State violence in the Philippines An alternative report to the United Nations Human Rights Committee presented by People's Recovery, Empowerment and Development Assistance Foundation, Inc. A project coordinated by World Organisation Against Torture Case postale 21- 8, rue du Vieux Billard CH-1211 Geneva 8, Switzerland Geneva, September 2003 Foreword Writing alternative reports is one of the main activities of the OMCT and a vital source of information for the members of the Human Rights Committee. With these reports, it is possible to see the situation as objectively as possible and take a critical look at government action to eradicate torture. Under the aegis of the European Union and the Swiss Confederation, the “Special Procedures” program presented this report on state violence and torture in the Philippines at the 79th session of the Human rights Committee, which took place in Geneva from 20th October to 7th November 2003 and during which the Government’s report of the Philippines was examined. The study is divided into three parts. Part I provides a general overview of torture and inhuman or degrading treatments (in prisons in particular) committed by state officials. Parts II and III deal with torture and inhuman or degrading treatments of women and children respectively. This rather novel approach sheds light on the situation of particularly vulnerable groups of people. The Human Rights Committee’s Concluding Observations and Recommendations adopted following examination of the Filipino Government’s Report are included in the Appendices. This report was jointly prepared by the following three Filipino human rights NGOs: PREDA Foundation. Nominated for the Nobel Peace Prize in 2001, Preda Foundation, Inc., was founded in 1974 in Olongapo City. Its services include a campaign against international pedophile syndicates, a residential healing center for sexually abused children, legal services, youth organizing, child jail rescue and public awareness building on human rights, a theater advocacy group, a trade fair, and community organizing. The Task Force Detainees of the Philippines (TFDP). TFDP deals with documenting human rights violations including torture, assisting the victims and their families in their welfare and legal needs, and conducting human rights education. Women’s Education, Development, Productivity and Research Organisation (WEDPRO). WEDPRO is a women’s organization established in 1989 as an undertaking of the active members of the first feminist collective in the Philippines, the Katipunan ng Kababaihan para sa Kalayaan (KALAYAAN) or League of Women for Liberation. Since its establishment, it has concentrated on research and advocacy and continued to build and share knowledge. It is committed to enabling conditions towards the advancement of women's empowerment and social change. Three delegates from these NGOs presented the report during the information session and shared their observations and concerns with the members of the Human Rights Committee. 2 Acknowledgements The Task Force Detainees of the Philippines (TFDP) acknowledges the contributions of the following non-governmental human rights organizations in the Philippines who have put together their respective inputs and expertise and collective experience to make this report on torture: • Balay Rehabilitation Center, which provides psychosocial rehabilitation to ex-political prisoners and internally displaced families and communities; • Families of Victims of Involuntary Disappearance (FIND), which documents cases of involuntary disappearances and gives direct services to the victims' families; • Medical Action Group (MAG), a health and human rights organization of health professionals, health students and health workers which provides biopsychosocial services to victims of human rights violations and advocates health rights particularly patients' rights. Women’s Education, Development, Productivity and Research Organisation (WEDPRO) has held report, consultative sessions to gather and verify data were conducted with the following women’s organizations: • Bukluran ng Kababaihan sa Lansangan, Inc. (BUKAL), which organizes and educates women “streetwalkers” (women victims-survivors of trafficking and prostitution whose main areas of exposure are along streets) in Quezon City. It also provides direct services such as outreach clinics and referrals and conducts research for publication, networking and advocacy for human rights. • Buklod ng Kababaihan (BUKLOD), which is supporting women who have been victims- survivors of prostitution in Olongapo City, Philippines and provides education and training for women. • Lesbian Advocates Philippines, Inc. (LeAP!), which is one of the few lesbian organizations in the Philippines. Based in Quezon City, Philippines, it has been carrying out capacity building programs for lesbians to become advocates and leaders. Apart from this, it has also created a safe space for lesbians through community building that also links to other organizations by organizing political and social events. • Women’s Crisis Center, Inc. (WCC), which was initially set-up to address women victims- survivors of military abuse, particularly rape. Due to more violations of women’s rights, it has expanded its involvement to address issues of battering, incest, sexual harassment, trafficking in women, prostitution and other forms of sexual assault. These acts of violence are being handled through feminist counselling that is also backed up by education, training, research and documentation. • Women’s Legal Bureau, Inc. (WLB), which is a feminist legal resource organization that provides services to women and women’s organizations. It has legal services and develops, legal and policy research and advocacy, development education and training, and legal information, services and development. • Women’s Legal Education, Advocacy and Defence Foundation, Inc,(WomenLEAD), which adopts feminist strategies in the critique and analysis of the law and the legal system. It provides services 3 such as paralegal training and education; feminist counselling and legal assistance; research, publication and library; campaigns, media and external links. Other related documents coming from women’s organizations working on reproductive health issues and trafficking in women were likewise reviewed in making this report. 4 Contents Part 1: State Violence In The Philippines ....................................................................... 6 1. Introduction......................................................................................................................... 6 2. Administrative, Judicial And Criminal Justice Structure ................................................... 6 3. Relevant Legal Structure..................................................................................................... 7 4. General Background Information On The Right To Life.................................................... 9 5. The Practice Of Torture.................................................................................................... 16 6. Conditions Of Detention ................................................................................................... 19 7. Remedies (Complaints, Investigations And Punishment) ................................................. 20 8. Reparations (Specific Cases) ............................................................................................ 22 Part 2 : State Violence Against Women In Philippines............................................ 24 1. General Information On Torture And Ill-Treatment Of Women By State Officials In The Philippines ........................................................................................................................ 24 2. Gender Bias By In The Philippine Police And In The Court............................................ 26 3. Conditions Of Women In Detention.................................................................................. 26 4. Torture And Ill-Treatment Of Women Who File A Complaint Of Domestic Violence ..... 27 5. Torture And Ill-Treatment Of Women In Prostitution And Trafficked Women ................ 29 Part 3 : State Violence Against Children In Philippines ......................................... 34 1. Introduction....................................................................................................................... 34 2. Torture/Juvenile Justice/Children In Conflict With The Law (CICL) .............................. 34 3. State Protection From Violence Against Children ........................................................... 52 Recommendations.................................................................................................................. 58 1. General Recommendations ............................................................................................... 58 2. Recommendations With Regard To Women...................................................................... 59 2. Recommendations With Regard To Children ................................................................... 60 Concluding observations of the Human Rights Committee ................................... 64 5 Part 1: State Violence In The Philippines 1. Introduction The Philippines ratified the ICCPR (International Covenant on Civil and Political Rights) in October 23, 1986; the ICESCR (International Covenant on Economic, Social and Cultural Rights) in on June, 7, 1974; the CEDAW (Convention on the elimination