Human Rights Committee - Philippine Center for Investigative ...

[2] PD 603 or the Child and Youth Welfare Code (Article 191) and the Rules
and Regulations on the Apprehension, Investigation, Prosecution and
Rehabilitation of Youth Offenders (Section 11)
[3] Further, Section 8 of RA 8369 provides that “alternatives to detention and
institutional care shall be made available to the accused including
counselling, recognizance, bail, community continuum, or diversions from the
justice system.”
[4] UN Standard Minimum Rules for Non-Custodial Measures
[5] UN Minimum Rules for the Administration of Juvenile Justice
Child prisoners 17
• (3472 bytes)
Posted: 8/24/2005 • 08:03 GMT+8
Quote-reply
By:
perfecto
registered: 8/24/2005
member
Philippines
Law enforcers who lock up kids with adults liable for 12-year jail term
The ghastly state norm and practice of throwing 13,300 to 20,000 children in
police jails packed with adults—including those facing capital offenses like
murder and rape—is brazenly illegal, nay, a criminal act, for which law
enforcers, and their superiors who walk in the corridors of power, are liable
for up to 12 years imprisonment.
Locking up children with adult crime suspects constitutes a flagrant violation
of Article VI, Section 10(a) of the Special Child Protection Act (Republic Act
7610). This provision penalizes ordinary individuals who commit “other acts
of neglect, abuse, cruelty or exploitation and other conditions prejudicial to
the child's development” with imprisonment ranging from six years and one
day to eight years (prision mayor minimum). It reads:
“(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential Decree
No. 603, as amended, but not covered by the Revised Penal Code, as
amended, shall suffer the penalty of prision mayor in its minimum period.”
But Article XII, Section 31 of RA 7610 slaps a higher penalty of
imprisonment—ranging from 10 years and one day to 12 years (prision
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