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Human Rights Committee - Philippine Center for Investigative ...

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criminality is readily exposed as an attempt to protect the Public<br />

Respondents with the mantle of impunity, thereby further institutionalizing the<br />

barbarism,” the group said.<br />

The Coalition cited the concluding observations issued by the United Nations<br />

<strong>Human</strong> <strong>Rights</strong> <strong>Committee</strong> on October 30, 2003 lamenting “that the measures<br />

of protection of children are inadequate and the situation of large numbers of<br />

children, particularly the most vulnerable, is deplorable.” The HRC also<br />

assailed the “persistent reports of ill-treatment and abuse, including sexual<br />

abuse, in situations of detention and children being detained together with<br />

adults where conditions of detention may amount to cruel, inhuman and<br />

degrading treatment.”<br />

For its part, the UN <strong>Committee</strong> on the <strong>Rights</strong> of the Child condemned last<br />

June 3 “the placement of persons below 18 years of age together with adults<br />

in detention.”<br />

The reports from these UN bodies had been officially transmitted to the<br />

government. “To absolve the President and the President’s alter egos who<br />

receive instructions, directly or indirectly, from the Office of the President,<br />

from culpability <strong>for</strong> the large scale jailing of children with adult crime suspects<br />

in police jails is tantamount to the Ombudsman’s giving its own stamp of<br />

approval to a wide scale and serious human rights violation committed<br />

shamelessly by the Commander-in-Chief, the President’s alter egos, and the<br />

officers and members of the <strong>Philippine</strong> National Police in blatant disregard of<br />

the best interests of the children of this country,” the group charged.<br />

“The sufferings and pains to which children are subjected to by officers and<br />

members of the <strong>Philippine</strong> National Police, with the full knowledge,<br />

acquiescence, and authority of the President and top Cabinet officials<br />

constitute torture, cruel, inhumane, and degrading treatment and punishment<br />

outlawed internationally and domestically,” the coalition added.<br />

“No doubt,” the group averred, “these constitute undue injury <strong>for</strong> which the<br />

Public Respondents should be held criminally liable as well as<br />

ordered to refrain from further committing immediately and unconditionally.”<br />

“The Rome Statute of the International Criminal Court that was signed by the<br />

<strong>Philippine</strong>s, the Pinochet doctrine, the Nuremberg Charter and Judgments,<br />

and the jurisprudence hammered out by the International Criminal Tribunals<br />

<strong>for</strong> the <strong>for</strong>mer Yugoslavia and Rwanda establish the Public Respondents’<br />

culpability <strong>for</strong> the institutionalized, systematic, organized, and widespread<br />

violation of the human rights of<br />

children in conflict with the law based on the principle of command<br />

responsibility,” the group argued.<br />

“The claim by the Honorable Ombudsman that the President and the Cabinet<br />

officials named herein are not at all aware of this ignominy is ludicrous,” the<br />

group said.<br />

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