integration rtd-national survey of inmates · information on access to justice of inmates prior to...

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SUPREME COURT OF THE PHILIPPINES & UNITED NATIONS DEVELOPMENT PROGRAMME National Survey of National Survey of National Survey of National Survey of Inmates Inmates Inmates Inmates Key Findings, Challenges and Key Findings, Challenges and Reform Implications Reform Implications ROUND TABLE DISCUSSION 10 July 2003 • Pan Pacific Hotel, Manila

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Page 1: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

SUPREME COURT OF THE PHILIPPINES& UNITED NATIONS DEVELOPMENT PROGRAMME

National Survey ofNational Survey ofNational Survey of National Survey of InmatesInmatesInmatesInmates

Key Findings, Challenges and Key Findings, Challenges and Reform ImplicationsReform Implications

ROUND TABLE DISCUSSION

10 July 2003 • Pan Pacific Hotel, Manila

Page 2: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

PROJECT OVERVIEWPROJECT OVERVIEWPROJECT OVERVIEWPROJECT OVERVIEW

Survey of InmatesSurvey of Inmates: generate baseline : generate baseline Survey of InmatesSurvey of Inmates: generate baseline : generate baseline information on access to justice of inmates prior information on access to justice of inmates prior to and during confinement in national to and during confinement in national to and during confinement in national to and during confinement in national penitentiaries and provincial, district, city and penitentiaries and provincial, district, city and municipal jailsmunicipal jailsmunicipal jailsmunicipal jailsInstitutional AssessmentInstitutional Assessment: Capacity of BJMP and : Capacity of BJMP and PPA in fulfilling their mandates and in PPA in fulfilling their mandates and in PPA in fulfilling their mandates and in PPA in fulfilling their mandates and in enhancing access to justice by inmatesenhancing access to justice by inmates

Page 3: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

ACCESS TO JUSTICE ACCESS TO JUSTICE FRAMEWORKFRAMEWORK

INTERNATIONAL AND NATIONAL HUMAN RIGHTS

STANDARDS

RIGHT TO EQUAL ACCESS TO JUSTICE

CLAIM HOLDERS DUTY BEARERS

STATE AND NON-STATE INSTITUTIONS IN THE INMATES INSTITUTIONS IN THE

CRIMINAL JUSTICE SYSTEM

ABILITY (KNOWLEDGE, CAPACITY TO PERFORM

SURVEY OF INMATES AND

CAPACITY ABILITY (KNOWLEDGE, PERCEPTION AND

MEANS) TO EXERCISE PERTINENT RIGHTS AND UTILIZE SERVICES FROM

PUBLIC AND PRIVATE

CAPACITY TO PERFORM OBLIGATIONS TO

PROTECT, RESPECT, FACILITATE, PROMOTE

AND PROVIDE INMATE’S RIGHTS TO EQUAL

CAPACITY ASSESSMENT

OF KEY AGENCIES

JUSTICE INSTITUTIONS ACCESS TO JUSTICE

Page 4: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

LINK TO ACCESS TO JUSTICELINK TO ACCESS TO JUSTICELINK TO ACCESS TO JUSTICELINK TO ACCESS TO JUSTICE

IMPROVED ABILITY (KNOWLEDGE, PERCEPTION AND MEANS) OF INMATES TO EXERCISE PERTINENT RIGHTS

CLAIM HOLDERS

MEANS) OF INMATES TO EXERCISE PERTINENT RIGHTS AND UTILIZE SERVICES FROM PUBLIC AND PRIVATE

JUSTICE INSTITUTIONSLEVELS OF OUTCOMES

DUTY HOLDERS

IMPROVED CAPACITY OF STATE AND NON-STATE ACTORS TO PERFORM PERTINENT OBLIGATIONS

INSTITUTIONAL

REFORM DIRECTIONS

• Socio-demographiccharacteristics

• Economic profile

NATIONAL SURVEY OF INMATES

• Roles, turfs, and linkages• Key Processes/Interventions

INSTITUTIONAL CAPACITY REVIEW OF

BJMP & PPA

PROJECT COMPONENTS • Economic profile

• Case profile• Perception of the justice system• Knowledge of rights

• Performance• Structure• Internal Capacity

Page 5: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

INSTITUTIONAL ARRANGEMENTSINSTITUTIONAL ARRANGEMENTSINSTITUTIONAL ARRANGEMENTSINSTITUTIONAL ARRANGEMENTS

FACILITY

CONFINEMENT/SAFEKEEPING AND CORRECTIONCONFINEMENT/SAFEKEEPING AND CORRECTION

AGENCY JURISDICTIONTYPE NO.

