Philippines
11.07.02
Urgent Interventions
Philippines: new information about children detained in inhuman conditions
CHILD CONCERN
Case PHL 080702.1 CC
Follow up to case PHL 080702 CC
Arbitrary detention
Torture and other forms of ill-treatment
Geneva, 11 July 2002
The International Secretariat of OMCT has received new information regarding the following situation in the Philippines.
New information
The International Secretariat of OMCT has been informed by a reliable source that Manuel Flores and Camaroding Ajisalie were transferred to juvenile detention centres by a court order on Friday, 5 July 2002 at 4:00 pm. The same source also reported that Felix Cusipag was released on 29 June 2002.
Michael Navarro allegedly remains in the Angeles District Prison. Although he claimed that his birthday was on 9 November 1984, the court did not order his transfer to a juvenile detention center because he was not able to produce a birth certificate. Thus, Michael remains in a cell by himself in the Angeles Prison in the same block as adult detainees. The cell next to his is occupied by a convicted drug user and dealer.
Brief reminder of the situation
The International Secretariat of OMCT had been informed by a reliable source that four children had been arbitrarily arrested and were detained in conditions incompatible with international juvenile justice law and standards.
Despite existing juvenile detention facilities in the district, such as the care institution of the Department of Social Services and Development, Manuel Flores (10), Felix Cusipag (12), Camaroding Ajisalie (17) and Michael Navarro (17) were kept in the same prison block as adult detainees and it had been reported that no effort had been made to treat them differently because of their age.
Allegedly, the four children were detained 23 hours a day in a small dark and very hot cell with no sleeping facilities apart from the concrete floor. There was no electric fan and no ventilation in the cell. All of them were wearing rags. They ate their food with their hands, as there were no utensils provided. They did not have toothbrushes or soap.
According to the information received, the only toilet facility was an unclean hole in the floor of the cell, infested by insects, only a few feet from where the children slept. In addition, they did not have water for washing in the cell.
Apart from a small television outside their cell, the children were provided with no educational, mental or physical stimuli.
Actions Requested
While welcoming the release of Felix Cusipag and the transfer of Manuel Flores and Camaroding Ajisalie to juvenile detention facilities, OMCT remains concerned by this situation, and particularly concerned by Michael Navarro’s conditions of detention.
Please write to the authorities of the Philippines urging them to:
i. immediately put an end to all forms of arbitrary arrests of children (any persons below the age of 18), prohibiting, in particular, that status offences, such as vagrancy, be considered as legal grounds of arrest;
ii. take all necessary measures to determine Michael Navarro’s age and, in case of doubt, guarantee to him the respect of his rights in accordance with international juvenile justice law and standards;
iii. order the immediate release of the children who are arbitrarily detained;
iv. take all necessary measures to guarantee the physical and psychological integrity of all child detainees, ensuring in particular their rights to adequate food, accommodation and sanitation, to education and leisure, to maintain contact with their families, and to sufficient access to open facilities;
v. ensure that child detainees are kept separately from adults, unless it is in their best interest not to do so;
vi. guarantee the right to adequate reparation and social reintegration to ill-treated children;
vii. guarantee the respect of human rights and fundamental liberties of all children throughout the country, in accordance with national and international law, and particularly with the Convention on the Rights of the Child.
Addresses
· Her Excellency Gloria Macapagal-Arroyo, President of the Philippines, Malacañang Palace, JP Laurel Street, San Miguel, Manila 1005, Fax: +632 736 1010, 733-2107, Email: pgma@compass.com.ph or opnet@ops.gov.ph
· Hon. Hernando Perez, Secretary, Department of Justice, DOJ Building, Padre Faura, Manila 1004, Fax: +632 521 1614
· Hon. Jose C. De Venecia, Jr., Speaker of the House of Representatives, Batasan Complex, Constitution Hills,Quezon City NCR, Fax:(2) 931 5556
· Franklin M. Drilon, Senate President, Rm 606, 6th Floor, Senate of the Philippines, Roxas Blvd., Pasay City Philippines, Fax:(2) 552 6876, Email: fmd@sendrilon.org.ph
Please write to the diplomatic representatives of the Philippines in their respective countries.
