38
Human Rights Situation in Police Lock-up Cells
particular suspect. 176 Thus, the constitutional guarantee on the right to independent and competent
counsel becomes indispensable to person under investigation for a criminal offense. 177
But this constitutional right, which is also guaranteed under international human rights
instruments, 178 does not end in the custodial investigation stage. It is still available at all stages of
the criminal investigation proceedings -- to prosecution and trial before the competent court until
the last available legal remedies or the case is finally disposed, as the case may be. At the trial,
if the accused cannot afford the services of an independent and competent counsel of his/her
choice, it is incumbent upon the judge to appoint a counsel for said accused without cost. The
Rules on Criminal Procedures also protects such right, 179 while the Public Attorneys’ Office
provides free legal aid services to indigent or underprivileged clients.
In the course of the research and data gathering in police lock-up cells, a number of
detainees alleged that they were not assisted by a lawyer during in-custody interrogations in
QCPD–La Loma PS-1, Masambong PS-2, Talipapa PS-3, Novaliches PS-4, Project 4 PS-8, Galas
PS-11, Eastwood PS-12, and DAID/SOTG. Also in MPD-Moriones PS-2; NPD–Malabon PS-2;
SPD-Taguig City PS; and EPD-Marikina City PS and Marikina City PCP-1.
There were detainees who complained that they were not informed and do not know of
the grounds for their arrest and detention. Some, though informed of the cause for their arrest
and detention, claimed that they are not regularly informed or updated of the status of their
cases, such as in QCPD-La Loma PS-1, Masambong PS-2, Talipapa PS-3, Fairview PS-5,
Eastwood PS-12 and DAID; MPD-Moriones PS-2; NPD-Malabon PS-2; SPD-DSHG, Taguig City
PS, and Pasay City PS SOU/SAID.
B. Right to Communicate
Principle 29(2) of the Body of Principles provides that: “a detained or imprisoned person
shall have the right to communicate freely and in full confidentiality with the persons who visit the
places of detention or imprisonment subject to reasonable conditions to ensure security and good
order in such places.”
Moreover, the Standard Minimum Rules states that: “prisoners shall be allowed under
necessary supervision to communicate with their family and reputable friends at regular intervals,
both by correspondence and by receiving visits.” 180
This right is also guaranteed under R.A. No. 7438 which provides that: (A)ny person
arrested or detained or under custodial investigation shall be allowed visits by or conferences with
176
Custodial investigation is “any questioning initiated by law enforcement officers after a person has been taken
into custody or otherwise deprived of his freedom of action in any significant way. It is only after the
investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect,
the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to
eliciting incriminating statements that the rule begins to operate.” People v. Cristobal, G.R. No. 159450, March
30, 2011, citing Escobedo v. Illinois, 378 U.S. 473 (1964).
177
CONST., Article III, Section 12 (1).
178
Article 14,ICCPR; Principles 17 and 18(1) and (2), Body of Principles.
179
Rule 115, Section 1 (c) vis-à-vis Rule 116, Sections 6 and 7.
180
Standard 37, Standard Minimum Rules.