ANALYSIS: Right to Humane Treatment
29
implement disciplinary measures. The existence of such practice is acknowledged and appears to
be tolerated by some police authorities. The practice of having MBTs may help in the
maintenance of peace and order, but familiarity with the MBT may be used to advance personal
gains, and detainees who will not join the group may suffer discrimination especially in terms of
punishment.
Authorities should not forget that such
practice transgresses the rules and standards
that no prisoner shall be employed in the
service of the institution in any disciplinary
capacity; 113and the conduct constituting a
disciplinary offence, the types and duration
of punishment may be inflicted, and the
authority competent to impose such
punishment shall always be determined by
law or by regulation of the competent
Corporal
punishment,
authorities. 114
punishment by placing in a dark cell, and all
cruel, inhuman or degrading punishments shall
be completely prohibited as punishments for
disciplinary offences. 115
The study noted, however, that in EPDMandaluyong PS, one of the three (3) lock-up
cells for adult male detainees is an isolation
cell where a detainee is confined at the time
of the CHR visit. In Makati PS there is a very
small room with the label ‘isolation room’
above the door, although there was no
occupant/detainee at the time of the visit;
according to a police officer the said room is
no longer being used.
Photo of isolation room taken at the
Makati City Police Station
The Rules further provide that reduction of diet shall never be inflicted unless the medical
officer has examined the prisoner and certified in writing that he is fit to sustain it. 116 Again, the
study noted that in QCPD-La Loma PS-1 reduction of diet was imposed on a detainee by the
detainees themselves through their leader.
113
Rule 28, par. 1, Standard Minimum Rules.
Standard Minimum Rules. Discipline and Punishment, RULE 29.
115
Ibid., Rule 31.
116
Ibid., Rule 32.
114