ANALYSIS: Right to Humane Treatment
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safeguard where issues on accountability of custody arise, especially in cases of arbitrary
detention, torture, ill-treatment, or enforced disappearance.
D. Treatment and Handling of Detainees
1. Torture, ill-treatment and use of force
Freedom from torture and other cruel inhuman and degrading treatment or punishment,
and the right of detained persons to make complaint as to treatment must be respected at all
times by Police Officers. 99 This standard is very important in order to ensure, among others, that
authorities shall at all times observe humane treatment and proper handling of PDL.
However, in the course of the
study, there were complaints about
incidents of torture and ill-treatment.
Torture allegedly takes place after
medical examination was conducted
on the arrested persons but before
they are brought to the Police Station,
and also while at police station. 100
Some claimed they were punched,
beaten, slapped, kicked, shouted and
cursed. A female PDL alleged that she
was made to undress and/or slapped
by authorities. 101 In particular, a CICL
complained that he was hurt, punched
and electrocuted by arresting officers
at the Police Community Precinct; 102
and three (3) female PDL claimed that
they were slapped by four arresting
officers whom they identified. 103
Incidents of torture and/or
ill-treatment were also noted in SPDPasay City PS committed by a
Barangay Kagawad and Barangay
Tanod at the time of arrest. PDL were
hit with a cup or a gun and water
poured in their nose while their hands were tied at their back; 104 two (2) PDL claimed of physical
torture – hit with a gun at the back of their heads, kicked, beaten by police Alabang/Sucat Toll
Gate and that police use force in handling them. 105
99
Principles 6 and 33, Body of Principles
MPD-Ermita Police Station 5.
101
QCPD-Project 4 PS 8
102
SPD-Taguig City PS.
103
EPD-Marikina PCP 1 which covers for barangays.
104
SPD-Pasay City Police Station-SIDMB.
105
SPD-Muntinlupa PS.
100