CHR backs bill mandating reporting of prison deaths
MANILA, Philippines — The Commission on Human Rights on Saturday lauded the filing of a bill in the Senate that would mandate the reporting of deaths and illnesses of persons deprived of liberty and detained children in conflict with the law.
Senate Bill No. 1771 or the Death in Custody Reporting Bill was filed by Sen. Richard Gordon in August 2020. It is still pending at the committee level.
In a statement, CHR spokesperson Jacqueline de Guia said the measure "recogni[z]es the importance of transparency and accountability needed in ensuring the welfare of [PDLs] and [CICL] convicted of a heinous crime or crimes punishable by reclusion perpetua."
If enacted, the bill would mandate the following:
- reporting of the deaths of PDLs and CICLs to the Supreme Court, Executive Department, and the Commission on Human Rights
- automatic investigation regarding the deaths of PDLs and CICLs who died under suspicious circumstances
- autopsy of PDLs and CICLs who have been charged or convicted of a heinous crime or crimes punishable by death, reclusion perpetua, or life imprisonment, or one who died unexpectedly or under suspicious circumstances
- notification to the families of the PDLs or CICLs who are critically ill or who dies
- provide for witnesses in cases of mandatory cremation of PDLs and CICLs due to public health emergencies
The bill defines “suspicious circumstances” as “any circumstance which will lead a reasonable man—based on his skills, experience, and/or understanding of the circumstances—that there is a possibility that the death of a PDL and CICL is fictitious or caused by unlawful means.”
De Guia said "[t]these additional safeguards ensure a transparent justice system and shall act as an effective deterrent against cruel, inhumane, and degrading treatment against detained persons in line with the United Nations Standard Minimum Rules for the Treatment of Prisoners."
"As the lead agency in the Interim National Preventive Mechanism, the CHR consistently supports actions that will help improve the well-being and situation of PDLs," she added.
"Senate Bill No. 1771 will help ensure a more transparent penal system and [reinforce the] CHR mandate in exercising its investigatory and visitorial powers over jails and detention facilities in preventing instances of human rights violations committed against detained individuals." — Bella Perez-Rubio
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