of the Philippines the criminal justice system is - Article 2

Jejhon Macalinsal (L) &
his co-accused: Victims of
alleged torture & court
delay
Nonetheless, the courts are failing to comply with this
obligation. One example is the case of three torture victims
Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan. A local
court commenced their trial only on 9 August 2005, over two
years after they were arraigned on 26 February 2003. The
reasons for the delays were variously given as frequent absences
or seminars being attended by the presiding judge, the
appointment of a new judge, a seminar of lawyers and the absence
of a court stenographer. None of these fall under exclusions
prescribed by section 10 of the Speedy Trial Act. On 25 October
2006 a police officer set to testify at the scheduled hearing at
the Municipal Trial Court, Branch II failed to appear for a second
time, because he had been transferred to another station
assignment.
Torture and inhumane treatment are prohibited under the
constitution, as stipulated by the Bill of Rights. But the failure of
the government to enact enabling laws in order to ensure that
these rights are protected has denied victims any possibilities
of seeking justice and redress for ill-treatment and torture by
the police and military such as electric shock, beatings, food
and sleep deprivation, sexual humiliation, lengthy
incommunicado or solitary confinement, harassment,
intimidation, extraneous exercises, and death threats. The police
and military employ torture with impunity and without fear of
prosecution.
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article 2 • February 2007 Vol. 6, No. 1