24
Human Rights Situation in Police Lock-up Cells
possible, the said person with disability shall be placed under the special supervision of a medical
officer 90 who shall provide the psychiatric treatment.
Detention authorities must conform with the strict requirement of separation of categories,
in keeping with the right to dignity and privacy and vulnerability of PDL. A way to address this
issue is to construct lock-up cells for each category, compliant with the required standards and
taking into consideration the PDL’s dignity and privacy. For the purpose, government has to
allocate the budgetary requirements.
C. Records
1. Register
The Principles mandate that there shall be a record 91 or a bound registration book with
numbered pages 92 in which the information concerning the identity, the reason for the arrest, the
day and time of the arrest and release, and the status of the detainee’s case are entered. Such
records shall be communicated to the detained person, or his counsel, if any, in the form
prescribed by law. 93 In relation to this, the CHR has issued a Resolution, 94 together with the
prescribed form, instructing authorities concerned to submit monthly inventory of all detention
facilities and registry of detainees in accordance with the Anti-Torture Act 95and the Anti-Enforced
Disappearance Act.
Despite this, there are still police stations in the NCR that do not have readily available
register 96 or do not have complete or updated registry of detainees 97such that names of some
detainees are not found in the list. 98 Some police stations record only the identity of the PDL and
nature of charges against them. Some do not have separate blotters for CICL such as the SPDDSHQ.
Failure to have a systematic documentation of information makes persons arrested or
under police investigation and temporary detention vulnerable to human rights violations.
Without a complete record, the transfer of custody of a detainee from one detention facility to
another can be effected without trace of accountability to authorities having custody of PDL.
Hence, it should be emphasized that the accurate registry of detainees is a very important
90
Standard No. 82(3), Standard Minimum Rules.
Principle 12, Body of Principles.
92
Standard No. 7, Standard Minimum Rules.
93
Principle 12(2), Body of Principles.
94
CHR (IV) Resolution No. A2012-091.
95
Section 7, R.A. NO. 9745.
96
QCPD-DAIID/SOTG, MPD-Raxabago PS 1, Ermita PS 5, Malate PS 9. NPD-DSOU, DAID; SPD-DSHG (No separate
blotter for CICL), Pasay City PS SOU/SAID; SPD-Pasay City PS-TMRU PCP 7 does not keep records of blotters. EPDMandaluyong City PS 3, San Juan City PS 4(jailer has no copy of case folder, it is with the investigator for security
reason so that case will not be compromised; no individual case folders)
97
QCPD- Talipapa PS 3, Fairview PS 5, Batasan PS 6, Eastwood PS 12; MPD-Hq, Moriones PS 2, Sta. Cruz PS 3, Sta.
Ana PS 6 (list of detainees incomplete), Sta. Mesa PS 8, Binondo PS 11. NPD-Caloocan City PS North Ext., Malabon
City PS 2. SPD-Taguig City PS, San Juan PS 4 (no individual case folder).
98
MPD-Sta. Ana PS 6.
91