Living Conditions In Prison: Analysis Of The Unsmrt

Introduction

“It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.” – Nelson Mandela

It is common knowledge that when a person breaks the law, he/she shall either be compelled to pay a fine or be imprisoned, or both. The person imprisoned, however, is not called a prisoner. The Revised IRR of R.A. 10575 introduced the phrase “persons deprived of liberty (PDL)” which refers to persons detained such as inmates, detainees, etc. The people confined in jails or prisons in order for them to serve their sentence or for safekeeping are called Inmates.[2] Detainees are those confined in a jail accused of a crime, but has not yet been convicted by final judgment. Persons who are convicted by final judgment to serve or are serving more than three years imprisonment sentence are called National Inmates.

According to the statistics provided by the Bureau of Jail Management and Penology (BJMP), Philippine prisons have a total population of 144, 871 and a congestion rate of 582.37% as of May 31, 2018.[4] The overcrowding in prisons significantly reduces the state of living conditions of PDLs. Countless problems have risen because of the severe overcrowding in prisons – lack of food, shortage of water supply, absence of enough sleeping space, almost inexistent medical care, poorly maintained toilets and lots of infectious diseases.[5] In 2017, more than 200,000 illness cases were reported mainly of hypertension, urinary tract infections, and skin infections.[6]

Due to the unbearable state of Philippine prisons, most PDLs have no choice but to form gangs or ‘pangkat.’ COA said that they do these in order to receive protection and material benefits. [7] As one might expect, these gangs are not all rainbows. They have, at times, started lots of violence amongst one another often leading to injuries.[8] The PDLs do not have any choice but to endure these inhumane living conditions. Not only have they greatly suffered inside their cells, some of them do not make it out alive at all. An official of Manila Police District (MPD) said that at least 55 inmates have died in various MPD facilities due to overcrowding since 2016. MPD director Chief Superintendent Rolando Anduyan said that most of these deaths have occurred due to poor health and sanitation, and violence amongst each other.[9]

A year after President Rodrigo Duterte sat in his office, and consequently, his anti-drug campaign started, it was reported that there was at least 22% increase of detainee population.[10] One may say that the campaign is the cause for overcrowding in prisons, but that is not entirely true. It is in fact true that hundred thousand detainees have been added due to the campaign, but even before the President sat in his office, the prisons of the country have already been overflowing. Aside from the countless number of law violators, the inefficient justice system is also to blame. “In the Philippines, there are only 2,000 courts nationwide that serve a population of a hundred million. If you compare this ratio with developed nations, it’s clear we have an undermanned justice sector,” former Chief Justice Maria Lourdes Sereno said. Lower courts have an average case of 4,000 daily.[11]

Statement of the Problem

Main Problem

Is the Revised IRR of RA 10575 in accordance with the rules laid down by the UNSMRTP regarding living conditions in prison?

Sub-Problems

1. How does UNSMRTP differ to the Revised IRR in terms of living space of PDLs?
2. How does the Revised IRR protect the human rights of PDLs?
3. How does the Revised IRR provide the basic needs of PDLs?

Significance of the Study

This study aims to analyse and compare the Revised IRR of RA 10575 and the UNSMRTP regarding how the living conditions in prisoners should be. The resulting conclusion may serve as a guide for the lawmakers of the country for future prison law reforms. The study may also help to inform PDLs about their rights, and therefore, help them to be provided for their basic needs. It will also aid in spreading awareness to the law practitioners and to the public about the rights of PDLs.

Scope and Limitations

The study’s main goal is to analyse the rules provided in the IRR of RA 10575 regarding the living conditions of PDLs as compared to the rules provided by the UNSMRTP. It also included journals, articles and books related to the topic. The study is careful not to involve other parts of the said law that are not relevant to the study.

Findings and Analysis

Review of Related Literature

Juan Mendez, a writer in a journal, stated that the justice system of most governments uses imprisonment as the standard form of punishment for law breakers, instead of focusing on rehabilitation and reformation. The UNSMRTP is needed to manage prisons all over the world because of widespread torture-like circumstances of PDLs in prisons. According to Mendez, being underfunded and overcrowding should not be an excuse for States to leave their prisons in horrible conditions, thereby increasing the suffering of the persons detained inside. Governments all over the world should exert effort in allocating enough resources to be able to provide the PDLs at least the basic needs of human beings – specifically adequate food, water and access to medical care.

Mendez also expressed the lack of sensitivity of most prisons to special circumstances of certain prisoners. Lesbians, gays, bisexual, transgender and intersex (LGBTI) PDLs are exposed to ill-treatment, violence or abuse more often than those in other genders. Because some parts of the world are not fully-convinced of their rights, these people undergo suffering and maliciousness outside detention facilities, more so inside where they cannot go anywhere. More often than not, LGBTI PDLs also have trouble expressing their complaints because of fear and lack of trust to authorities. Another class of people whose special needs are often not recognized are Persons with Disabilities (PWDs). Be it physical, psychological or intellectual, PWDs are in high risk of discrimination and ill-treatment.[12]

According to a journal from Nigeria, prison overcrowding when the number of PDLs exceeds the total capacity of the detention facility. According to the World Prison Population List, overcrowding mainly occurs to facilities that are near the courts as compared to the ones in farther areas. Facilities holding detainees also have the highest level of overcrowding. The journal suggests that one way to combat overcrowding in prison is to implement restorative justice instead of the “traditional criminal justice system” of incarceration or imprisonment. Restorative justice encourages a “victim-offender-community-centered justice intervention programme,” which focuses more on the “healing process” of both parties, instead of punishing one for something. Clearly speaking, it supports the offender as he/she works to restore the past situation of the offended party before the crime.