Geneva, 11 July 2002
Kindly inform us of any action taken regarding the present case, citing the case number of this appeal in your response.
Case PHL 080702.1 CC
Follow up to case PHL 080702 CC
Arbitrary detention
Torture and other forms of ill-treatment
Geneva, 11 July 2002
The International Secretariat of OMCT has received new information regarding the following situation in the Philippines.
New information
The International Secretariat of OMCT has been informed by a reliable source that Manuel Flores and Camaroding Ajisalie were transferred to juvenile detention centres by a court order on Friday, 5 July 2002 at 4:00 pm. The same source also reported that Felix Cusipag was released on 29 June 2002.
Michael Navarro allegedly remains in the Angeles District Prison. Although he claimed that his birthday was on 9 November 1984, the court did not order his transfer to a juvenile detention center because he was not able to produce a birth certificate. Thus, Michael remains in a cell by himself in the Angeles Prison in the same block as adult detainees. The cell next to his is occupied by a convicted drug user and dealer.
Brief reminder of the situation
The International Secretariat of OMCT had been informed by a reliable source that four children had been arbitrarily arrested and were detained in conditions incompatible with international juvenile justice law and standards.
Despite existing juvenile detention facilities in the district, such as the care institution of the Department of Social Services and Development, Manuel Flores (10), Felix Cusipag (12), Camaroding Ajisalie (17) and Michael Navarro (17) were kept in the same prison block as adult detainees and it had been reported that no effort had been made to treat them differently because of their age.
Allegedly, the four children were detained 23 hours a day in a small dark and very hot cell with no sleeping facilities apart from the concrete floor. There was no electric fan and no ventilation in the cell. All of them were wearing rags. They ate their food with their hands, as there were no utensils provided. They did not have toothbrushes or soap.
According to the information received, the only toilet facility was an unclean hole in the floor of the cell, infested by insects, only a few feet from where the children slept. In addition, they did not have water for washing in the cell.
Apart from a small television outside their cell, the children were provided with no educational, mental or physical stimuli.
Actions Requested
While welcoming the release of Felix Cusipag and the transfer of Manuel Flores and Camaroding Ajisalie to juvenile detention facilities, OMCT remains concerned by this situation, and particularly concerned by Michael Navarro’s conditions of detention.
Please write to the authorities of the Philippines urging them to:
i. immediately put an end to all forms of arbitrary arrests of children (any persons below the age of 18), prohibiting, in particular, that status offences, such as vagrancy, be considered as legal grounds of arrest;
ii. take all necessary measures to determine Michael Navarro’s age and, in case of doubt, guarantee to him the respect of his rights in accordance with international juvenile justice law and standards;
iii. order the immediate release of the children who are arbitrarily detained;
iv. take all necessary measures to guarantee the physical and psychological integrity of all child detainees, ensuring in particular their rights to adequate food, accommodation and sanitation, to education and leisure, to maintain contact with their families, and to sufficient access to open facilities;
v. ensure that child detainees are kept separately from adults, unless it is in their best interest not to do so;
vi. guarantee the right to adequate reparation and social reintegration to ill-treated children;
vii. guarantee the respect of human rights and fundamental liberties of all children throughout the country, in accordance with national and international law, and particularly with the Convention on the Rights of the Child.
Addresses
· Her Excellency Gloria Macapagal-Arroyo, President of the Philippines, Malacañang Palace, JP Laurel Street, San Miguel, Manila 1005, Fax: +632 736 1010, 733-2107, Email: pgma@compass.com.ph or opnet@ops.gov.ph
· Hon. Hernando Perez, Secretary, Department of Justice, DOJ Building, Padre Faura, Manila 1004, Fax: +632 521 1614
· Hon. Jose C. De Venecia, Jr., Speaker of the House of Representatives, Batasan Complex, Constitution Hills,Quezon City NCR, Fax:(2) 931 5556
· Franklin M. Drilon, Senate President, Rm 606, 6th Floor, Senate of the Philippines, Roxas Blvd., Pasay City Philippines, Fax:(2) 552 6876, Email: fmd@sendrilon.org.ph
Please write to the diplomatic representatives of the Philippines in their respective countries.
Geneva, 11 July 2002
Kindly inform us of any action taken regarding the present case, citing the case number of this appeal in your response.