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eng - World Organisation Against Torture

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under Article 125 of the RPC have been breached. It alsoseemed that he was not provided the opportunity to submitany evidence during the preliminary investigation.As Marko is now 18, he is no longer avail of the rightsunder PD No. 603 afforded to children who have comeinto conflict with the law.Name: Tonton (as of 15.07.2002)Age: 16.Date of Arrest: 13.04.2000 (age 14).Charges: Theft.Manner of Arrest: Tonton does not remember an arrestwarrant being used. Handcuffs were used during his arrest.Initial Detention: Initially held in a military camp for 2days. Subsequently transferred to Iba Provincial jail after2 days without any court order or court appearance.Medical and Physical Examination: No.Parents informed of detention: Yes.Visits from Social Worker: Yes. 03.05.2000 National DSWDconducted a report into Tonton’s case and recommendedhis transfer to a juvenile detention centre. Apparently, localDSWD blocked the transfer as the complainant (Tonton’saunt) worked there.First appearance before judicial authorities/meeting withlawyer: Tonton could not remember exact date but feltit was more than a month after initial detention. Bailwas set at 20,000 Pesos (equivalent to US Dollars $400).Number of Subsequent Court Hearings: According to Tontononly 3 court hearings in 2 and a half years in RegionalTrial Court, Iba, Zambales. Trial adjourned for various reasonson all 3 occasions.Released to custody of Mother: 09.08.2002 Case ongoing.Total time spent in adult Jail: 2 years, and 4 months.PREDA Action: DSWD contacted and asked for immediateexplanation. PAO and judge also contacted. DSWD finallytook action towards having Tonton released.NOTE: Tonton remembers signing a confession admittinghis guilt for the crime. He reported that the confessionwas signed in the absence of a legal counsel or a socialworker. It is apparent that Tonton spent nearly 2 yearsand a half in jail among convicted adults without anyregard to his right to a speedy trial or due process.The delay in the case was a result of the complainant’sability to influence the administration of justice throughher post as a DSWD social worker. Tonton’s transfer to anappropriate centre was prevented.98

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