14 Human Rights Situation in Police Lock-up Cells DISCUSSION AND ANALYSIS OF VALIDATED DATA I. Right to Humane Treatment Article 5 of the UDHR states that “(N)o one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment. On the other hand, Article 10 of the International Covenant on Civil and Political Rights (ICCPR) is explicit on the right of PDL and declares that “(A)ll persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person,” while the Principles ensures protection measures by providing that “(A)ll persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person.” 34 Furthermore, the Rules 35 set out what are generally accepted standards in the treatment of PDL and the management of institutions. While in the domestic sphere, the 1987 Philippine Constitution has directly translated the above standards as a fundamental State policy and principles when it expressly provided that “(T)he State values the dignity of every human person and guarantees full respect for human rights.” 36 These measures serve as guideposts for state authorities, including the law enforcement sector, to strictly observe in the performance of their mandated powers and functions. They must be applied impartially with no discrimination or distinction on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 37 A. Basic Necessities 1. Food Every person deprived of liberty, whether convicted prisoners or detention prisoners, shall be provided with, at the usual hours, food of nutritional value adequate for health and strength, of wholesome quality, well-prepared and served. 38 Food is a basic entitlement of every one including those in temporary detention. Based on research, however, most detainees in police lock-up cells depend on their relatives and visitors for their meals. 39 Due to limited budget, most police lock-up cells are not able to provide meals for detainees. 34 Principle 1, Body of Principles for the Protection of All Persons Under Any Form of Detention or Imprisonment Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977 36 Article II, Section 11, 1987 Philippine Constitution 37 Art. 2(1), ICCPR; Art. 2, UDHR; Rule 6(1) United Nations Standard Minimum Rules for the Treatment of Prisoners (UNSMRTP); and Principle 5, Body of Principles 38 Standard No. 20, Standard Minimum Rules 39 SPD–DSHG, Taguig, Muntinlupa and Pateros Police Stations. NPD DSOU, DAID, PS 1 – 4; All MPD police lock-up cells. 35