eng - World Organisation Against Torture

Junjun, charged with rape, demonstratesutter disregard for the law and the child’swelfare and best interest. He was brought toa juvenile detention centre but was turnedaway because it was full. Without explanation,his escorts simply dropped him off atthe Bilibid National Penitentiary. No one ispursuing his case, no one is filing an appealon his behalf.Despite a circular issued by the SupremeCourt on the conduct of regular dialoguesand periodic visits to jails by trial judges,none of the children who were interviewedreported having witnessed any visits fromjudges. However, it is also acknowledged thatFamily Courts are burdened with a massivecaseload.Lack of Youth Detention Homes (YDHs) andYouth Rehabilitation Centres (YRCs)A major problem with the current juvenilejustice system is the lack of YDHs and YRCsthroughout the Philippines. There ispresently only a very small number of YDHsin the Philippines and there is not a muchgreater amount of YRCs. As a result, manycourts will order the transfer of minors ontrial to the custody of YRCs, which are centresfor a child under rehabilitation who hasreceived a suspended sentence in line withthe provisions of PD No. 603, and not for aminor who is waiting or undergoing trial. Thishas the effect of placing a child accused ofhaving committed a crime in a centre intendedfor children who have received sentencing.Furthermore, the very few YRCs inthe country are unable to provide proper rehabilitationservices to the children in theircustody, with overcrowding being one of themajor problemsThe almost total lack of local governmentfacilities for minors as mandated by PD No.603 which states that a detention home oughtto be provided for in every town. For notcomplying with this law the municipality isfined no more than the equivalent of sixtyEuros. It is therefore of no political advantagefor the municipality to spend money onsuch a costly project and easier to pay thefine.Preda visited several jails and monitored thecases of many children since October 2003(after the report of the UN Human RightsCommittee). In February this year Predaopened an alternative home for these childrenin prisons and has accepted 70 boys sofar. Twenty-five of these have already been40