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Human Rights Committee - Philippine Center for Investigative ...

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discrimination against children belonging to the poorest of the poor,” the<br />

group declared.<br />

The group stressed that the Ombudsman’s dismissal of the case “leaves<br />

children prisoners without redress, in the face of the continuing, recurring,<br />

non-stop, and officially sanctioned violation of their human rights.” “Sadly,<br />

instead of redeeming thousands of children, this Order opens up the<br />

floodgates <strong>for</strong> the perpetration of gross violation of the human rights of<br />

children in conflict with the law,” the Coalition stressed.<br />

“Nowhere in the world has this ghastly practice of jailing children with adult<br />

crime suspects received as much official condonation and acquiescence as<br />

in this country,” the group lamented<br />

Impunity<br />

“Contrary to international human rights norms and standards, the Order<br />

effectively immunizes state functionaries from any accountability <strong>for</strong> their<br />

obligation to respect, protect, and fulfill the human rights of children in<br />

conflict with the law,” the group stressed.<br />

“The Order of this Honorable Office regretfully entrenches further the wall of<br />

impunity surrounding the state practice of jailing children belonging to the<br />

poorest of the poor with adults in cramped police jails nationwide during<br />

preventive detention, and prior to their turnover to the custody of the Bureau<br />

of Jail Management and Penology by virtue of court orders.”<br />

Command responsibility<br />

“The President, like Chilean General Augusto Pinochet, and the President’s<br />

own alter egos cannot escape culpability <strong>for</strong> jailing children with adult<br />

prisoners since the practice constitutes a continuing act of torture, cruel,<br />

inhumane, and degrading treatment and punishment and/or a <strong>for</strong>m of crimes<br />

against humanity that is universally outlawed by humankind,” the group said.<br />

The group belied the Ombudsman’s claim that Arroyo and top officials have<br />

no knowledge of the wide scale prison abuse that victimizes 13,300 to<br />

20,000 children every year.<br />

The group charged that mixing up children with adult prisoners has been<br />

“happening with the President’s, and the President’s co-respondents’ own<br />

knowledge and acquiescence and tacit authority.”<br />

The group cited that Ricardo Saludo, Arroyo’s <strong>for</strong>mer spokesperson,<br />

promised to look into the matter on December 11, 2003 during a press<br />

conference in Malacanang.<br />

“Moreover, given the fact that the jailing of children with adults has been<br />

taken cognizance of by experts belonging to the <strong>Human</strong> <strong>Rights</strong> <strong>Committee</strong><br />

as well as the <strong>Committee</strong> on the <strong>Rights</strong> of the Child, the baseless claim by<br />

the Office of the Ombudsman that the President, the Chief of the <strong>Philippine</strong><br />

National Police, and the Secretaries of the Department of Justice and of the<br />

Department of Interior and Local Governments have no knowledge of this<br />

24

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