Human dignity disrespected in Philippine jails, says former political prisoners

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The Samahan ng Ex Detainees Laban sa Detensyon at Aresto (SELDA), a group of former political prisoners, took exception to an article posted at the United Nations Office on Drugs and Crime website saying that “sleeping like sardines” may soon be a thing of the past in Philippine jails.

“Better sleeping conditions are not the end all and be all of humane treatment of persons deprived of liberty (PDL), according to the Mandela Rules otherwise known as the United Nations Standard Minimum Rules for the Treatment of Prisoners,” said Danilo Dela Fuente, SELDA Vice Chairperson.

The Nelson Mandela Rules were adopted by the United Nations General Assembly in 2015 and named after former South African and African National Congress leader Nelson Mandela, a political prisoner who spent 27 years incarcerated by the apartheid South African government for his political beliefs. The rules outline 122 regulations for the humane treatment of prisoners.

Rule 1 states: “All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.”

“The rules encompass all fundamental human needs and necessities that make life in jail or prison bearable, dignified, and above all, humane,” said Dela Fuente. “These rules should be upheld and enforced by all states and governments in the modern and civilized world of today. Unfortunately,” he points out, “our country’s jails and prisons fail to meet these standards.”

According to the Global Prison Trends series of 2023 study by Penal Reform International, “excessive use of pre-trial detention remains one of the primary causes of prison overcrowding.” It further noted: “In the Philippines, there are 126,590 people in jails primarily holding pre-trial detainees (as of April 2023) and 50,686 in the country’s eight prisons (as of February 2023), with congestion rates of 375% and 314%, respectively.”

The Bureau of Jail Management and Penology, which is under the Department of Interior and Local Government, oversees detention facilities in the Philippines. Prison facilities, on the other hand, are managed by the Bureau of Corrections under the Department of Justice.

“The high number of detainees in the country reflects the slow-paced and deeply flawed justice system in the country,” Dela Fuente noted. “It takes years before the courts decide on the fate of detainees. There are those who spend up to a decade in detention, only to be acquitted.”

“Then there are political prisoners, who were arrested using questionable warrants and some without any warrants at all, and charged with fabricated cases,” added Dela Fuente. “Another tactic to keep them imprisoned involves planting evidence and filing trumped-up charges of illegal possession of explosives, a non-bailable offense. Some political prisoners have been convicted of these manufactured charges and are now at the national penitentiary. This is cruelty at its worst,” he said.

Currently, there are 755 political prisoners in the country, including 102 elderly individuals and 90 suffering from illnesses.

“These political prisoners, alongside hundreds of thousands of PDLS across the country, also endure abysmal prison conditions in the form of meager meals budgeted at only P70 per day, a medicine allowance of P15 per day, inadequate health care, and severe overcrowding, among other hardships,” stressed Dela Fuente. “Where is the dignity in all of this?” he asked.