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Human Rights Situation in Police Lock-up Cells
PART III
CONCLUSIONS AND RECOMMENDATIONS
I. Conclusions
The study discloses what has become of the lock-up cells – converted to semi-permanent
detention facilities. Reasons are copious but negligence, of both the PNP personnel and the
government to faithfully comply with even the minimum human rights standards and consistently
implement laws, is the defining cause of such unearned “upgrade.” 255 And the danger lies when
the consequence of “neglect” is intentionally sought.
The study attests to the fact that PDL in police lock-up cells suffer, in varying degrees and
effects, deprivation and neglect with respect to their fundamental human rights. Most often, these
violations are unheard of as detainees are silenced into voicing their concerns due to among,
others, fear of reprisal. This truth thus makes this study limited only to the extent that the
detainees were able to courageously share with the Research Team chronicling various violations,
such as torture, ill-treatment, and inhumane treatment.
This only shows that despite the human rights standards and policies in place, as well as
institutional efforts to inculcate human rights and the rule of law, law enforcers are still susceptible
to commit violations.
Thus, this Study hopes to bring appropriate changes towards the improvement of the
conditions and handling of detainees in lock-up cells, not only in the NCR but extending to all
parts of the country.
II.
Recommendations
The following recommendations are suggested to help in crafting a policy development to
better promote and protect the human rights of persons accused, arrested, detained and under
custodial investigation.
1. Education.
With the Constitution and all the statutes currently in place, what we have now in the
Philippines is a greatly evolved and broadened Miranda right with more stringent standards for
compliance. 256 Nevertheless, as the Supreme Court observed in one case, in the face of the
police officer’s neglect either by “ignorance or indifference,” the Miranda rights, as it were, “had
255
e.g. at Taguig SPD-PS, a detainee is detained for more than 2 years despite request from the RTC B69 to issues a
commitment order for the transfer of the detainee to the BJMP detention facility; Six (6) detainees were found
at Caloocan City NPD-PS North Ext. Office, Barugo held without being charged –not even recorded in the blotter
and informed of the reason of their detention.
256
People v. Mojello, G.R. No. 145566, March 9, 2004.