•Bureau of Corrections, DOJ

•National penitentiaries, prisons or penal farms

7 •National prisoners or those who are serving p p gsentence of more than 3 years

•Bureau of Jail M t d

•District JailsCit J il

13583

•Detainees:Those ho areManagement and

Penology, DILG•City Jails•Municipal Jails

83256

Those who are undergoing trial or awaiting judgment/ sentencing of courts; and

•Philippine National Police, DILG

•City Jails•Municipal Jails

2747

Those who are serving sentence of 3 years or less

Police, DILG Municipal Jails 747

•Provincial Government •Provincial and Sub-Provincial Jails

104

•Department of Social •Regional Rehabilitation 10 •Juvenile delinquents or•Department of Social Welfare and Development

•Regional Rehabilitation Centers

10 •Juvenile delinquents or youthful offenders

Page 6: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

INSTITUTIONAL ARRANGEMENTSINSTITUTIONAL ARRANGEMENTSINSTITUTIONAL ARRANGEMENTSINSTITUTIONAL ARRANGEMENTS

NO OF

PRISON AND JAIL POPULATIONPRISON AND JAIL POPULATION

AGENCY FACILITY NO. OF INMATES

BJMP District, City and Municipal Jails 39,847Jails

PNP City and Municipal Jails 1,747

B C N ti l P it ti iBuCor National Penitentiaries, prisons and penal farms 25,002

Provincial Government

Provincial and Sub-Provincial Jails 18,104

Note The n mber of o thf l offenders in c stod is estimated atNote: The number of youthful offenders in custody is estimated at 20,000, half of who are under the supervision of the DSWD

Page 7: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

INSTITUTIONAL ARRANGEMENTSINSTITUTIONAL ARRANGEMENTSRESTORATION/RERESTORATION/RE--INTEGRATION OF OFFENDERSINTEGRATION OF OFFENDERS

PRESIDENT

Executive Clemency

Recommendation for executive

clemency

Supervision & monitoring of probationers, parolees & pardonees

Parole

Re-integration

Pre-parole/executive clemency

investigationBPP

INMATE COMMUNITYp , p p

Expiration of sentence

P b ti

PPA

PRISONS

INMATE COMMUNITY

Advisory

Pre-probation investigation

ProbationRelease on RecognizanceFull time creditPreventive imprisonment

PRISONS & JAIL

pChild and youth welfareAcquittalCase dismissalGrant of bail

COURT

Page 8: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

CASE PROFILE OF INMATESCASE PROFILE OF INMATESCASE PROFILE OF INMATESCASE PROFILE OF INMATES

Access to Justice Issues:Access to Justice Issues:Unlawful and unreasonable delays in the delivery of justice Unlawful and unreasonable delays in the delivery of justice servicesservicesUnla f l/ nreasonable incarcerationUnla f l/ nreasonable incarcerationUnlawful/unreasonable incarcerationUnlawful/unreasonable incarceration

Major Duty Bearers: Court, NPS & PNP, PAO & private Major Duty Bearers: Court, NPS & PNP, PAO & private legal aid providerslegal aid providerslegal aid providerslegal aid providersStrategic Roles of BJMP and PPAStrategic Roles of BJMP and PPA

ID inmates qualified for early release programsID inmates qualified for early release programsProvision of assistance to inmates to enable them to avail of Provision of assistance to inmates to enable them to avail of legal remedieslegal remediesAdvocacy: inquire on the reasons for the delay and request Advocacy: inquire on the reasons for the delay and request Advocacy: inquire on the reasons for the delay and request Advocacy: inquire on the reasons for the delay and request that case resolution be expeditedthat case resolution be expedited

Page 9: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

CASE PROFILECASE PROFILECASE PROFILECASE PROFILE

Duration from arrest to incarceration: 24 daysDuration from arrest to incarceration: 24 daysJAILS IN NATIONAL CAPITAL REGION

