagrancy, be considered as legal grounds of arrest;
ii. order the immediate release of the children who are arbitrarily detained;
iii. take all necessary measures to guarantee the physical and psychological integrity of all child detainees, ensuring in particular their rights to adequate food, accommodation and sanitation, to education and leisure, to maintain contact with their families and to sufficient access to open facilities;
iv. ensure that child detainees are kept separately from adults, unless it is in their best interest not to do so;
v. guarantee to each one of the ill-treated children the right to adequate reparation and social reintegration;
vi. guarantee the respect of human rights and fundamental liberties of all children throughout the country, in accordance with national and international law, and particularly with the Convention on the Rights of the Child.
Addresses
· Her Excellency Gloria Macapagal-Arroyo, President of the Philippines, Malacañang Palace, JP Laurel Street, San Miguel, Manila 1005, Fax: +632 736 1010, 733-2107, Email: pgma@compass.com.ph or opnet@ops.gov.ph
· Hon. Hernando Perez, Secretary, Department of Justice, DOJ Building, Padre Faura, Manila 1004, Fax: +632 521 1614
· Hon. Jose C. De Venecia, Jr., Speaker of the House of Representatives, Batasan Complex, Constitution Hills,Quezon City NCR, Fax:(2) 931 5556
· Franklin M. Drilon, Senate President, Rm 606, 6th Floor, Senate of the Philippines, Roxas Blvd., Pasay City Philippines, Fax:(2) 552 6876, Email: fmd@sendrilon.org.ph
Please write to the diplomatic representatives of the Philippines in their respective countries.
Geneva, 8 July 2002
Kindly inform us of any action taken regarding the present case, citing the case number of this appeal in your response.