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BRIEFING PAPER Philippines: Continuing Child Detention with Adults in Police Lockups, Arbitrary Detention of “Rescued”

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BRIEFING PAPER Philippines: Continuing Child Detention with Adults in Police Lockups, Arbitrary Detention of “Rescued” UN Committee on the Rights of the Child Philippines: Continuing Child Detention with Adults in Police Lockups, Arbitrary Detention of “Rescued” Street Children, and Extrajudicial Execution of Children Accused of Violating the Law United Nations Committee on the Rights of the Child 52nd Sessions, 14 September - 2 October 2009 Geneva, Switzerland BRIEFING PAPER Philippines: Continuing Child Detention with Adults in Police Lockups, Arbitrary Detention of “Rescued” Street Children, and Extrajudicial Execution of Children Accused of Violating the Law By Coalition to Stop Child Detention through Restorative Justice (Philippines) Photo courtesy of bulatlat.com Page 1 of 51 Coalition to Stop Child Detention through Restorative Justice (Philippines) UN Committee on the Rights of the Child Philippines: Continuing Child Detention with Adults in Police Lockups, Arbitrary Detention of “Rescued” Street Children, and Extrajudicial Execution of Children Accused of Violating the Law Table of Contents • Briefing Paper on the Philippines: Continuing Child Detention with Adults in Police Lockups and Arbitrary Detention of “Rescued” Street Children o Authors…………………………………………………………….…………………pp. 3-5 o Acronyms………………………………………………………………………..……….p. 5 o Whisperin’ Tears, poem by a former martial law child political prisoner........ p. 6 o Introduction……………………………………………………..…………………. pp. 7-8 o Historical Challenge….……………………………………………………..……..pp. 8-9 o Command Responsibility………………………………………………..……. pp. 9-10 o Invisible Detainees: Continuing Historical Injustice………………………….. p. 10 o Mushrooming Child Prisoners………………………………………………….…. p. 11 o Girl Prisoners……………………………………………………………………..p. 11-12 o BJMP Statistics: Male and Female Child Prisoners…………………… …pp. 12-13 o Molave Youth Home Experience….………………………………………..….pp. 13-14 o Poorest of the Poor…………………………………………………………….. pp. 14-15 o First Point of Contact: Police…………………………………………………pp. 15-16 o Police Lockups………………………………………………………………...…pp. 16-17 o Metro Manila: Three Youth Detention Centers…………………………………..p. 17 o Social Stigma of Police Detention………………………………………….…pp. 17-19 o Children Prisoners’ Subculture………………………………………………….…p. 19 o Impunity…………………………………………………………….……………….…p. 20 o Police Impunity in Locking Up Children…………………….……………………p. 20 o Detention Pending Trial…………………………………….……………………… p. 21 o Snail-Paced Justice……………………………………………………………. pp. 21-22 o Chart: After Arrest, Children Accused of Violating the Law (CAVL) …pp. 22-23 o Types of Detained Children Accused of Violating the Law………………..pp. 23-25 o Chart: Types of Children Accused of Violating the Law……………….…pp. 25-27 o Ghost Prisoners…………………………………………………………………pp. 26-27 o Chart: Philippine National Police (PNP) Disposition of Children……………p. 28 o Police Prisoners…………………………………………………………………pp. 28-29 o Comprehensive Drugs Act (RA 9165)………………………………………….)…p. 29 o Legal Framework: The Incongruence between the Philippines’ Revised Penal Code, Criminal Statutes, Drug Law, RA 9344 and the CRC…………..….pp. 29-31 o Domestic Laws Relevant to CRC Enforcement………………………………..…p. 31 Page 2 of 51 Coalition to Stop Child Detention through Restorative Justice (Philippines) UN Committee on the Rights of the Child Philippines: Continuing Child Detention with Adults in Police Lockups, Arbitrary Detention of “Rescued” Street Children, and Extrajudicial Execution of Children Accused of Violating the Law o Political Prisoners……………………………………………………………………p. 32 o BJMP Prisoners…………………………………………………………….………...p. 32 o DSWD Prisoners…………………………………………………………….……..…p. 32 o Children on Recognizance or Bail……………………………………….…………p. 33 o Convicted Prisoners………………………………………………………..…………p. 33 o Murdered Suspects………………………………………………………..………..…p. 33 o Child Prisoners in Provinces…………………………………………..……………p. 34 o Deadly Bureaucratism……………………………………………………………….p. 34 o Presidential Intervention Long Overdue…………………………….….………....p. 35 o Diversion at Point of Arrest…………………………………………..…………..…p. 36 o Securing Children During Police and Inquest Proceedings…...……………..…p. 36 o Alternatives to Prison………………………………………...……………………....p. 37 o State Human Rights Obligation…………………………………………………..…p. 38 o Recommendations…………………………………………………………….…pp. 38-41 o Chart: Anatomy of Non-Segregation of Adult and Child Prisoners…………...p. 42 o Chart: Anatomy of police child detention and the lumping of children together with adult prisoners…………………………………………………………..…pp. 42-43 o Chart: Anatomy of police child detention and the mixing up of children with adults in Philippine National Police headquarters, stations………………pp. 44-45 o State officials responsible……………………………………………………………p. 46 o Chart: Chain of command from the President of the Philippines to the Philippine National Police………………………………………………………………….pp. 46-47 o Statistics: Slain Filipino Journalists: 1986-2008……………………..