44 Human Rights Situation in Police Lock-up Cells a. Relevant Domestic Laws Domestic legislations mirror the right to medical examination for persons arrested, detained or under custodial investigation. The Anti-Torture Act, specifically Section 12 thereof provides: Before and after interrogation, every person arrested, detained or under custodial investigation shall have the right to he informed of his/her right to demand physical examination by an independent and competent doctor of his/her own choice. If such person cannot afford the services of his/her own doctor, he/she shall be provided by the State with a competent and independent doctor to conduct physical examination. The same section states that it is the duty of the State to provide the victim with psychological evaluation if available under the circumstances. In cases where the person arrested is a female, the law requires that she must be attended to preferably by a female doctor. Furthermore, the law provides that any person arrested, detained or under custodial investigation, including his/her immediate family, shall have the right to immediate access to proper and adequate medical treatment. The Anti-Torture Act also emphasizes the duty to keep and maintain medical records. It requires that the physical examination and/or psychological evaluation of the victim shall be contained in a medical report which shall be attached to the custodial investigation report. Nonetheless, this right can be waived. The Anti-Torture Act states that any person who does not wish to avail of the rights “may knowingly and voluntarily waive such right in writing, executed in the presence and assistance of his/her counsel.” 212 On the other hand, the Anti-Enforced Disappearance Act 213 provides that there must be an official up-to-date register of all persons detained or confined which shall include: (a) Records of physical, mental and psychological condition of the detained or confined person before and after the deprivation of liberty and the name and address of the physician who examined him or her physically, mentally and medically; and (b) A summary of the physical, mental and medical findings of the detained or confined person after each interrogation. The study was able to document instances of non-compliance on the right to medical examination. In the research tool used, questions were asked regarding the availability of first aid kits and medicines in police stations, the availability of medical officers, on whether or not medical examinations were conducted immediately after the arrest, and whether or not medical examinations were conducted immediately prior to release or transfer to the BJMP. The inquiry included the availability of and/or engagement with social workers or psychologists. 212 R.A. No. 9745, Section 12. Republic Act. No. 10353. 213