Duration from arrest to incarceration: 24 daysDuration from arrest to incarceration: 24 days64.5% of inmates are placed in jails on the day of their arrest64.5% of inmates are placed in jails on the day of their arrest

Duration from incarceration to last hearing: 1.1 yearDuration from incarceration to last hearing: 1.1 yearDuration from incarceration to last hearing: 1.1 yearDuration from incarceration to last hearing: 1.1 year34.4 of inmates: more than 1 year (maximum of 8 years)34.4 of inmates: more than 1 year (maximum of 8 years)

Duration from arrest to last hearing: 1.1 yearDuration from arrest to last hearing: 1.1 yearg yg y35.2% of inmates: more than 1 year 35.2% of inmates: more than 1 year

Duration for sentenced inmates from date of arrest to Duration for sentenced inmates from date of arrest to last hearing: 11.5 monthslast hearing: 11.5 months

24% of convicted inmates: more than 1 year duration24% of convicted inmates: more than 1 year duration

Page 10: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

CASE PROFILECASE PROFILECASE PROFILECASE PROFILE

Duration from arrest to incarceration: 5 daysDuration from arrest to incarceration: 5 daysCITY/MUNICIPAL JAILS OUTSIDE NCR

yy82% of inmates: incarcerated on the day of arrest82% of inmates: incarcerated on the day of arrest

Duration from incarceration to last hearing: 1.2 yearDuration from incarceration to last hearing: 1.2 year37.6% of inmates: more than 1 year (maximum of 7 years)37.6% of inmates: more than 1 year (maximum of 7 years)

Duration from arrest to last hearing: 1.3 year Duration from arrest to last hearing: 1.3 year 39 6% f i t th 1 d ti39 6% f i t th 1 d ti39.6% of inmates: more than 1 year duration39.6% of inmates: more than 1 year duration

Duration for sentenced inmates from date of arrest to Duration for sentenced inmates from date of arrest to last hearing: 1 3 yearlast hearing: 1 3 yearlast hearing: 1.3 yearlast hearing: 1.3 year

47.5% of sentence inmates: more than 1 year duration 47.5% of sentence inmates: more than 1 year duration (maximum of 6 years)(maximum of 6 years)

Page 11: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

CASE PROFILECASE PROFILECASE PROFILECASE PROFILE

Duration from arrest to incarceration: 24 daysDuration from arrest to incarceration: 24 daysPROVINCIAL JAILS

Duration from arrest to incarceration: 24 daysDuration from arrest to incarceration: 24 days84% of inmates are placed in jails on the day of their arrest84% of inmates are placed in jails on the day of their arrest

Duration from incarceration to last hearing: 3.1 yearsDuration from incarceration to last hearing: 3.1 yearsDuration from incarceration to last hearing: 3.1 yearsDuration from incarceration to last hearing: 3.1 years16% of inmates: more than 5 years (maximum of 22 years)16% of inmates: more than 5 years (maximum of 22 years)

Duration from arrest to last hearing: 3.1 yearsDuration from arrest to last hearing: 3.1 yearsg yg y78.3% of inmates: more than 1 year waiting time78.3% of inmates: more than 1 year waiting time

Duration for sentenced inmates from date of arrest to Duration for sentenced inmates from date of arrest to last hearing: 3 yearslast hearing: 3 years

70% of inmates: more than 1 year waiting time70% of inmates: more than 1 year waiting time17% of inmates: more than 5 years (maximum of 9.2 years)17% of inmates: more than 5 years (maximum of 9.2 years)

Page 12: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

CASE PROFILECASE PROFILECASE PROFILECASE PROFILE

Duration from arrest to incarceration: 8 monthsDuration from arrest to incarceration: 8 monthsNATIONAL PRISONS

Duration from arrest to incarceration: 8 monthsDuration from arrest to incarceration: 8 months76.8% of inmates are placed in jails on the day of 76.8% of inmates are placed in jails on the day of their arresttheir arresttheir arresttheir arrest

Duration from incarceration to last hearing: 3.3 Duration from incarceration to last hearing: 3.3 yearsyearsyearsyears

