eng - World Organisation Against Torture

5.2.4. ImprisonmentMinors in Jail Pending JudgmentDespite their respective mandates to establishdetention and rehabilitation centres inthe cities and provinces throughout thePhilippines, the Department of SocialWelfare and Development (DSWD), theDepartment of the Interior and LocalGovernment (DILG), and local governmentunits (LGUs) have not satisfactorily implementedtheir obligations to establish suchcentres. As a result, many areas of the countryare left without these centres, and childrenawaiting trial are detained in jails alongwith adult prisoners.Even in the rare cases where appropriatecentres for children exist, legal provisions remainvague as to who is directly responsiblefor transferring the minor to such centres.The prosecutor who initially files the informationin court against the child has no authorityto transfer the accused from jail to arehabilitation or detention centre. While thejudge has the sole authority to transfer theaccused, he will rarely see the child in courtuntil weeks after the minor had been arrestedand placed in jail.In practice, Youth Rehabilitation Centres(YRCs) do not take minors into their custodywithout a valid court order out of fear that arbitrarydetention proceedings will be broughtagainst them. Many arresting officers as wellas Youth Detention Homes (YDHs) andYRCs do not wish to transfer or receive minorsbecause they think that, interpretingSection 8 of RA No. 8369, a judge, havingmany responsibilities in relation to YDHs,should first issue the authorisation of such atransfer. On the other hand, Section 8 of RANo. 8369 does not require the issuance of acourt order by a Family Court judge authorisinga child transfer to a YDH or YRC.Lack of awareness about the laws concerningchildren in conflict with the law andapathy among jail authorities appear to playa large role in the failure to bring childrenarrested for crimes immediately to theDSWD. Jail authorities generally appear reluctantto transfer children to the YDHs orYRCs alleging fears that the children mightescape from custody.Plain disregard on the part of jail officers andpublic defendants also explains how childrenhave ended up in jail. Overworked publicdefendants often advise the children to pleadguilty to hasten the process. The case of39