52
Human Rights Situation in Police Lock-up Cells
disability, specifically those using wheelchair. These are forms of discrimination on the basis of
disability.
The Philippines as a State Party to the UN Convention on the Rights of Persons with
Disabilities (UNCRPD) undertakes to ensure and promote the full realization of all human rights
and fundamental freedoms for all persons with disabilities without discrimination of any kind on
the basis of disability. 243
It is therefore advisable for all detention authorities to exhaust all possible remedies in
order to alleviate the well-being of all PDL under their custody, i.e. appropriate psychological
evaluation for persons with intellectual disability and their transfer to special institutions, budget
allocation for the expansion or construction of separate lock-up cells for each category taking into
consideration their privacy and dignity under the existing domestic and international human rights
instruments.
IV.
District Comparisons244
1. Compliance with Basic Necessities
Validated Issues
MPD
NPD
SPD
EPD
QCPD
Overall
Compliance
(NCRPO)
Food
Supply of Water
Potable Water
Provision for
clothing or
detainees’ shirt 247
Provision for
toiletries
0%
92%
33%
14%
100%
100%
25% 245
62%
75%
25% 246
100%
25%
0%
100%
62%
13%
91%
59%
0%
0%
25%
50%
15%
18%
0%
29%
50%
25%
31%
27%
The data above demonstrates that most of the detainees’ basic necessities have not been
complied with. The PNP alone cannot be faulted as they do not have the necessary budget
allocation from the government to cover the expenses. Nevertheless, efforts have been exerted
by some police officers to fulfil their obligation as agents of the State to provide these basic
necessities, especially on the issue of food.
243
UNCRPD, Article 4.
Does not include PCPs.
245
SPD-Paranaque LGU provides food for the first 50 detainees; Las Pinas LGU (Office of the Mayor) provides food
for PDL with no visitors.
246
Mandaluyong LGU provides 40 sets of meal per day.
247
No fixed for every detainee – sharing system. The t-shirt has to be returned after such detainee is presented
during inquest/court proceedings.
244