71.5% of inmates: more than 1 year71.5% of inmates: more than 1 yearD ti f t t l t h i 3 2 D ti f t t l t h i 3 2 Duration from arrest to last hearing: 3.2 yearsDuration from arrest to last hearing: 3.2 years

71% of inmates: more than 1 year duration71% of inmates: more than 1 year duration

Page 13: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

KNOWLEDGE OF THE KNOWLEDGE OF THE JUSTICE SYSTEMJUSTICE SYSTEM

Access to Justice Issue:Access to Justice Issue:Access to Justice Issue:Access to Justice Issue:Lack of adequate knowledge on the justice system, Lack of adequate knowledge on the justice system, particularly on legal aid services and redress particularly on legal aid services and redress mechanism for delays in the prosecution of cases in mechanism for delays in the prosecution of cases in courtcourt

M j D t B C t DOJ PAO OCA M j D t B C t DOJ PAO OCA Major Duty Bearers: Court, DOJ, PAO, OCA, Major Duty Bearers: Court, DOJ, PAO, OCA, BUCOR and private legal aid providersBUCOR and private legal aid providersSt t i R l f BJMP d PPASt t i R l f BJMP d PPAStrategic Role of BJMP and PPA:Strategic Role of BJMP and PPA:

Provider of basic information on inmates Provider of basic information on inmates rights/entitlements and obligations duty bearersrights/entitlements and obligations duty bearersrights/entitlements and obligations duty bearersrights/entitlements and obligations duty bearers

Page 14: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

KNOWLEDGE OF THE KNOWLEDGE OF THE JUSTICE SYSTEMJUSTICE SYSTEM

Knowledge of any legal aid officeKnowledge of any legal aid officeg y gg y gOnly 1 of every 5 inmates in NCR and national Only 1 of every 5 inmates in NCR and national prisons have knowledge of legal aid officeprisons have knowledge of legal aid officeI t i j il t id NCR h b tt k l d I t i j il t id NCR h b tt k l d Inmates in jail outside NCR have better knowledge Inmates in jail outside NCR have better knowledge on legal aid officeon legal aid officeFemale inmates have better knowledgeFemale inmates have better knowledgeFemale inmates have better knowledgeFemale inmates have better knowledge

Knowledge of any office or agency that accepts Knowledge of any office or agency that accepts complaints against delays in the prosecution of complaints against delays in the prosecution of

i t i tcases in courtcases in courtOnly 1 out of 5 inmates have knowledge of such Only 1 out of 5 inmates have knowledge of such office or agency office or agency office or agency office or agency

Page 15: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

KNOWLEDGE OF LEGAL KNOWLEDGE OF LEGAL REMEDIES AND OPTIONSREMEDIES AND OPTIONS

Access to Justice Issue:Access to Justice Issue:Access to Justice Issue:Access to Justice Issue:Lack of adequate knowledge on legal remedies, protections Lack of adequate knowledge on legal remedies, protections and procedures among inmates during arrest and detentionand procedures among inmates during arrest and detention

Major Duty Bearers: Court, DOJ, NPS, PAO, BUCOR, Major Duty Bearers: Court, DOJ, NPS, PAO, BUCOR, and private legal aid providersand private legal aid providersStrategic Role of BJMP and PPA:Strategic Role of BJMP and PPA:

Respect and protect rights of inmates, particularly those of Respect and protect rights of inmates, particularly those of j il d li t i t d d t ij il d li t i t d d t ijuvenile delinquents, women inmates, and detaineesjuvenile delinquents, women inmates, and detaineesProvider of basic information on inmates rights/entitlements Provider of basic information on inmates rights/entitlements and on legal proceduresand on legal proceduresg pg p

Page 16: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

KNOWLEDGE OF LEGAL KNOWLEDGE OF LEGAL REMEDIES & OPTIONSREMEDIES & OPTIONS

Existence of PAOExistence of PAOExistence of PAOExistence of PAOOnly half of the respondents know of the existence of PAO Only half of the respondents know of the existence of PAO and its servicesand its services

Right to BailRight to Bail80% of inmates have knowledge based on info from co80% of inmates have knowledge based on info from co--80% of inmates have knowledge based on info from co80% of inmates have knowledge based on info from coinmates, arresting officer or lawyerinmates, arresting officer or lawyerOnly few inmates exercised this right because of povertyOnly few inmates exercised this right because of poverty

