Why do prisons in the Philippines have a growing number of inmates?
Aug 19, 2009 · The Condition of Philippine Prisons and Jails. THE OPCAT REPORT. The Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (OPCAT) The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (OPCAT) is an international …
Is inmate administration ducted in Philippine prisons?
Nov 18, 2016 · The UN Standard Minimum Rules for the Treatment of Prisoners, for example, suggest the following: “28.(1) No prisoner shall be employed, in the service of the institution, in any disciplinary ...
Is Correctional Facility Management feasible in the Philippines?
Dec 14, 1990 · All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. It is, however, desirable to respect the religious beliefs and ...
How does the Philippine Court solve the overcrowding problem in prisons?
the International Covenant on Civil and Political Rights, the UN Standard Minimum Rules for the Treatment of Prisoners, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. the Convention on the Rights of Persons with Disabilities. the European Prison Rules.
How are prisoners rights violated?
What are the major issues facing prisons and jails today in the Philippines?
Is the Philippines considered complaint with the UN Standard Minimum Rules for the Treatment of prisoners?
What is UN Standard Minimum Rules for the Treatment of prisoners?
How do prisons affect society?
What are the problems encountered by the prisons and jail nowadays?
Where do international criminals go to jail?
What are the two approaches of correction in the Philippines?
How does the Gcta affects the inmate sentence?
Which rules are followed for treatment and rehabilitation of prisoners?
Are the Nelson Mandela rules binding?
What are the UN standards?
What are the standards for the treatment of prisoners?
They are generally regarded as being good principle and practice for the management of custodial facilities. The document sets out standards for those in custody which covers registration, personal hygiene, clothing and bedding, food, exercise and sport, medical services, discipline and punishment, instruments of restraint, information to and complaints by prisoners, contact with the outside world, books, religion, retentions of prisoners’ property, notification of death, illness, transfer, removal of prisoners, institutional personnel and inspection of facilities . It also sets out guidelines for prisoners under sentence which further includes treatment, classification and individualisation, privileges, work, educations and recreations, and social relations and after-care. There are also special provisions for insane and mentally abnormal prisoners, prisoners under arrest or awaiting trial, civil prisoners and persons arrested or detained without charge.
Where are prisoners' rights found?
Prisoners' rights in international law are found in a number of international treaties. For the most part these treaties came into existence following the two World Wars and the body of law continues to be added to and amended.
How did World War 1 affect international law?
The events of World War I and World War II had a profound effect on international law due to the widespread denial of civil rights and liberties on the basis of racial, religious, and political discrimination. The systematic use of violence, including murder and ultimately genocide, the use of slave labor, abuse and murder of prisoners of war, deportations, and confiscation of property forced changes to the status quo. Over the proceeding decades, large scale changes began to occur in all areas of international law, and prisoners’ rights were no exception.
When did the International Covenant on Civil and Political Rights come into force?
International Covenant on Civil and Political Rights. The International Covenant on Civil and Political Rights came into force 23 March 1976. Article 10 of the International Covenant on Civil and Political Rights provides that any person deprived of their liberty shall be treated with humanity and dignity.
What is the European Convention on Human Rights?
the European Convention on Human Rights, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Further there are recommendations which lay down codes by which prisoners should be dealt with. Foremost amongst them are.
What is the 3rd Geneva Convention?
Third Geneva Convention. The Third Geneva Convention defines humanitarian protections for prisoners of war. Prisoners of war are defined as: (1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.
When was the Geneva Convention adopted?
The 1929 Geneva Convention on Prisoners of War was adopted in 1929 but was significantly revised and replaced by the Third Geneva Convention in 1949. The United Nations Security Council is the final international tribunal for all issues relating to the Geneva Conventions. All signatories to the UN Charter, of which there are 193, ...
Do prison walls protect rights?
Prison walls do not keep out fundamental rights. The Supreme Court of India, by interpreting Article 21 of the Constitution, has developed human rights jurisprudence for the preservation and protection of prisoners’ rights to human dignity. [26] .
What is a prisoner?
In simple terms it can be said that prisoner is a person legally committed to prison as a punishment for a crime or while awaiting trial. A prisoner is a person who is kept in a prison as a punishment for a crime that they have committed. [5] .
What is the human rights of prisoners?
Human rights are those rights which are essential for every human being either a normal human being or a prisoner.
What is human rights?
Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human. [2] .
Is human rights indivisible?
[2] . Human rights are indivisible and interdependent and therefore precisely there cannot be different kinds of human rights. All human rights are equal in importance and are inherent in all human beings. [3]
Is human rights equal?
All human rights are equal in importance and are inherent in all human beings. [3] According to Durga Das Basu “Human rights are those minimal rights, which every individual must have against the State, or other public authority, by virtue of his being a ‘member of human family’ irrespective of any consideration.”.
