Human Rights Committee - Philippine Center for Investigative ...

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The five complainants are respectfully filing this petition to the Human Rights Committee in their own personal and/or representative capacity as child prisoners— illegally detained with adult crime suspects in police jails—by way of a class suit for and on behalf of an estimated 20,000 children accused of violating the law (CAVL) jailed every year in the Philippines 1 pursuant to the Optional Protocol to the International Covenant on Civil and Political Rights. Unlawful discrimination characterizes these violations committed by the President of the Philippines and top government officials, based on the principle of command responsibility, on account of the children’s bleak economic status, lack of property, poor social origins, tender age, political powerlessness, and in the case of girl prisoners, sex, in contravention of Articles 2(1)(a) in relation to Articles 24 and 26. They are representing not only themselves but all the other child prisoners, who are similarly situated and who cannot on their own seek redress for the dastardly violation of their dignity and human rights save through the complainants’ representation before this Committee, due to the wall of impunity surrounding this Covenant violation and on account of their intimately and inextricably joint and common interests in seeking relief from the widespread, continuing, and institutionalized violation of the Covenant’s mandatory requirement for the segregation of children and adult prisoners under Articles 10(2)(b) and 10(3). Violations Their petition pertains to the institutionalized, widespread, and continuing incarceration of children with adult crime suspects, in contravention of Article 10(2)(b) and 10(3), in police headquarters, stations, and substations all over the Philippines, save for Cebu City. This occurs without transparency, accountability and redress, in violation of Article 2(3)(a), and contrary to the provisions of domestic laws in violation of Article 9(1). In violation of Article 7, children are held under sub-human conditions thereby subjecting them to torture, cruel, inhuman, or degrading treatment or punishment. In the process, children–contrary to Article 10(1)—get stripped of their dignity and humanity and exposed to greater risks of being sodomized, raped, tortured, tattooed, and subjected to various despicable forms of abuse. In violation of their right to equal protection of the law under Article 26, law enforcers deny children access to psychosocial, health, and legal services. Law enforcers also routinely violate the children’s right to be informed of their right to remain silent and to have an independent and competent counsel of their own choice, pursuant to the Custodial Investigation Act (Republic Act 7438), in violation of Article 9(1). Date: December 10, 2005 (Manila time) 1. Information concerning the author of the communication Surname (Family Name) Caparas Given Name Perfecto Nationality Filipino Profession Attorney-at-Law 2
Pro Bono Counsel for Complainants and some 20,000 Class Suitors on a cumulative basis every year Supreme Court Attorneys Roll No. 39200 Integrated Bar of the Philippines Lifetime Membership No. 00277 IBP-Manila III Chapter Founder-Convener, Coalition to Stop Child Detention Through Restorative Justice http://stopchilddetention.com http://coalitiontostopchilddetention.blogspot.com/ Place of Birth Manila, Philippines Present Address 433 Algeciras Street Sampaloc, Manila, Philippines Please specify how you are submitting this communication: Appointed representative/legal counsel of the alleged victim(s) 2. Information concerning the alleged victim(s) (if other than the author) Victim No. 1 Deleted privileged information Victim No. 2 Deleted privileged information Victim No. 3 Deleted privileged information Victim No. 4 Deleted privileged information 3. State concerned Victim No. 5 What is the name of the State concerned? Philippines 4. Articles violated Article 2(1) in relation to Articles 24 and 26 on discrimination Article 2(3)(a) on effective remedies Article 7 on torture, or cruel, inhuman, or degrading treatment or punishment 3
Page 1: UNITED NATIONS HUMAN RIGHTS COMMITT
Page 5 and 6: ‣ Appeal to and meeting with Hono
Page 7 and 8: to order the President et. al. to s
Page 9 and 10: clamoring to stop these Covenant vi
Page 11 and 12: I never believed that was possible
Page 13 and 14: partially or fulltime. As many as 1
Page 15 and 16: to break this scourge of widespread
Page 17 and 18: In his report entitled “In Larger
Page 19 and 20: time without access to legal, medic
Page 21 and 22: [2] PD 603 or the Child and Youth W
Page 23 and 24: In its motion for reconsideration a
Page 25 and 26: criminality is readily exposed as a
Page 27 and 28: For queries, please contact Atty. P
Page 29 and 30: In 2000, at least 121 jailed kids c
Page 31 and 32: For tacitly acquiescing, consenting
Page 33 and 34: “Sadly, instead of redeeming thou
Page 35 and 36: giving rise to the applicability of
Page 37 and 38: a lack or excess of jurisdiction sh
Page 39 and 40: adult crime suspects in filthy poli
Page 41 and 42: Anatomy of police child detention a
Page 43 and 44: Discrimination based on Article 2(1
Page 45 and 46: domestic law has been initiated by
Page 47 and 48: Despite the prohibition under Artic
Page 49 and 50: their being poor, their sex (as far
Page 51 and 52: which law enforcers acting under th
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the point of contact with law enfor
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‣ Annexes B-3-B-4 to Ombudsman co
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including “the removal of obstacl
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Article 191 of the Child and Youth
Page 61 and 62:
Department of Social Welfare and De
Page 63 and 64:
This came out seven days after some
Page 65 and 66:
The Commission on Human Rights of t
Page 67 and 68:
* The Bureau of Jail Management and
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