Warrant of ArrestWarrant of Arrest60% of inmates have knowledge of the warrant of arrest60% of inmates have knowledge of the warrant of arrestgg

Page 17: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

KNOWLEDGE OF LEGAL KNOWLEDGE OF LEGAL REMEDIES AND OPTIONSREMEDIES AND OPTIONS

Right against involuntary admission of guiltRight against involuntary admission of guiltg g y gg g y g50% of inmates in jails have knowledge about this right50% of inmates in jails have knowledge about this rightOnly 39% to 47% in national prisons have knowledge about Only 39% to 47% in national prisons have knowledge about this rightthis rightthis rightthis right

Right to Legal CounselRight to Legal CounselAbout 70% of inmates have knowledge of this rightAbout 70% of inmates have knowledge of this right

L d R l th P t ti f J il L d R l th P t ti f J il Laws and Rules on the Protection of Juvenile Laws and Rules on the Protection of Juvenile OffendersOffenders

50% of inmates have knowledge of the existence of such 50% of inmates have knowledge of the existence of such gglawslaws

Legal Procedures After ArrestLegal Procedures After ArrestMore than 50% of inmates have no knowledgeMore than 50% of inmates have no knowledgeMore than 50% of inmates have no knowledgeMore than 50% of inmates have no knowledge

Page 18: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

ATTITUDES & PERCEPTIONS ATTITUDES & PERCEPTIONS ON THE JUSTICE SYSTEMON THE JUSTICE SYSTEM

Access to Justice Issue:Access to Justice Issue:Access to Justice Issue:Access to Justice Issue:Inadequate and negative attitudes/perceptions of inmates on Inadequate and negative attitudes/perceptions of inmates on the justice systemthe justice system

Major Duty Bearers: Court, DOJ, NPS, PAO, BUCOR, Major Duty Bearers: Court, DOJ, NPS, PAO, BUCOR, and private legal aid providersand private legal aid providersStrategic Role of BJMP and PPA:Strategic Role of BJMP and PPA:

Respect, protect and fulfill inmates rights to information and Respect, protect and fulfill inmates rights to information and id d t i f ti j ti tid d t i f ti j ti tprovide adequate information on justice systemprovide adequate information on justice system

Institutionalize and operationalize effective grievance systemInstitutionalize and operationalize effective grievance system

Page 19: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

ATTITUDES & PERCEPTIONS ATTITUDES & PERCEPTIONS ON THE JUSTICE SYSTEMON THE JUSTICE SYSTEM

ATTITUDE TOWARDS THE JUDICIAL SYSTEM IN GENERAL

Trust in the way the judicial system operates: inmates Trust in the way the judicial system operates: inmates prefer not to reveal their perceptionprefer not to reveal their perceptionUNDECIDEDUNDECIDED: integrity of judges in court: integrity of judges in courtAGREEAGREE: judges have full knowledge of legal : judges have full knowledge of legal proceduresproceduresDISAGREEDISAGREE: equality of rich and poor: equality of rich and poorUNDECIDEDUNDECIDED: rich could have fair treatment: rich could have fair treatmentUNDECIDEDUNDECIDED: poor could not expect fair treatment: poor could not expect fair treatment

Page 20: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

ATTITUDES & PERCEPTIONS ATTITUDES & PERCEPTIONS ON THE JUSTICE SYSTEMON THE JUSTICE SYSTEM

ADEQUACY OF INFORMATION ON THE JUSTICE SYSTEM

UNDECIDEDUNDECIDED: adequacy of inmates’ access to : adequacy of inmates’ access to information concerning how the justice system works information concerning how the justice system works

ADEQUACY OF INFORMATION ON THE JUSTICE SYSTEM

information concerning how the justice system works, information concerning how the justice system works, inmates’ rights, &where to file complaints about delays inmates’ rights, &where to file complaints about delays in casesin cases

ADEQUACY OF LEGAL DEFENSE

UNDECIDEDUNDECIDED: adequacy of legal defense: adequacy of legal defense

Page 21: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

ATTITUDES & PERCEPTIONS ATTITUDES & PERCEPTIONS ON THE JUSTICE SYSTEMON THE JUSTICE SYSTEM

UNLAWFUL OR UNREASONABLE DELAYS

UNDECIDEDUNDECIDED: use of force for the accused to confess to : use of force for the accused to confess to