Analysis

The First United Nations Congress on the Prevention of Crime and the Treatment of Offenders adopted the Standard Minimum Rules for the Treatment of Prisoners (SMRTP) in 1955. In 2011, the UN General Assembly established an open-ended Intergovernmental to review and revise the rules. They drafted a revised version in May 2015, and it was adopted in December 17, 2015. The revised rules were adopted as the United Nations Minimum Standard Rules for Treatment of Prisoners and were known as the “Nelson Mandel Rules” in honour of the late President of South Africa, Nelson Rolihlahla Mandela. It served as an international guide for states that are members of the United Nations and provided certain rules on managing prison facilities and prisoners.

The beginning part of the SMRTP and the Nelson Mandela Rules consist of several specific rules regarding prisoner file management, separation of categories, accommodation, personal hygiene, clothing and bedding, food, exercise and sport, health-care services, restrictions, complaints of prisoners, contact with the outside world, religion, and many others. It also provides general rules about the difference of treatments to sentenced prisoners, prisoners with mental disabilities and/or mental conditions, prisoners awaiting trials, civil prisoners, and persons arrested or detained without charge.

The Philippine Congress adopted the Revised Implementing Rules and Regulations (IRR) of RA 10575 in 2016, in accordance with Section 23 of RA 10575, which provided specific rules for Philippine prisons to adhere to. It states the functions and responsibilities of the Bureau of Corrections (BuCor), the agency under the Department of Justice responsible for the confinement and safekeeping of national inmates. The IRR kept in mind to follow the rules laid down by the SMRTP.

Rule IV of the Revised IRR states that the main obligation of the Bureau of Corrections (BuCor) is the safekeeping, security and reformation of National Inmates. The main objective of the safekeeping mandate is to “accord the dignity of man” in accordance to Rule 60 of the SMRTP. The goal of keeping security of National Inmates is to prevent them from committing other crimes and to protect them from outside forces. The reformation programs for National Inmates shall compose of moral and spiritual, education and training, work and livelihood, sports and recreation, health and welfare, and behaviour modification programs.

Rule VII of the Revised IRR provided the uniform standard facilities of all prisons under the BuCor. In general, the facilities should be in conformity with fire safety, flood/code standard, and must be accessible to persons with disabilities (PWDs). There are three types of dormitories depending on the capacity – type C Dormitory has a capacity of 1-100 PDLs, type B Dormitory has a capacity up to 500 PDLs, and type A Dormitory has a capacity of over 500 PDLs. The floor area per PDL is 4.7 square meters and the maximum capacity of a cell is 10 PDLs. A correctional facility shall contain a hospital/infirmary, which contains an operating room, emergency room, X-ray room, and other standard medical facilities. A recreational or multipurpose hall shall also be found in the premises of the prison; it can serve as the Audio Visual room equipped with CCTVS or a basketball, volleyball or tennis court.

There should also be a training center and a workshop facility. The former is where a classroom, library or auditorium is to be found; and the latter where livelihood workshops are to be done. A kitchen shall be built in a place adjacent to the food storage room for easier reach to supplies. A visiting area shall be built with a maximum capacity of 500 persons to be able to accommodate more visitors in special occasions like the holidays. Another part of the visiting area shall be built for conjugal visits and shall be able to accommodate up to 20 couples for both lawful and common-law wife.[18] [18: Revised IRR of Rep. Act No. 10575 (2016)]

Conclusion

“The inmates may have disobeyed some laws and rules of society, but like every human being, they are entitled to enjoy basic human rights,” Senator Laila de Lima said when she addressed the government about the conditions inside Philippine jails.

As inferred from the quote stated above, some PDLs may have been criminals deserving of severe punishment, but still, they are humans deserving of human treatment. Being taken away from family and friends, and being imprisoned in a walled institution with only strangers to keep you company can be traumatic to some. Being detained in prison is already enough punishment for PDLs, there is no need to increase their suffering by providing them with terrible conditions to endure for years.

The UNSMRTP is adopted to regulate prison laws of several countries including the Philippines. It encourages the rights of PDLs to be respected and that they will be treated right. The Revised IRR of Ra 10575 is adopted to ensure the enforceability of the rules laid down by the SMRTP in the country. The Revised IRR provided very specific rules following closely the general rules of SMRTP. The Revised IRR, however, remained as it was when it was created, as contrary to the SMRTP of UN, which was already revised to the newer version – the Nelson Mandela Rules.

This paper finds that while the Revised IRR provided specific rules about certain things, it did not provide sufficient rules for others. It encourages gender sensitivity, but it did not state how the different genders shall be handles. For one, it did not provide how the needs of PWDs shall be treated, nor the mentally ill or those with intellectual or mental disabilities. It also did not provide how LGBTI PDLs shall be handled, provided that they have needs that differ than those of male or female.

Recommendation

This paper proposes that the Congress should revise the existing rules under the Revised IRR of RA 10575 regarding living condition of PDLs in prison. The new rules should consist of specific details in treating PDLs with special needs such as PWDs and LGBTIs. The paper also encourages the Congress to impose penalties to prisons that do not conform to such rules provided. It is recommended that the revised rules are made while keeping in mind to follow the revised Nelson Mandela Rules and not the unrevised SMRTP. This is mainly because the SMRTP was adopted more than 50 years ago and was revised only a year before the passing of the Revised IRR. The Nelson Mandela Rules contain an updated version of the rules in conformity to the modernized world.