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    Persons Deprived of Liberty: Joshua A. Camacho

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    Joshua
    This document discusses the treatment of persons deprived of liberty (PDLs) in the Philippines. It summarizes that international law recognizes human dignity and rights, including treating PDLs with humanity. The Philippines has adopted international law principles. PDLs in the Philippines currently face overcrowding, with jail populations exceeding capacity by over 600% and outbreaks of illness. The document questions whether increasing budgets for penal institutions to meet international standards is justifiable given the Philippines' status as a developing country.

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    Persons Deprived of Liberty: Joshua A. Camacho

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    Joshua
    103 views14 pages
    This document discusses the treatment of persons deprived of liberty (PDLs) in the Philippines. It summarizes that international law recognizes human dignity and rights, including treating PDLs with humanity. The Philippines has adopted international law principles. PDLs in the Philippines currently face overcrowding, with jail populations exceeding capacity by over 600% and outbreaks of illness. The document questions whether increasing budgets for penal institutions to meet international standards is justifiable given the Philippines' status as a developing country.

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    VSU-PDL.pptx

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    This document discusses the treatment of persons deprived of liberty (PDLs) in the Philippines. It summarizes that international law recognizes human dignity and rights, including treating PDLs with humanity. The Philippines has adopted international law principles. PDLs in the Philippines currently face overcrowding, with jail populations exceeding capacity by over 600% and outbreaks of illness. The document questions whether increasing budgets for penal institutions to meet international standards is justifiable given the Philippines' status as a developing country.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    103 views14 pages

    Persons Deprived of Liberty: Joshua A. Camacho

    Uploaded by

    Joshua
    This document discusses the treatment of persons deprived of liberty (PDLs) in the Philippines. It summarizes that international law recognizes human dignity and rights, including treating PDLs with humanity. The Philippines has adopted international law principles. PDLs in the Philippines currently face overcrowding, with jail populations exceeding capacity by over 600% and outbreaks of illness. The document questions whether increasing budgets for penal institutions to meet international standards is justifiable given the Philippines' status as a developing country.

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    PERSONS DEPRIVED

    OF LIBERTY
    Joshua A. Camacho
    The modern trend in public international
    law recognizes the primacy on the dignity
    of human person and the sanctity of
    human rights.
    International Covenant on Civil and Political Rights

    • Article 10, all persons deprived of


    their liberty shall be treated with
    humanity and with respect for the
    inherent dignity of the human person.
    State Policy
    • Sec 2. Art. II. The Philippines renounces war
    as instrument of national policy, adopts the
    generally accepted principles of
    International law as part of the law of the
    land and adhere to the policy of peace,
    equality, justice, freedom, cooperation, and
    comity with all nations.
    Doctrine of Incorporation v.
    Doctrine of Transformation
    • Doctrine of Incorporation- All generally accepted
    principles of International law automatically become
    part of the law of the Philippines without the need of any
    legislation.
    • In contrast, Doctrine of Transformation necessitates
    the performance of an affirmative act on the part of the
    state to adopt the generally accepted principles of public
    international law.
    PDL Defined

    “PDL are detainees who are incarcerated pending


    trial and/or final judgment. It include all persons who
    are arrested, detained, imprisoned or otherwise under
    custody of government authorities. PDLs may be held in
    jails, prisons, detention centres, “lock‐ups”, hospitals,
    rehabilitation centres or elsewhere
     
    Jail v. Prison
    • A “jail” is defined as a place of Confinement
    for inmates under investigation or
    undergoing trial, or serving short-term
    sentences.
    • It is differentiated from the term “prison”
    which refers to the national prisons or
    penitentiaries managed and supervised by
    the Bureau of Corrections, an agency under
    the Department of Justice
    United Nations Standard Minimum Rules for the Treatment
    of Prisoners or the so-called Nelson Mandela Rules

    1.The right to be treated as human being, and not to


    be subjected to corporal punishment:
    2.The right to be informed of the regulations
    governing the detention centre:
    3.The right to adequate food, space, and ventilation,
    rest and recreation;
    4.The right to avail himself of medical, dental and
    other health services;
    5. The right to be visited by counsel,
    immediate family members, medical doctor or
    priest or religious minister chosen by him;
    6. The right to practice his religious beliefs;
    7. The right to vote unless disqualified by law;
    8. The right to separate detention facilities or
    cells particularly women;
    9. If a foreigner, the right to communicate
    with his embassy or consulate
     
    Constitutional Mandate
    Sec. 19 Article III. Excessive fines shall not be
    imposed, nor cruel degrading or inhuman
    punishment inflicted. Neither shall death penalty
    be imposed, unless for compelling reasons
    involving heinous crimes, the Congress hereafter
    provides for it. Any death penalty already imposed
    shall be reduced to reclusion Perpetua.
    The employment of physical,
    psychological or degrading
    punishment against any prisoner or
    detainees or the use of substandard
    or inadequate penal facilities
    under subhuman conditions shall
    be dealt with by law.
    PDL’S Current Situation

    • According to COA’s report last 2017,


    our jails have a congestion rate of 612
    percent, with a total jail population of
    146, 302 persons deprived of liberty, far
    too high for the 20,605 capacity.
    • 57, 269 cases of upper respiratory tract
    infection
    Quiz

    As a developing country where there is


    scarcity of funds, is it justifiable to increase
    the budget of our penal institutions to
    comply with International Standards such as
    adequate food, space, ventilation, rests and
    recreation for persons deprived of liberty?
    Thank You!

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