ANALYSIS: Right to Humane Treatment
33
police lock-up cells, detainees mentioned that they were medically examined prior to, but not
after the interrogation or investigation. 136
Whether the non-observance of the rule on medical examination is intentional or not, this
makes detainees vulnerable to violations in the hands of police officers. Worse, it would be
difficult to trace accountability for the violations.
The lack of compliance with the requirements on medical examinations, including the right
to be informed of such right, fails to fulfil the provisions under the Anti-Torture Law that primarily
prevents the commissions of torture during custodial investigation. Likewise, a breach of the
requirements under the law is the practice of conducting a pro-forma medical examination where
a detainee is presented before a medical officer for medical examination, but the latter did not
actually conduct medical examination at all. 137 As a result of this practice, detainees do not
receive any medical treatment.
F. Medical Services
1. Absence of Medical Officers and Referral to Government Hospitals
The Rules require that in every institution, there shall be available services of at least one
qualified medical officer who should have some knowledge of psychiatry. 138
The research revealed that there are no medical officers permanently assigned in police
stations across all the NCR police districts.
In QCPD 139 and MPD, 140 there is no available medical officer to attend to the medical
needs of the detainees. The same situation in Southern, 141 Northern, 142 and Eastern 143 Police
Districts. Nevertheless, some lock-up cells 144 have medical officers who are on-call.
It was noted that, a local government unit conducts medical mission in lock-up cells. 145
Also, a police officer in another PS who is a registered nurse regularly monitors the blood
136
SPD-DSHG, Taguig PS, and Muntinlupa PS; QCPD-Fairview PS 5, Batasan PS 6, Cubao PS 7 and Araneta PCP 1
EPD-Marikina PCP 1.
138
Rule 22(1), UN Standard Minimum Rules for the Treatment of Prisoners.
139
QCPD La Loma PS 1, Masambong PS 2, Novaliches PS 4, Fairview PS 5, Batasan PS 6, Project 4 PS 8, Anonas PS 9,
Kamuning PS 10, and Galas PS 11.
140
MPD-Headquarters, Raxabago PS 1, Moriones PS 2, Sampaloc PS 4, Ermita PS 5, Sta. Ana PS 6, Jose Abad Santos
PS 7, Sta. Mesa PS 8, Malate PS 9, Pandacan PS 10 and Binondo PS 11.
141
SPD-Taguig PS, Paranaque PS, Makati City PS, Pasay City PS – SIDMB, Pasay City – SOU/SAID, and Pateros PS.
142
NPD-DSOU, Caloocan City PS 1 and DAID, Caloocan City PS – Barugo, Malabon PS 2, Navotas PS 3, Valenzuela PS
4, and Caloocan City PCP 3 (former Sub-Station 3).
143
EPD-Mandaluyong PS 3, San Juan PS 4, Marikina PS and Marikina PCP1.
144
QCPD-Eastwood PS 12, DAID/SOTG, and Warrant/CIDU.
145
NPD-Caloocan City PS 1.
137