I remain Innocent. A court cannot make an innocent man guilty. Any ruling founded on injustice is not justice.

The righteous fight for life, liberty and for justice can only continue.

PRISONERS RIGHTS (Torture & Any other related Violence)

A partial fulfillment of the requirements in Human Rights Law

GEORGE VILA SARAGENA

MARCH 16, 2013

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PRISONERS RIGHTS

Introduction:

Prisoners are among the most vulnerable categories of citizens in every country, due to the large amount of control the state has over them. Enforcing Human Rights Law is a challenge in all areas that it covers. However, ensuring human rights for those behind bars sometimes seems nearly impossible because of the isolation, the lack of interest of the outside world and mostly because of the sometimes conflicting goals that Correctional Law and Human Rights Law seem to have. Even though prisoners are deprived of their personal liberty, their basic human rights and freedoms should be respected. Like every other person, a prisoner should be treated with respect and dignity.

Background:

Given the closed nature of prisons, sometimes physically, but often in terms of the strict regulation of categories of persons who can obtain access, it is easy for prisoners to become neglected and abused. As has been observed, prisoners suffer a wide range of violations; some are directly inflicted while others are the result of logistical deficiencies. Prisons in many countries in the world are overcrowded and congested, have decaying infrastructure, lack hygiene and adequate health facilities, and, as a result, prisoners health and their very lives are in danger. However, even when budgetary constraints are not at issue, new prisons have been built in such a way as to deprive inmates of human contact, opportunities to exercise, recreation or education. This indicates the need to consciously take cognizance of the rights of

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prisoners. It is however understood that the punishment of imprisonment lies primarily in the deprivation of liberty, and that offenders are sent to prison as punishment not for punishment. This is a severe form of deprivation that needs to be strictly regulated.

The principle of international legal instruments that protect the rights of individuals including prisoners are the International Covenant on Civil and Political Rights (ICCPR) the International Covenant on Economic Social and Cultural Rights (ICESCR) and the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT). The conventions that contain explicit reference to detained persons include the ICCPR which in Article 9 guarantees inter alia the right to liberty and security of person, and that arrested or detained persons on a criminal charge shall be arraigned reasonable time or released with or without conditions. promptly and tried within a

The Human Rights Committee

considers promptly to mean that delays must not exceed a few days and within reasonable time or release to mean that pre-trial detention should be an exception and as short as

possible. Article 7, of the ICCPR prohibits torture or other cruel, inhuman and degrading treatment or punishment. The Human Rights Committee has noted with regard to this provision that it allows no limitation to the right and no derogations.

The prohibition imposed by Article 7 relates to acts that cause either physical pain and mental suffering or both. These acts include corporal punishment and prolonged solitary

confinement. The right to health is an important right with regard to prisons. The United Nations Committee on Economic Social and Cultural Rights considers it a legal obligation for states not to deny or limit equal access to all persons including prisoners or detainees to curative and palliative health services. preventive,

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Through the developments of the provisions in the Universal Declaration of Human Rights, the ASEAN Human Rights Declaration, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights it gave impact to protect the rights of all human beings all over the world..

The United Nations Charter in its preamble sets out as one of the objectives of the community of nations to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small the effect of which is to illustrate the weight attached to fundamental rights and dignity. 1 The

Universal Declaration on Human Rights adopted in 1948 together with the 1966 International Covenant on Economic Social and Cultural Rights and International Covenant on Civil and Political Rights constitutes the international bill of rights.2 Embodied under Article 2 of the

Philippine Constitution [Declaration of Principles and State Policies] under Section 11 it specifically provides that, The State values the dignity of every human person and guarantees full respect for human rights. Likewise in ICCPR it is clearly pointed out under Article 6 that Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. It could also be seen under the provisions of Article 7, Article 9, Article 10 and Article 26 of the ICCPR. The subsequent provisions also of Article 12 of the ICESCR provides that The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Finally, in the ASEAN Human Rights Declaration it provides for a clear concept that majority of its provisions promotes for the protection of every individual before the law.

United Nations Charter Preamble <http://www.un.org/aboutun/charter/index.html> accessed 20 September 2003. 2 Universal Declaration of Human Rights Adopted and proclaimed by the General Assembly Resolution 217 A (III) of 10 December 1948 < http://www.un.org/Overview/rights.html>, International Covenant on Economic Social and Cultural Rights and International Covenant on Civil and Political Rights adopted by General Assembly Resolution 2200(XXI) 16 December 1966 < http://www.unhchr.ch/html/intlinst.htm> accessed 20 September 2003.

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Scope and Limitation: The scope of this essay is the prisoners rights (torture and any other related violence) particularly and more specifically in the Philippines and the implication of the following: UDHR, ICCPR, ICESCR and Asean Declaration of Human Rights to the rights of the Prisoners and all Human beings around the world. With cases related thereto and Conclusion and Recommendations.

