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Human Rights Committee - Philippine Center for Investigative ...

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For tacitly acquiescing, consenting, and authorizing, hence, being ultimately<br />

“responsible <strong>for</strong> other conditions prejudicial to the child’s development,” the<br />

President becomes liable <strong>for</strong> violating Article VI, Section 10(a) of RA 7610.<br />

For effectively abetting this widespread <strong>for</strong>m of child torture, cruelty, and<br />

abuse—despite Your Excellency’s actual knowledge or being in a position to<br />

know about this prevalent crime against children of the poorest of the poor<br />

and Your Excellency’s positive duty to prevent and stop this monstrosity, as<br />

well as to punish violators—the President, <strong>for</strong> being a “public officer,” could<br />

be slapped with a 12-year jail term under Article XII, Section 31(e) of RA<br />

7610.<br />

The President cannot evade criminal liability, by hiding under the mantle of<br />

sovereign immunity from suit, <strong>for</strong> egregious human rights violations such as<br />

this bizarre <strong>for</strong>m of torture and crimes against humanity.<br />

Atty. Perfecto Caparas<br />

Convener<br />

Coalition to Stop Child Detention Through Restorative Justice<br />

Email: coalition@stopchilddetention.com<br />

For a copy of RA 7610, pls. refer to<br />

http://www.chanrobles.com/republicactno7610.html<br />

Other statements:<br />

President, top officials criminally liable <strong>for</strong> jailing children with adult crime<br />

suspects 21<br />

by Perfecto Caparas Thursday, Aug. 25, 2005 at 4:21 AM<br />

coalition@stopchilddetention.com<br />

The principle of command responsibility pins down the President and top<br />

police and government officials <strong>for</strong> the barbaric and wide scale practice of<br />

hauling off 13,300 to 20,000 children of the poorest of the poor (some<br />

estimate the number of children to be 52,000) in police jails packed with<br />

adult crime suspects under sub-human conditions, where they get<br />

sodomized and raped, tortured, tattooed, and subjected to various <strong>for</strong>ms of<br />

cruel, inhumane, and degrading treatment and punishment.<br />

PRESIDENT Arroyo and top officials should be held criminally liable <strong>for</strong> the<br />

wide scale jailing of children with adults due to command responsibility, a<br />

rights group urged the Ombudsman recently.<br />

In its motion <strong>for</strong> reconsideration asking the Ombudsman to reconsider its<br />

earlier order dismissing the suit against Arroyo and her top officials, the<br />

Coalition to Stop Child Detention Through Restorative Justice, a group of 26<br />

human rights groups in the country, urged the Ombudsman anew to slap<br />

graft charges against Arroyo and top police and Cabinet officials and order<br />

them to stop the widespread abuse of children in prison.<br />

31

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