Human Rights Groups Ask Jail Authorities and CHR to Uphold the Anti-Torture Law on the Makati City Jail Incident
A coalition of human rights organizations has called on jail authorities and the Commission on Human Rights to uphold the freedom from torture law following the reported use of excessive force by jail officers against around thirty protesting inmates in Makati City Jail on March 9.
According to Josephine Lascano, representing the Secretariat of the United against Torture Coalition (UATC), the image of the jail officers hitting with wooden club the already subdued inmates may be a violation of Republic Act 9745 which prohibits the intentional infliction of pain or suffering to persons under custody to exact punishment or to force an admission. She added that the move of the Bureau of Jail Management and Penology as well as the CHR to investigate the incident should determine whether the erring jail guards are criminally accountable, in addition to possible administrative sanctions under the existing rules and regulation.
The UATC is a network of more than twenty independent civil society groups that spearheaded the lobby for the enactment of the anti-torture law in 2009. It has been working with the CHR to, among others, establish a national mechanism to prevent torture in places where persons are deprived of their liberty.
Lascano acknowledged that the BJMP is one of the government agencies that has a standing policy against torture and ill treatment of persons deprived of liberty. It has actually issued a guideline on torture prevention, documentation and reporting last year and has collaborated with the CHR and a human right civil society organization in promoting torture prevention awareness among its jail officers, she said.
“We understand that the inmates should also be made accountable if they will be proven to have violated certain regulations in holding a protest action to draw attention on their grievances. However, to apply disproportionate force against restrained protesters appear to be an unlawful exercise of authority that has to be investigated properly,” Lascano said.
Lascano lauded the BJMP for sending their medical officers to attend to the injured inmates but, at the same time, reminded the authorities and the CHR to inform the inmates that they have the right under the law to seek medical attention from independent and competent doctors of their choice.
She added that the authorities should also determine if higher jail official have either given the order, or have directly taken part, or have encouraged the commission of violence against the protesters after they have been overpowered already. If so, they may also be held liable either as direct perpetrators or accomplices in the act of torture or ill treatment, if proven after due process, Lascano ended.