UNLAWFUL OR UNREASONABLE DELAYS

a crime in order to expedite the litigation of a casea crime in order to expedite the litigation of a case

DISAGREEDISAGREE: inmate’s case are proceeding at a : inmate’s case are proceeding at a DISAGREEDISAGREE: inmate s case are proceeding at a : inmate s case are proceeding at a reasonable pacereasonable pace

AGREEAGREE i t ’ h ld d t f t i t ’ h ld d t f t AGREEAGREE: inmate’s case should proceed at a faster pace: inmate’s case should proceed at a faster pace

Page 22: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

ATTITUDES & PERCEPTIONS ATTITUDES & PERCEPTIONS ON THE JUSTICE SYSTEMON THE JUSTICE SYSTEM

EFFECTIVE REMEDY FOR DISADVANTAGED INMATES

AGREEAGREE: inmates could have avoided incarceration if : inmates could have avoided incarceration if only they have enough money to post bailonly they have enough money to post bail

EFFECTIVE REMEDY FOR DISADVANTAGED INMATES

only they have enough money to post bailonly they have enough money to post bailAGREEAGREE: poor are more likely to be detained pending : poor are more likely to be detained pending trialtrialUNDECIDEDUNDECIDED: poor have access to free service of a : poor have access to free service of a lawyerlawyerUNDECIDEDUNDECIDED h t ff ti i f h t ff ti i f UNDECIDEDUNDECIDED: poor have access to effective service of a : poor have access to effective service of a lawyerlawyerUNDECIDEDUNDECIDED: poor are likely to be tortured or forced to : poor are likely to be tortured or forced to UNDECIDEDUNDECIDED: poor are likely to be tortured or forced to : poor are likely to be tortured or forced to confess a crimeconfess a crime

Page 23: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

ATTITUDES & PERCEPTIONS ATTITUDES & PERCEPTIONS ON THE JUSTICE SYSTEMON THE JUSTICE SYSTEM

ADEQUACY OF PROTECTION FOR JUVENILE OFFENDERS

AGREEAGREE: juvenile offenders must be separated from : juvenile offenders must be separated from

ADEQUACY OF PROTECTION FOR JUVENILE OFFENDERS AND WOMEN

AGREEAGREE: juvenile offenders must be separated from : juvenile offenders must be separated from adultsadults

AGREEAGREE th i d t t ti f j il th i d t t ti f j il AGREEAGREE: there is adequate protection for juvenile : there is adequate protection for juvenile offenders under the country’s lawsoffenders under the country’s laws

AGREEAGREE: there is adequate protection for women : there is adequate protection for women inmates under the country’s lawsinmates under the country’s lawsinmates under the country s lawsinmates under the country s laws

Page 24: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

POLICY IMPLICATIONSPOLICY IMPLICATIONSPOLICY IMPLICATIONSPOLICY IMPLICATIONS

Need to address judicial process delays and the lack of Need to address judicial process delays and the lack of Need to address judicial process delays and the lack of Need to address judicial process delays and the lack of information on the government’s legal aid program, information on the government’s legal aid program, remedies, rights & entitlements, and legal proceduresremedies, rights & entitlements, and legal proceduresNeed to reNeed to re--affirm inmates right to informationaffirm inmates right to informationNeed a comprehensive program to reorient/reNeed a comprehensive program to reorient/re--tool and tool and p p gp p gsensitize law enforcers, jail guards, and public lawyers sensitize law enforcers, jail guards, and public lawyers on access to justice issues and the basic on access to justice issues and the basic

