32 Human Rights Situation in Police Lock-up Cells examination after admission to the place of detention, and prior to transfer or release of detainees. Likewise, PDL have the right to request or petition a judicial or other authority for a second medical examination or opinion. 124 During the CHR team visits, however, detainees alleged that while medical examinations may have been practiced upon arrest, the same is no longer conducted prior to the release of PDL. 125 In some police lock-up cells, conduct of medical examination before the release of a detainee is on a case-to-case basis, i.e. upon request, 126 when there is a court order, 127 or when required by the BJMP. 128 But in all instances, relatives of the detainees are made to sign before the release of PDL. 129 2. Medical Examination Immediately after Arrest and Before and After Custodial Investigation The conduct of medical examination immediately after arrest, as well as before and after custodial investigation, is important in ensuring the proper treatment of PDL where physical and mental integrity of persons arrested, especially those arrested without warrant, are properly evaluated. In the same vein, the Anti-Torture Act 130 provides that before and after interrogation, every person arrested, detained or under custodial investigation shall have the right to be informed of his/her right to demand physical examination by an independent and competent doctor of his/her own choice. 131 This mandatory requirement is precisely to prevent the use of torture and other forms of ill-treatment to exact information, among others. But these procedures seem optional in some police lock-up cells. For example, in five police stations the issue of absence of a medical examination immediately after the arrest was raised by some detainees. 132 In particular, six detainees in the NPD and two from EPD who identified themselves, freely aired this issue to the CHR team 133 that they were not subjected to medical examination immediately after they were arrested; while another detainee 134 complained of torture after he was medically examined and before he was brought to the police station. Very alarming are the claims of detainees that though they were brought to a medical officer, the latter did not even bother to examine them. 135 Likewise, in some 123 Rule 24 – “The medical officer shall see and examine every prisoner as soon as possible after his admission and thereafter as necessary, xxx” 124 Principle 25, Body of Principles. 125 SPD–DSHG, Muntinlupa PS and Pateros PS; MPD – Pandacan PS; NPD – DSOU and Caloocan City PS, North Ext. Office, Barugo; EPD – Mandaluyong PS 3; and QCPD – La Loma PS 1, Masambong PS 2, Novaliches PS 4, Fairview PS 5, Batasan PS 6, Cubao PS 7, Araneta PCP 1, Project 4 PS 8, Anonas PS 9, Galas PS 11 and DAID/SOTG. 126 QCPD-Anonas PS 9 127 QCPD-Galas PS 11 128 MPD-Pandacan PS 10 129 QCPD–La Loma PS 1 130 Section 12, RA 9745 131 Please see also RA 9745, IRR, Section 19. 132 NPD–Caloocan City PS, North Ext. Office, Barugo; MPD-Ermita PS 5; QCPD Masambong PS 2; EPD–Marikina PS. 133 Six (6) detainees in NPD–Caloocan City PS, North Ext. Office, Barugo; and two (2) from EPD–Marikina PS 134 MPD-Ermita PS 5. 135 EPD-Marikina PS and Marikina PCP 1.

Select target paragraph3