CHR presses law on NPM to address conditions of PDLs in detention facilities nationwide


By CZARINA NICOLE ONG KI

The Commission on Human Rights (CHR) has pressed for the passage into law of various bills in Congress that seek to establish a National Preventive Mechanism (NPM) that would address the conditions of persons deprived of liberty (PDLs) in detention facilities nationwide.

Since the joining by the Philippines in the United Nations (UN) Optional Protocol to the Convention Against Torture (OPCAT) in 2012,  the country is mandated to establish NPM through legislation.

Pending before Congress at Senate Bill (SB) No. 2522, SB 2486, House Bill (HB) No. 08780, HB 06305, and HB 08933. 

The pending bills are all aimed at enacting a legislation that would address the conditions of PDLs to check on cruel, inhuman, or degrading treatment or punishment, or even torture.

An interim NPM that was set up in 2016 persistently campaigned for the passage of a legislation.

In a statement, the CHR said the bills, once enacted into law, would "strengthen decongestion efforts and initiatives which improve the conditions of PDLs in the Philippines."

"As the country’s independent national human rights institution, we remain firm that no forms of cruel and inhuman treatment shall be committed against PDLs, and that those who have been granted executive clemency should be released immediately," the CHR stressed. 

"Just as we always stand for the dignity of all, it is about time that we also put the inclusion of the rights of PDLs at the forefront of our conversations in the creation of policies and laws in the country," it said. 

In the same statement, the CHR lauded the release last June 30 of a senior PDL, 85-year-old Gerardo Dela Pena, from the New Bilibid Prison (NBP) on June 30, as it pointed out that the release is "a positive development for human rights."

Dela Pena was arrested in 2013 at the age of 74. More than a decade behind bars, Dela Peña has finally served his sentence, not including the total good conduct time allowance (GCTA) points earned for good behavior while in detention. 

With Dela Pena's health rapidly deteriorating, the CHR said "he is now able to safely return home to his family who can finally attend to his medical needs."

"We take note of the collaborative efforts of the Department of Justice and various human rights groups for working together for the release of Dela Pena," the CHR said. 

"We are in high hopes that this marks a more reinforced undertaking from the Philippine government for the release of other qualified PDLs. After all, a humane correctional system which encourages the release of PDLs bolsters the realisation of citizens’ fundamental right to liberty and due process," it also said.