Minimum age of criminal responsibility must not be lowered

Re: Minimum age ofcriminal responsibility must not be lowered

Dear Hon. Gloria MacapagalArroyo,

The World Organization Against Torture (OMCT), the leading globalnetwork of civil society organizations against torture, summary executions,enforced disappearances and all other cruel, inhuman or degrading treatment orpunishment in the world, is writing to you seek your support in implementingyour international human rights obligations, including your pledge made on 1erOctober 2018 in the context of the United Nations Human Rights Council “tocontinue to be a voice for vulnerable people, including (…) children (…) andsupport human rights based approaches that addresses their concerns in a comprehensive,positive and practical way”.

The OMCT is gravely concerned about the draft Bill tabled which seeks tolower the Minimum Age of Criminal Responsibility for approval by the House ofRepresentatives.

International human rights bodies have repeatedly encouraged thePhilippines to not lower the minimum age of criminal responsibility currentlyset at 15 years old. The United Nations Committee on the Rights of the Childspecifically urged the Philippines to “take all necessary measures to ensurethat the age of criminal responsibility is not lowered”.[1]Commenting on the previous draft Bill No. 922, rejected early 2017,which sought to lower the minimum age of criminal responsibility to nine years,the United Nations Committeeagainst Torture recommended that “the age of criminal responsibility bemaintained at the age of 15 years.”[2]

There is ample evidence showing that earlycontact with the justice system and detention of children, especially youngchildren, leads to serious and life-long negative impacts on their mental,emotional and physical health and development.

Lowering the minimum age of criminal responsibilitywill not reduce crime. On the contrary, research show that children in contactwith the law have a higher chance of further involvement with the justicesystem. In addition, it isoften the most disadvantaged and vulnerable children who come in contact withthe justice system at a very young age. For instance, in 2018, the monitoringof holding centers of Caloocan City by the OMCT and partners showed that around20% of children are detained because they have been rescued from the street orabusive parents. Another 30% are accused of only committing minor offences.[3]

The approval of the proposed billwould also worsen the seriously overcrowded detention facilities throughout thePhilippines, conditions which frequently amount to torture or cruel, inhuman ordegrading treatment.[4]

During prisonvisits, the OMCT and its partners have documented several incidents of corporalpunishment of children while being apprehended and detained. This includedphysical and verbal abuse by staff as well as solitary confinement in smallwindowless cells. Visits also revealed poor sanitary installations, lack ofmedical services, lack of food and inadequate recreational activities.[5]

Accordingly, the World Organization Against Torturerespectfully urges the Congress of the Philippines to:

- Immediately withdraw the currentdraft Bill under consideration with the view to maintaining the minimum age ofcriminal responsibility at 15 years old.

- To ensure that deprivation of liberty is only used as a measure of lastresort, as recommended by the United Nations Special Rapporteur on torture andother cruel, inhuman or degrading treatment or punishment.

- To “Expand the use of alternative measures to deprivation of liberty,such as diversion, probation and counselling and community services”, asrecommended by the United Nations Committee on the Rights of the Child.

- To ensure that the fundamental rights of children in detention arerespected in accordance with the United Nations Convention against Torture andOther Cruel, Inhuman or Degrading Treatment or Punishment and the UnitedNations Convention on the Rights of the Child.

In the hope that theconcerns expressed in this letter will receive the attention they deserve, weremain at your disposal for any further information.

Yourssincerely,

GeraldStaberock

Secretary General OMCT

[1]CRC/C/PHL/CO/3-4.

[2]CAT/C/PHL/CO/3.

[3] OMCT,CLRDC and PAHRA’s Follow-up Report to the Concluding Observations of theCommittee against Torture on the Philippines’ Third Periodic Report

[4] Accordingto official figures from the Commission of Audit the overcrowding of prisons hasreached over 600 %.

[5] OMCT, CLRDC and PAHRA’s Follow-up Report tothe Concluding Observations of the Committee against Torture on thePhilippines’ Third Periodic Report.