Philippines
23.07.02
Urgent Interventions
Philippines: second update about children detained in inhuman conditions of detention
CHILD CONCERN
Case PHL 080702.2 CC
Follow up to Case PHL 080702.1 CC and PHL 080702.CC
Arbitrary Detention / Torture and other forms of ill-treatment
Geneva, 23 July 2002
The International Secretariat of OMCT has received new information regarding the following situation in the Philippines.
New information
The International Secretariat of OMCT has been informed by a reliable source that Michael Navarro Garcia was released from Angeles Adult Jail in Pampanga after awaiting trial for three months on charges of participation in illegal lotteries. He reportedly pled guilty to the offence and was released at an unconfirmed date (sometime after 8 July 2002) after paying a fine equivalent to six US dollars.
The same source also reported that the Family Court in Angeles City had dismissed the case of Camaroding Ajisalie as early as 3 April 2002, after issuing a court order to have him transferred to a drug rehabilitation centre. However, Camaroding was not made aware of this order or of the results of the proceedings, and was held in Angeles Jail for more than three months with convicted adults despite the court order issued in April. He was not transferred to the drug rehabilitation centre until 5 July 2002.
Furthermore, according to the information received, a court order was issued on 14 June 2002 for the immediate release of Felix Cusipag and Manuel Flores to either their respective parents or the Bahay Bata Centre (NGO). However, Felix was detained at Angeles Jail for 15 days beyond the issuance of the court order, and was not released to his parents until 29 June 2002. Similarly, Manuel was detained at Angeles Jail for 21 days beyond the issuance of the court order, and was released to the Bahay Bata Centre on 5 July 2002.
Brief reminder of the situation
The International Secretariat of OMCT had been informed by a reliable source that four children had been arbitrarily arrested and were detained in conditions incompatible with international juvenile justice law and standards.
Despite existing juvenile detention facilities in the district, such as the care institution of the Department of Social Services and Development, Manuel Flores (10), Felix Cusipag (12), Camaroding Ajisalie (17) and Michael Navarro Garcia (17) were kept in the same prison block as adult detainees and it had been reported that no effort had been made to treat them differently because of their age.
Allegedly, the four children were detained 23 hours a day in a small dark and very hot cell with no sleeping facilities apart from the concrete floor. There was no electric fan and no ventilation in the cell. All of them were wearing rags. They ate their food with their hands, as there were no utensils provided. They did not have toothbrushes or soap.
According to the information received, the only toilet facility was an unclean hole in the floor of the cell, infested by insects, only a few feet from where the children slept. In addition, they did not have water for washing in the cell.
Apart from a small television outside their cell, the children were provided with no educational, mental or physical stimuli.
Action Requested
While welcoming the release of Michael Navarro Garcia as the last of the four children detained, OMCT remains deeply concerned with this situation. OMCT is particularly concerned with the fact that children as young as ten years of age have been detained in an adult prison in unsanitary conditions for extended periods of time despite the prior issuance of court orders demanding their release.
Please write to the authorities in 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. 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;
iii. ensure that child detainees are kept separately from adults, unless it is in their best interest not to do so;
iv. guarantee the right to adequate reparation and social reintegration to ill-treated children;
v. 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 also write to the embassies of the Philippines in your respective country.
Geneva, 23 July, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Case PHL 080702.2 CC
Follow up to Case PHL 080702.1 CC and PHL 080702.CC
Arbitrary Detention / Torture and other forms of ill-treatment
Geneva, 23 July 2002
The International Secretariat of OMCT has received new information regarding the following situation in the Philippines.
New information
The International Secretariat of OMCT has been informed by a reliable source that Michael Navarro Garcia was released from Angeles Adult Jail in Pampanga after awaiting trial for three months on charges of participation in illegal lotteries. He reportedly pled guilty to the offence and was released at an unconfirmed date (sometime after 8 July 2002) after paying a fine equivalent to six US dollars.
The same source also reported that the Family Court in Angeles City had dismissed the case of Camaroding Ajisalie as early as 3 April 2002, after issuing a court order to have him transferred to a drug rehabilitation centre. However, Camaroding was not made aware of this order or of the results of the proceedings, and was held in Angeles Jail for more than three months with convicted adults despite the court order issued in April. He was not transferred to the drug rehabilitation centre until 5 July 2002.
Furthermore, according to the information received, a court order was issued on 14 June 2002 for the immediate release of Felix Cusipag and Manuel Flores to either their respective parents or the Bahay Bata Centre (NGO). However, Felix was detained at Angeles Jail for 15 days beyond the issuance of the court order, and was not released to his parents until 29 June 2002. Similarly, Manuel was detained at Angeles Jail for 21 days beyond the issuance of the court order, and was released to the Bahay Bata Centre on 5 July 2002.
Brief reminder of the situation
The International Secretariat of OMCT had been informed by a reliable source that four children had been arbitrarily arrested and were detained in conditions incompatible with international juvenile justice law and standards.
Despite existing juvenile detention facilities in the district, such as the care institution of the Department of Social Services and Development, Manuel Flores (10), Felix Cusipag (12), Camaroding Ajisalie (17) and Michael Navarro Garcia (17) were kept in the same prison block as adult detainees and it had been reported that no effort had been made to treat them differently because of their age.
Allegedly, the four children were detained 23 hours a day in a small dark and very hot cell with no sleeping facilities apart from the concrete floor. There was no electric fan and no ventilation in the cell. All of them were wearing rags. They ate their food with their hands, as there were no utensils provided. They did not have toothbrushes or soap.
According to the information received, the only toilet facility was an unclean hole in the floor of the cell, infested by insects, only a few feet from where the children slept. In addition, they did not have water for washing in the cell.
Apart from a small television outside their cell, the children were provided with no educational, mental or physical stimuli.
Action Requested
While welcoming the release of Michael Navarro Garcia as the last of the four children detained, OMCT remains deeply concerned with this situation. OMCT is particularly concerned with the fact that children as young as ten years of age have been detained in an adult prison in unsanitary conditions for extended periods of time despite the prior issuance of court orders demanding their release.
Please write to the authorities in 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. 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;
iii. ensure that child detainees are kept separately from adults, unless it is in their best interest not to do so;
iv. guarantee the right to adequate reparation and social reintegration to ill-treated children;
v. 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 also write to the embassies of the Philippines in your respective country.
Geneva, 23 July, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.