eng - World Organisation Against Torture

OMCT strongly urges the government of thePhilippines to adopt the proposed legislation.5.2. Practice: Lack of Compliancewith the CRCUnfortunately, the amalgam of laws designedfor the protection of people in conflict withthe law is largely disjointed, often contradictory,and misapplied in practice. Whilethese laws grant children in conflict with thelaw a high level of protection, in practice thisis not the case. As highlighted by the followingcomments on the implementation oflaws, there is an overwhelming need for reformin this area. Any reform should beaimed at clarifying the law, clearly setting theexact procedures to be followed starting fromthe time a child initially comes into conflictwith the law. Such reforms should also providefor enforceable penalties for anybreaches committed.Each day, 36 to 54 Filipino children 36 languishand are jailed with adult prisoners incramped police jails where a number of themare raped, tortured, and tattooed and deprivedof access to legal, medical, social, andpsychological assistance and services in aninstitutionalised act of unlawful discriminationby the Philippine government againstthe children of the poorest of the poor. Thisis worrisome situation and a clear contraventionof the Filipino obligations underArticle 37 of the CRC.5.2.1. ArrestArrest with a Warrant36 - Thirty-six to fifty-four children-including girls and kids withmental disabilities-are jailed with adult prisoners everyday.This is based on statistics of the Public Attorney’s Officewho reported having handled 13,300 cases involving childrenin conflict with the law (36 kids per day) in 2002. Theoffice of Philippine Senator Francis Pangilinan also expressedconcern that 20,000 Filipino kids have been jailed(54 kids per day) in 2003. 30Since the apprehension of a person (eitheradult or minor) suspected of committinga criminal offence involves the deprivationof liberty –albeit temporarily– thePhilippine Constitution requires that arrestshould be made only by a virtue of a warrantand unless the circumstances in which theperson is arrested falls within the exceptionsprovided by law. An arrest warrant is issued