50
Human Rights Situation in Police Lock-up Cells
contrary to existing human rights standards that children in detention shall be separated or
segregated from convicted juveniles and adult detainees. 226 Regardless of their status as
detainees, delinquent, or waif, paramount consideration shall be given to delinquent children who
must be reclaimed, 227 and in all circumstances, be among the first to receive protection and
relief; 228 and treated with humanity and respect for their dignity as human beings. 229 Backward
children or those with disability, in particular, a special child, should not be held in a police lockup cell 230 but in appropriate facilities and services that meet the requirements of his or her
condition and human dignity. 231 Children deprived of liberty shall not be tortured and
maltreated, 232 yet, the study elicited a complaint from a CICL that he was hurt, punched and
electrocuted by the arresting officers. 233
As to maintenance of
records or registry on CICL,
this is generally observed by
police stations consistent with
the Standard and Body of
Principles
that
separate
records for children arrested
and detained must be
maintained and treated in
confidentiality, which shall
contain,
among
others,
information as to the identity
of the juvenile person, the
fact
and
reason
for
commitment, authority, day
and time of admission,
transfer and release. 234
Taken at MPD-Sta. Cruz PS
But it is alarming to
note that in one police station which has no lock-up cell for minors, the Women and Children’s
Desk Officer (WCDO) is not aware of the detention of a minor in the lock-up cell for adult female
PDL; said minor is not recorded in the WCD police blotter. 235 She only came to know of this fact
when CHR team brought the matter to her attention.
226
Rules on the Protection of Juveniles Deprived of Liberty II.17; CRC, Article 37(c); ICCPR, Article 10.2(b) & 10.3.;
and R.A. No. 9344.
227
Geneva Declaration of 26 September 1924.
228
Declaration of the Rights of the Child of 1959, Principle 8.
229
Convention on the Rights of the Child, Article 37(c); UDHR, Article 1; ICCPR, Articles 2 & 10.1; R.A. 9344, Section
2(d) & 5(d).
230
NPD-Navotas Police Station.
231
Rules on the Protection of Juveniles Deprived of Liberty, IV.D.31, 33, & IV.H; Child Rights Convention, Article 3,
Article 23.2 & 23.3, and Article 37(c); Declaration of the Rights of the Child of 1924; Declaration of the Rights
of the Child of 1959.
232
UDHR, Article 5; ICCPR, Article 7; CRC, Article 37.(a) & (c); R.A. 9745 and RA 9344, Section 5(a).
233
SPD-Taguig City Police Station.
234
Rules on the Protection of Juveniles Deprived of Liberty, IV.A & B.
235
NPD-Navotas Police Station; MPD-Sta. Ana Police Station.