Observation:

In the Philippines, we have plenty of prisoners rights violation which we could say a remarkable under the different administration. But how the commission on Human Rights addressed this issues? One of the famous Prisoners rights violation aside from the Morong 43 that shocked the country is the case of Darius Evangelista who was tortured by Police Senior Inspector Joselito B. Binayug et. Al, the antecedent facts provides as follow: On August 17, 2010, a news station aired a video showing a naked man in pain

as a man pulled a string attached to the victims genitals. Men in police uniform were in the video.Margie C. Evangelista saw the video and said that the man looked like her husband, Darius who has been missing since March 5, 2010. He remains missing to this day.The PNP immediately formed a task force and based on its report the Criminal Investigation and Detection Group filed an information for torture on August 23, 2010 against Binayug, as well as his immediate superior, P/Supt Ernesto V. Tendero Jr, and seven other colleagues: P/Supt Rogelio T. Rosales, SPO3 Joaquin M. de Guzman, SPO1 Rodolfo S. Ong, SPO1 Burt N. Tupas, SPO1 Dante F. Bautista, PO1 Nonito B.

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Binayug, and PO1 Rex C. Binayug.3 The said video collects criticisms from all over the world. This is only one of the many human rights violations encountered by our fellow Filipino people. Were still glad compared to other countries around the world wherein the human rights violation is already a normal situation among them.

In other countries, the torture and violation of prisoners rights are very rampant just like in the death of the prisoner Manadel al-Jamadi in Abu Ghraib prison after being interrogated and tortured by a CIA officer and a private contractor. The torture included physical violence and strappado hanging, whereby the victim is hung from the wrists with the hands tied behind the back. Also, according to the International Committee of the Red Cross (ICRC) abuse of Iraqi detainees was widespread and in some cases tantamount to torture. The Red Cross mentions a number of "serious violations of humanitarian law", including beatings and prolonged solitary confinement. Most of this violence happened in countries like Iraq, Iran and other middle east countries where the promotion and protection of human rights is not practiced. Sadly and Unfortunately there are still countries who
Gladly, our government has organized programs for the promotion of the same just like the Barangay Human Rights Action Center and also they promote linkages to other NGOs to enable to make their vision stronger, but most importantly the enactment of laws prohibiting different kinds of Prisoners rights violation, among others to wit: Republic Act 9745 or An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and
3

http://hrcw.verafiles.org/manila-police-officer-joseito-binayug/

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Prescribing Penalties Therefore; The Anti Hazing Law, the latest RA 10368 , all are guided with respect to the rights of the prisoners the Basic Principles for the treatment of prisoners,

Conclusion The human rights of prisoners are no different from those of other individuals. They however, require special attention because of the nature of general inaccessibility of prisons. As such prisoners have the right to life and integrity of person; the right to be free from torture or other illtreatment; the right to health; the right to respect for human dignity; the right to due process of law; the right to freedom from discrimination of any kind; the right to freedom from slavery; the right to freedom of conscience and of thought; the right to freedom of religion; the right to respect for family life and the right to self-development. Prisoners rights are recognized at the international and regional level by treaties and soft law standards that elaborate the treaty guarantees in the context of detained persons.

It is also in my observation that the rights of every individual can be seen in the not only in UDHR but also in ICCPR, ICESCR, and ASEAN Declaration of Human Rights. Though all these are present, it is also for the fact that it depends to every individual as to how they will implement all these rights, to educate those who are unaware and to protect those who are harassed.

We cannot say that with the implementation of these armed protecting agencies, there is no more human rights violation on the part of the prisoners. Given, that the brighter side of them was not even seen, voices are never been heared and darkness totally clothed them, still and still these persons in jail would experience any inhuman conduct made to them.

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Eventhough the Philippines is a signatory in the ASEAN Human Rights Declaration, we cannot say that we are free anymore to all this cruelty. For most of the Human Rights Violators are those the one whom we entrust our safety. Take note that there are still a lot of Prisoners right violation cases in Asia. We should make steps inorder to cure all this inhuman conduct and to punish those who will violate all of this.

Recommendation

1. That the human rights institutions should be expressly endowed with the responsibility to inspect prisons and other places of detention with a view to recommendations to enhance the respect of prisoners rights. 2. With regard to accessibility, mechanisms should be designed to ensure that prisoners are able to express their grievances and make their complaints to the national institutions without hindrance. 3. Coordination of intervention necessarily means cooperating with the authorities on the one hand and with the other monitoring agencies. This will enable the national institution obtain information, materials, resources, and expertise it needs to carry out its mandate. making binding

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