…pp. 48-51 • Sagip o Huli: Rescue of Street Children in Caloocan, Pasay and Quezon Cities, Bahay Tuluyan, March 2009 • Indiscriminate Rescue of Street Children in the City of Manila, Bahay Tuluyan, January 2008 • Chart: Philippines: Types of Children Accused of Violating the Law Authors The Coalition to Stop Child Detention adheres to the international humanitarian and human rights law framework and the principles of therapeutic and restorative justice in dealing with the issue of children accused of violating the law (CAVL). Page 3 of 51 Coalition to Stop Child Detention through Restorative Justice (Philippines) UN Committee on the Rights of the Child Philippines: Continuing Child Detention with Adults in Police Lockups, Arbitrary Detention of “Rescued” Street Children, and Extrajudicial Execution of Children Accused of Violating the Law The Coalition is not funded by any public or private individual or entity. Nor does the Coalition solicit funding from any source. Its works are purely voluntary. Since its inception on October 28, 2003 in Quezon City, Philippines, the Coalition has mobilized children’s human rights NGOs to raise public awareness about the problem of police child detention with adult crime suspects and ill-treatment amounting to torture or cruel, inhuman, or degrading treatment or punishment. These mobilizations include a demonstration in front of the Office of the Ombudsman in Quezon City, Philippines on December 10, 2003. This was followed by a march-rally near the Presidential Palace (Malacanang) in Manila, Philippines on January 8, 2004. The Coalition also supported lobbying efforts for the passage into law of what is now known as the Comprehensive Juvenile Justice and Welfare Act of 2006 (RA 9344). The Coalition also denounced Proclamation 1017, imposing a de facto martial law in the Philippines in February 2006. See Resist Despotic Assault Against Children’s Liberties.1 The Coalition further exposed the continuing phenomenon of ghost police child prisoners notwithstanding the passage into law of RA 9344. Please see `Ghost’ child prisoners languish in RP jails.2 The Coalition counts as its friends, supporters, and members at least 26 organizations and other concerned individuals in the Philippines, who expressed their support to the Coalition’s vision- mission-goals and program of action. It includes: • Amnesty International-Philippines • Alliance of Concerned Teachers • Stairway Foundation • Bahay Tuluyan • Sining Larong Pambata • Lingap Pangkabataan • Humanitarian Legal Assistance Foundation • Children’s Legal Bureau • FREELAVA • PREDA Foundation • PRESO Foundation 1 Coalition statement against the imposition of Proclamation 1017 available at http://www.tinig.com/v46bl_cscd/. Last visited on June 8, 2009. 2 GMA News.TV, `Ghost’ child prisoners languish in RP jails, May 8, 2007. Available at http://www.gmanews.tv/story/41394/Ghost-child-prisoners-languish-in-RP-jails---group . Last accessed on June 8, 2009. Page 4 of 51 Coalition to Stop Child Detention through Restorative Justice (Philippines) UN Committee on the Rights of the Child Philippines: Continuing Child Detention with Adults in Police Lockups, Arbitrary Detention of “Rescued” Street Children, and Extrajudicial Execution of Children Accused of Violating the Law • Save the Children Fund-UK • Medecins Sans Frontieres-Japan • Medecins Sans Frontieres-Switzerland • ERDA Foundation • Coalition of Services of the Elderly • Sarilaya • Women’s Research and Resource Center Western Mindanao State University • CARE for ChYPs Organisation • Gender and Development Office West Visayas State University • PYAP-Kabataang Gabay sa Positibong Pamumuhay City Social Welfare and Development Office • Balay sa Gugma Foundation • Share A Child Movement • Consuelo Foundation Bahay-Tuluyan is a Coalition-affiliated organization, providing holistic services for street children, including education, shelter, advocacy and legal services. Address: Bahay Tuluyan, Leveriza St, Malate, Manila Bahay Tuluyan Website: www.bahaytuluyan.org Email: [email protected] Coalition Blog: http://coalitiontostopchilddetention.wordpress.com/ Acronyms • BJMP – Bureau of Jail Management and Penology CAVL – Children accused of violating the law • CRC – Convention on the Rights of the Child • CRADLE – Center for Restorative Activities, Development and Learning Experiences • DILG – Department of Interior and Local Governments • DSWD – Department of Social Welfare and Development • LGU—Local government unit • NPA – New People’s Army • PNP – Philippine National Police • PREDA – People’s Recovery, Empowerment Development Assistance • RA – Republic Act Page 5 of 51 Coalition to Stop Child Detention through Restorative Justice (Philippines) UN Committee on the Rights
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