eng - World Organisation Against Torture

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Mayor Katherine Gordon. On November 9 thPreda visited the Olongapo Jail Station A. On16 square meters ten minors are detainedand stated that they had not been abused.There is a toilet in the cell, but no beds.Hence, the children are forced to sleep onthe cement floor. The jail does not provide forany recreation for the children, no television,games, sports or exercise yard. They are in24 hours detention. The walls are dirty andthe jail is full of insects, but no mosquitoscreen is provided. The children are dependenton their relatives for food. No medicalcheck-up is available to the inmates. 46The situation is certainly not ideal but thechildren do not seem to be ill-treated.5.3. Children on Death RowBy virtue of Article 37 paragraph a) of theCRC which states that ; “neither capital punishmentnor life imprisonment without thepossibility of release shall be imposed for offencescommitted by persons below eighteenyears of age”, the Philippines is exemptedfrom instituting the death penalty against aminor. The death penalty was abolished in1987 but reintroduced in 1993, but itsimposition on children was explicitly prohibited.Section 22 of Republic Act (RA)No. 7659, which amended the Revised PenalCode in order to provide for the deathpenalty, stipulates that persons below the ageof 18 at the time the crime was committedcannot be subject to the death penalty. In addition,Article 68 of the Revised Penal Code,which sets out sentencing procedures foryouth offenders, also prohibits the deathpenalty for minors.A main discrepancy in the Filipino laws isthe absence of any provision, which requiresa formal ascertainment as to whether the suspectis below the age of 18. This is the mainreason for several children to have beenplaced on the death row. The problem stemsfrom the assumption by the police, court andsocial workers that most teens are over 18.Moreover, the concerned authorities rarelytake the time to track down the birth certificatesof impoverished children who areconvicted of capital offences like murder andrape and failure to raise the issue of minorityduring trial by either defence or prosecutionpresented evidence.46 - From the Streets to the Jails, Street children victims ofprison torture, by Fr. Shay Cullen and Francis Bermido,Preda Foundation Philippines, November 2004. 48
On 9 August 2004, acting Justice SecretaryMa. Merceditas Gutierrez visited the 6 youthoffenders sentenced to death and confined atthe Bilibid Prison in Muntinlupa City. Ma.Merceditas who is also Chair of the SpecialCommittee on the Protection of Children saidthat minors are exempted from capital punishment,but during the time of their trial thesix offenders have not presented any evidenceregarding their minority. The six weretransferred from the death row to the MediumSecurity Compound so they will not be mixedwith adults on death row. In addition, she assuredthat she will look into their case, butbefore the government can grant any executiveclemency, the decision of the courtmust become final. 47Although the latest developments indicatethat the situation of the 6 minors on the deathrow is about the change. OMCT urges thegovernment of the Republic of thePhilippines to take immediate action to removethe death sentence of the 6 minors currentlyon the death row. In addition, OMCTstrongly recommends the Filipino governmentto pass a law, which obliges authoritiesto formally inquire into the age of the subjectin order to prevent minors being placedon the death row in the future.4947 - http://www.doj.gov.ph/news_08-10-04.html
Page 1 and 2: Rights of the Child inthe Philippin
Page 3 and 4: Table of contentsI. INTRODUCTION ..
Page 5: COMMITTEE ON THE RIGHTS OF THE CHIL
Page 8 and 9: 1.2. Participation to the Conventio
Page 10 and 11: II. DEFINITION OF THE CHILDThe Fami
Page 12 and 13: 3.2. Practice - Cases of tortureThe
Page 14 and 15: In addition, some witnesses linked
Page 16 and 17: In 1998, the Philippines ratified t
Page 19 and 20: everse flow- the out-migration of u
Page 21 and 22: have no idea about the effects, tra
Page 23 and 24: 4.2.1.Recruitment of children intoa
Page 25 and 26: Protection of Children Against Abus
Page 27 and 28: scribed by law for persons over 18
Page 29 and 30: RA No. 7438 defines certain rights
Page 31 and 32: following the conduct of a prelimin
Page 33 and 34: estraint should only be used on chi
Page 35 and 36: Delivery to the Proper Judicial Aut
Page 37 and 38: the laws. Delays of months between
Page 39 and 40: 5.2.4. ImprisonmentMinors in Jail P
Page 41 and 42: eintegrated to their families as th
Page 43 and 44: or their parents/guardian could nev
Page 45 and 46: monly wear rags. There have been re
Page 47: impossible all together. They have
Page 51 and 52: • OMCT also recommends that theCo
Page 53 and 54: judicial authorities within the req
Page 55: COMMITTEE ON THE RIGHTS OF THE CHIL
Page 58 and 59: Discrimination Act (Republic Act No
Page 60 and 61: the existing minimum age of crimina
Page 62 and 63: identify the yearly budgetary amoun
Page 64 and 65: State party increase its efforts to
Page 66 and 67: 30. In the light of article 12 of t
Page 68 and 69: Committee is concerned about childr
Page 70 and 71: of corporal punishment in different
Page 72 and 73: the factors in the adoption process
Page 74 and 75: 56. In the light of the United Nati
Page 76 and 77: ing primary consideration to the be
Page 78 and 79: (a) Implement national policies and
Page 80 and 81: participation of children. TheCommi
Page 82 and 83: learning methods tailored for child
Page 84 and 85: Programme Framework for Children in
Page 86 and 87: (b) Improve the labour inspection s
Page 88 and 89: high number of street children, wit
Page 90 and 91: (e) Pay particular attention to exi
Page 92 and 93: appropriate conditions, and that pe
Page 94 and 95: 9. Followup and disseminationFollow
Page 96 and 97: Arrested: 23.02.2002Arrest Warrant:
Page 98 and 99:
under Article 125 of the RPC have b
Page 100:
ANNEX 2PREDA PICTURES ON CONDITIONS
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