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.

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