ANALYSIS: Right to Humane Treatment
2.
23
Separation of Categories
Persons in detention shall be subject to treatment appropriate to their unconvicted status 79
and they should be presumed innocent and shall be treated as such until proven guilty. 80
Men and women shall, so far as possible, be detained in separate institutions or in an
institution which receives both men and women, the whole of the premises allocated to women
shall be entirely separate. 81 Untried PDL shall be kept separate from convicted PDL 82 and young
PDL shall be kept separate from adults 83 and shall in principle be detained in separate
institutions. 84
Unfortunately, the study noted
that there are police lock-up cells that
hold children in conflict with the law
(CICL) together with adults. 85 This is
discussed in detail in Part III [Addressing
Vulnerability (B. Children)].
On the other hand, adult female
detainees generally have separate lockup cells. But it was noted that the
privacy rights of female detainees are
compromised where only iron or steel
barriers are used to segregate them
from male detainees as shown in the
photo at left. 86
Moreover, arrested persons with
intellectual disabilities (PWD) are
detained with sane detainees. 87 This
goes against the rule that persons who
are found to be insane shall not be
detained in prisons and arrangements shall be made to remove and transfer them to mental
institutions as soon as possible 88 where they shall be observed and treated 89 or if this is not
79
Principle 8, Body of Principles.
Standard No. 84(2), Standard Minimum Rules; Principle 36, Body of Principles.
81
Standard No. 8(a), Standard Minimum Rules.
82
Standard No. 8(b) and 85(1) , Standard Minimum Rules.
83
Rule 8(d), Standard Minimum Rules.
84
Rule 85(2), Standard Minimum Rules.
85
In particular, Pasay City Police Station– SOU/SAID holds one male CICL together with male adult detainees; and
Taguig City Police Station has, at the time of CHR visit, a female CICL in detention together with adult female
detainees. MPD-Ermita PS 5 has a 17-year old CICL charged for robbery detained together with female adult
detainees; and in MPD-Sta. Ana PS 6 a male minor detained together with female adult detainees.
86
SPD-Pasay SOU/SAID.
87
Muntinlupa City SPD-PS.
88
Standard No. 82(1), Standard Minimum Rules.
89
Standard No. 82(2), Standard Minimum Rules.
80