32
Human Rights Situation in Police Lock-up Cells
examination after admission to the place of detention, and prior to transfer or release of
detainees. Likewise, PDL have the right to request or petition a judicial or other authority for a
second medical examination or opinion. 124
During the CHR team visits, however, detainees alleged that while medical examinations
may have been practiced upon arrest, the same is no longer conducted prior to the release of
PDL. 125 In some police lock-up cells, conduct of medical examination before the release of a
detainee is on a case-to-case basis, i.e. upon request, 126 when there is a court order, 127 or when
required by the BJMP. 128 But in all instances, relatives of the detainees are made to sign before
the release of PDL. 129
2. Medical Examination Immediately after Arrest and Before and After Custodial
Investigation
The conduct of medical examination immediately after arrest, as well as before and after
custodial investigation, is important in ensuring the proper treatment of PDL where physical and
mental integrity of persons arrested, especially those arrested without warrant, are properly
evaluated.
In the same vein, the Anti-Torture Act 130 provides that before and after interrogation,
every person arrested, detained or under custodial investigation shall have the right to be
informed of his/her right to demand physical examination by an independent and competent
doctor of his/her own choice. 131 This mandatory requirement is precisely to prevent the use of
torture and other forms of ill-treatment to exact information, among others. But these procedures
seem optional in some police lock-up cells.
For example, in five police stations the issue of absence of a medical examination
immediately after the arrest was raised by some detainees. 132 In particular, six detainees in the
NPD and two from EPD who identified themselves, freely aired this issue to the CHR team 133 that
they were not subjected to medical examination immediately after they were arrested; while
another detainee 134 complained of torture after he was medically examined and before he was
brought to the police station. Very alarming are the claims of detainees that though they were
brought to a medical officer, the latter did not even bother to examine them. 135 Likewise, in some
123
Rule 24 – “The medical officer shall see and examine every prisoner as soon as possible after his admission and
thereafter as necessary, xxx”
124
Principle 25, Body of Principles.
125
SPD–DSHG, Muntinlupa PS and Pateros PS; MPD – Pandacan PS; NPD – DSOU and Caloocan City PS, North Ext.
Office, Barugo; EPD – Mandaluyong PS 3; and QCPD – La Loma PS 1, Masambong PS 2, Novaliches PS 4, Fairview
PS 5, Batasan PS 6, Cubao PS 7, Araneta PCP 1, Project 4 PS 8, Anonas PS 9, Galas PS 11 and DAID/SOTG.
126
QCPD-Anonas PS 9
127
QCPD-Galas PS 11
128
MPD-Pandacan PS 10
129
QCPD–La Loma PS 1
130
Section 12, RA 9745
131
Please see also RA 9745, IRR, Section 19.
132
NPD–Caloocan City PS, North Ext. Office, Barugo; MPD-Ermita PS 5; QCPD Masambong PS 2; EPD–Marikina PS.
133
Six (6) detainees in NPD–Caloocan City PS, North Ext. Office, Barugo; and two (2) from EPD–Marikina PS
134
MPD-Ermita PS 5.
135
EPD-Marikina PS and Marikina PCP 1.