UNCAT Philippines’ 57th Session Review

Statement delivered by representative of the Medical Action Group (MAG) and the United Against Torture Coalition (UATC)- Philippines on the situation of torture and other cruel, inhuman or degrading treatment or punishment (CIDT) in the Philippinesduring the NGO briefing, 26th April 2016,  for the UN Committee Against Torture (CAT) 57th session review of the Philippines on 27th and 28th April in Geneva, Switzerland.

The report submitted by the Government of the Philippines in relation to the Committee has been reviewed with care. We, the Medical Action Group (MAG) a national health and human rights non-government organization in the Philippines and a member of the United Against Torture Coalition (UATC)-Philippines, and the International Rehabilitation Council for Torture Victims (IRCT), note with great concern the following issues:

Prompt and effective medical documentation, and training of medical doctors

The anti-torture mandates detailed medico-legal examinations when there are allegations or other indications of torture and ill-treatment. However, there are insufficient legal safeguards for detainees including but not limited to restricted access to independent doctors and failure to notify detainees of their rights at the time of detention. Even when medical screening take place, they often fail to achieve their goal of identifying indications that torture has taken place. This means that full investigations are often not triggered despite clear indications that torture has taken place.

Furthermore, when there are clear allegations or other indications of torture, the medico-legal examinations carried out do not comply with the standards of the anti torture law nor the Istanbul Protocol.

MAG have observed that doctors often simply undertake a “cursory physical examination” without bothering to ask how an injury may have been sustained by the patient or not including in their report a finding that torture may have been committed. MAG particularly notes that some medical personnel experience pressure from authorities allegedly involved in torture cases. It cited incidents where police officials are present during physical and medical examinations and, in some cases, supervise the work of medical doctors themselves. There are no real safeguards in place to ensure that health personnel are not subjected to police intimidation, are able to examine victims independently of the police, and able to maintain the confidentiality of medical reports.

WE RECOMMEND

Institutional protection for medical examiners must be instituted to encourage medical doctors to perform their task free from fear of harassment or intimidation. The impact of various training programs on how to detect signs of torture and ill-treatment must be evaluated and such training should also include the use of the Istanbul Protocol which should be provided to medical doctors particularly those stationed in government hospitals.

Compensation and rehabilitation of torture victims and their relatives

While we welcome the Board of Claims under the Department of Justice (DOJ), in providing compensation to victims of unjust imprisonment or detention and victims of violent crimes, we do not have any information about compensation to victims of torture and ill-treatment.

Section 19 of the Anti-Torture Law mandates the formulation of a rehabilitation program within one year of the law taking effect. As of now, the Technical Working Group or TWG has formulated a rehabilitation program with terms of reference of government agencies involved, but there is no update and development on its status. In addition to the significant delay in its elaboration, there are a number of other concerns with regard to the design of the rehabilitation program.

WE RECOMMEND

That the government designates a lead agency to implement the rehabilitation program under the Anti-Torture Law. That agency should prepare a detailed step-by step plan and obtain concrete commitments from the relevant government agencies on how it will be put to effect. The agency should also ensure effective monitoring and evaluation of the program based on an assessment of the number of victims and their needs. The absence of a coordinating agency creates risk that rehabilitation services will become compartmentalized within several agencies, thus not fulfill the objective of taking a holistic approach to the victim’s needs.

Finally, we recommend that there should be a separate budget allocation of funding for the rehabilitation program of each government agency mandated by the law to ensure and implement such rehabilitation program. The current lack of funding opens the door for government agencies to consider torture victim’s rehabilitation as one of the many service components that they are already undertaking without establishing the necessary expertise and capacity of its human resources.

On mental health care of persons deprived of liberty

Finally, I would like to highlight a few issues pertaining to mental health, which I will happily elaborate further as needed. First, a wide range of severe abuses on persons deprived with liberty with mental disorder have been reported in the Philippines.

As for the Bureau of Jail Management and Penology (BJMP) it is to be noted that jail guards or custodial staff lack of medical qualifications necessary to assess and provide adequate support to persons with mental health problems.

As for the Bureau of Corrections (BuCor), there are serious concerns about their capacity and expertise to manage the detention of persons with mental health disorders in a way that complies with the Convention.

WE RECOMMEND

There is need to provide process for critical discussion to lobby the authorities adopt mental health legislation to ensure that deprivation of liberty of persons suffering of psychiatric conditions is given a firm legal basis through provision of appropriate and treatment and rehabilitation services.

Thank you.