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.