When was the Human Rights Act enacted in India?
In India, the Parliament enacted the Protection of Human Rights Act, 1993 to provide protection to every human being of their human rights which all they are entitled and to constitute National Human Rights Commission, State Human Rights Commission and Human Rights Courts for better protection of human rights. Human rights are inalienable.
What is a prison in the Philippines?
It isdifferentiated from the term “prison” which refers to the national prisons or penitentiaries managed andsupervised by the Bureau of Corrections, an agency under the Department of Justice.5Jails includeprovincial, district, city and municipal jails managed and supervised by the Provincial Government and theBureau of Jail Management and Penology (BJMP), respectively, which are both under the Department of theInterior and Local Government.
What are the three major government functions in the Philippine correctional system?
Three major government functionaries are involved in the Philippine correctional system, namely: theDepartment of Justice (DOJ), Department of the Interior and Local Government (DILG) and the Departmentof Social Welfare and Development (DSWD). The DOJ supervises the national penitentiaries through theBureau of Corrections, administers the parole and probation system through the Parole and ProbationAdministration, and assists the President in the grant of executive clemency through the Board of Pardonsand Parole. DILG supervises the provincial, district, city and municipal jails through the provincialgovernments and the Bureau of Jail Management and Penology, respectively. DSWD supervises the regionalrehabilitation centres for youth offenders through the Bureau of Child and Youth Welfare.
What is the BJMP?
Also known as the Jail Bureau, BJMP, an agency under the DILG, was created pursuant to Section 60,Republic Act No. 697513, which took effect on January 2, 1991. It is mandated to direct, supervise and control
What is considered in determining whether an offender may be placed on probation?
In determining whether an offender may be placed on probation, the court shall consider all informationrelative to the character, antecedents, environment, mental and physical condition of the offender, andavailable institutional and community resources . Probation shall be denied if the court finds that:
What is the purpose of the Board of Pardons and Parole?
It is the intent ofthe law to uplift and redeem valuable human material to economic usefulness and to prevent unnecessaryand excessive deprivation of personal liberty.
Does corrections system lead to sound management?
Authorities say that the present set-up of the corrections system does not lead to sound management andis not in keeping with the government’s machinery. It also results in functional overlaps and diffusion in theconduct of corrections and restoration activities.
What is the lack of technology to properly maintain inmates' records and process documents for their immediate release?
Lack of technology to properly maintain inmates’ records and process documents for their immediaterelease is a prevailing situation. Limited use of information technology to support investigation andvalidation of information on inmates with pertinent agencies like the courts, prosecutors’ offices and lawenforcement agencies, to back up recommendations for early release of qualified offenders, and/or forproviding them with other needed services, impedes corrections and rehabilitation programmes.26
How long do inmates stay in isolation?
One study produced by lawyers found the average length of time an inmate would spend in isolation was 8.2 years. Most inmates are held in cells with solid walls and a barred, air-lock style chamber in front of a solid metal door, to ensure they have no contact with other prisoners.
How long do prisoners stay in solitary confinement?
Prisoners spend a minimum of 12 months in solitary confinement before they may become eligible for a reduction in the restrictions of their detention. In reality, many spend much longer in isolation. One study produced by lawyers found the average length of time an inmate would spend in isolation was 8.2 years.
What are the symptoms of being in isolation?
Symptoms resulting from being held in isolation for extended periods include anxiety, depression, insomnia, hypertension, extreme paranoia, perceptual distortions and psychosis.
Global Conditions in Prisons and Other Detention Facilities
- In the late night hours of February 14, 2012 an open flame near two bunk beds at the National Penitentiary in Comayagua in Honduras ignited a fire that swept through the crowded prison and killed more than 360 people. In September, broadcast television networks in Georgia showed graphic video of prison guards beating, sodomizing, and verbally abusing inmates in Gldani Pris…
Poor Prison Conditions
- A majority of the world’s prison systems do not function at the level of the United Nations’ Standard Minimum Rules for the Treatment of Prisoners. In some countries, relevant international obligations and standards are deliberately disregarded.
International Efforts to Improve Prison Conditions
- International Organizations
The United Nations Office on Drugs and Crime (UNODC) is the primary international organization seeking to address the myriad global challenges associated with prisons. They are the custodians of the UN Standard Minimum Rules for the Treatment of Prisoners (SMRs), which is the primary … - Foreign Governments
In addition to the work of the United States and international organizations, a wide array of foreign governments is striving to uphold their own domestic legal responsibilities and working to follow international guidelines such as the Standard Minimum Rules for the Treatment of Prisoners. Po…
Conclusion
- As this report has demonstrated, the problems faced by persons in detention are expansive in both their nature and geography. They range from inadequately resourced detention facilities to intentional and calculated acts of mistreatment by repressive governments. They are found in developed as well as developing countries around the world. Yet the precise nature of the challe…