48 2020 Annual Report on the Human Rights Situation in the Philippines They also isolated PUPCs with pending order of transfer and coordinated with the City Health Office for swab testing in preparation for the transfer or remand once permitted. Additionally, PUPCs with existing health conditions were placed in a separate area. 154 CHR Region XI recommends that the PNP, BJMP and Bureau of Corrections come to an agreement as to how the transfer of detainees/ prisoners be conducted to avoid delays and decongested PNP-Lock Up and BJMP Facilities. 155 In the advisory on protecting the rights of persons deprived of liberty (PDLs) during the COVID-19 crisis, the CHR points out that the prisons and jails are among the centers of attention of many affected countries. They are potential breaking points during this health emergency, as these facilities have poor air circulation and PDLs live, sleep, and eat within their closed, overcrowded confinements. Bathrooms, toilets, dining areas, and recreational facilities are shared. By their very nature, physical distancing is almost nil, if not impossible. Prisons and jails are hotbeds for fast transmission of highly contagious diseases, including COVID19.200 156 The Philippines tops the World Prison Brief list of countries with overloaded prisons and jails.201 Overcrowding has been for decades a problem of jails and prisons in the Philippines.202 2019 figures from the Bureau of Jail Management and Penology (BJMP) disclose a congestion rate of 450%. The total ideal capacity of our jails is only 24,248, but the total population is 133,316, with a variance of 109,068. The highest congestion is recorded in Region 9 with 811%, followed by NCR at 649%, and Region 7 with 619%. As of 30 June 2017, the Bureau of Corrections (BuCor) reported 41,258 PDLs for its incarceration facilities with an ideal capacity of only 19,268 individuals, or a 214% occupancy rate and 114% congestion rate.203 157 PDLs are not exactly isolated and prisons are not totally closed environments and COVID-19 infection is likely. Every day, prison and jail officials and employees, medical 200 See CHR (V) A2020-011 201 Highest to Lowest – Occupancy level (based on official capacity) available at https://www.prisonstudies.org/highest-tolowest/occupancy-level?field_region_taxonomy_tid=All, accessed 25 March 2020. 202 Congestion Rate of Congested Jails by BJMP available at https://www.foi.gov.ph/requests/ aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEUJKTVAtMjk0MDIzMzcwOTQ2DA, accessed 25 March 2020. 203 Bureau of Corrections. Inmate Profile, June 30, 2017 available at http://www.bucor.gov.ph/BuCor%20Land%20Area. html, accessed 25 March 2020.

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