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Human Rights Situation in Police Lock-up Cells
It is from the moment of arrest of a person, particularly in warrantless arrests, that human
rights become vulnerable. This vulnerability intensifies when the arrested person is placed in
lock-up cells as it is where the crucial stages of criminal investigation take place.
Law enforcers must therefore observe human rights standards in the handling and
treatment of PDL, particularly from the time of arrest until they are placed under temporary
custody in lock-up cells. The maintenance of detention facilities such as police lock-up cells must
likewise meet the required standards set forth in international instruments and domestic laws.
International and Domestic Human Rights Standards
The international human rights instruments adopted by the United Nations (UN) set forth
standards for States to observe in the performance of their sovereign powers. The standards
serve as minimum guideposts, as well as a measure against the actions of authorities in relation to
its legal and moral obligations to respect, protect and fulfil rights of everyone, including PDL.
Thus, the study referred to the following: (1) Universal Declaration of Human Rights
(UDHR); 19 (2) International Covenant on Civil and Political Rights (ICCPR); (3) International
Covenant on Economic, Social and Cultural Rights (ICESCR); (4) Convention on the Rights of the
Child (CRC); (5) Standard Minimum Rules for the Treatment of Prisoners (SMRTP); 20 (6) the
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
(Principles); 21 and the (7) Convention Against Torture (CAT).
In evaluating the vulnerability of women, children and persons with disability in detention,
the following instruments were also referred to: (1) United Nations Rules for the Treatment of
Women Prisoners and Non-Custodial Measures for Women Offenders (Bangkok Rules for
Women); (2) Geneva Declaration of the Rights of the Child; (3) UN Rules for the Protection of
Juveniles Deprived of Liberty; and the (4) UN Convention on the Rights of Persons with Disabilities
(CRPD).
Finally, the 1987 Philippine Constitution and relevant domestic legislations, such as
Republic Act 9745 (Juvenile Justice and Welfare Act), Republic Act 7438 (Certain Rights of
Persons Arrested, Detained and Under Custodial Investigation), the Revised Penal Code, as well
as rules and regulations were also used as reference in the evaluation of human issues in police
lock-up cells.
19
Promulgated on December 10, 1948.
Approved by the Economic and Social Council on 31 July 1957 (resolution 663 C I (XXIV).
21
Adopted by General Assembly resolution 43/173 of 9 December 1988.
20