/ f/ frights/entitlements of prisoners and detaineesrights/entitlements of prisoners and detaineesNeed to reNeed to re--build inmates trust/confidence on the justice build inmates trust/confidence on the justice

ttsystemsystem

Page 25: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

INSTITUTIONAL CAPACITY INSTITUTIONAL CAPACITY ASSESSMENTASSESSMENT

Diffusion and overlapping of correction and Diffusion and overlapping of correction and Diffusion and overlapping of correction and Diffusion and overlapping of correction and rehabilitation functions creates inefficiencies and rehabilitation functions creates inefficiencies and muddles accountability particularly in performing muddles accountability particularly in performing obligations to respect, protect and fulfill inmates’ rights obligations to respect, protect and fulfill inmates’ rights to equal access to justiceto equal access to justiceBJMP’s direction towards centralization and BJMP’s direction towards centralization and nationalization of all local jails is not consistent with nationalization of all local jails is not consistent with the government policy of deepening devolution the government policy of deepening devolution the government policy of deepening devolution, the government policy of deepening devolution, enhancing capacity of the LGUs, and people enhancing capacity of the LGUs, and people empowermentempowermentempowermentempowerment

Page 26: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

INSTITUTIONAL CAPACITY INSTITUTIONAL CAPACITY ASSESSMENTASSESSMENT

Sharing of responsibilities between BJMP and Sharing of responsibilities between BJMP and Sharing of responsibilities between BJMP and Sharing of responsibilities between BJMP and PNP dilutes accountability and undermines the PNP dilutes accountability and undermines the effectiveness of correction programs Shared effectiveness of correction programs Shared effectiveness of correction programs. Shared effectiveness of correction programs. Shared accountability is zero accountability. The BJMP accountability is zero accountability. The BJMP and PNP have no principaland PNP have no principal--agent relationshipagent relationshipand PNP have no principaland PNP have no principal--agent relationship.agent relationship.Imbalance or disparity in the custodial force and Imbalance or disparity in the custodial force and jail population poses threats to the security of jail population poses threats to the security of jail population poses threats to the security of jail population poses threats to the security of jails and the community at large jails and the community at large

Page 27: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

INSTITUTIONAL CAPACITY INSTITUTIONAL CAPACITY ASSESSMENTASSESSMENT

Jail congestion is a persistent problem considering the Jail congestion is a persistent problem considering the g p p gg p p glack of additional resources and space. This leads to lack of additional resources and space. This leads to serious problems, including human rights abusesserious problems, including human rights abusesD fi i i i i i i i d i D fi i i i i i i i d i Deficiencies in accessing exit opportunities and in Deficiencies in accessing exit opportunities and in mobilizing resources through publicmobilizing resources through public--private private partnership or divestment of low end functions to civil partnership or divestment of low end functions to civil partnership or divestment of low end functions to civil partnership or divestment of low end functions to civil society and private enterprisessociety and private enterprisesConsidering the extent/size of the organizational Considering the extent/size of the organizational network of jails, prisons, parole and probation network of jails, prisons, parole and probation agencies, there is the absence of unified and agencies, there is the absence of unified and computerized information system on inmatescomputerized information system on inmatescomputerized information system on inmatescomputerized information system on inmates

Page 28: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

STRATEGIC REFORM STRATEGIC REFORM DIRECTIONSDIRECTIONS

INTEGRATED CORRECTION AND REHABILITATON SYSTEM

Strong oversight with capacity to formulate Strong oversight with capacity to formulate overall policy framework on correction andoverall policy framework on correction and

INTEGRATED CORRECTION AND REHABILITATON SYSTEM

overall policy framework on correction and overall policy framework on correction and rehabilitation of inmates; strictly enforce rehabilitation of inmates; strictly enforce national and international standards onnational and international standards onnational and international standards on national and international standards on prison and jail management and treatment of prison and jail management and treatment of inmates; and ensure performance of state inmates; and ensure performance of state obligations, particularly on access to justiceobligations, particularly on access to justice

Page 29: Integration RTD-National Survey of Inmates · information on access to justice of inmates prior to and during confinement in national penitentiaries and provincial, district, city

STRATEGIC REFORM STRATEGIC REFORM DIRECTIONSDIRECTIONS

INTEGRATED CORRECTION AND REHABILITATON SYSTEM

Unified and coherent set of policies, standards, Unified and coherent set of policies, standards, rules and procedures on prison and jailrules and procedures on prison and jail

INTEGRATED CORRECTION AND REHABILITATON SYSTEM

rules and procedures on prison and jail rules and procedures on prison and jail management and parole, probation and pardons management and parole, probation and pardons administrationadministrationHi hl d t li d ti tiHi hl d t li d ti tiHighly decentralized operations on corrections Highly decentralized operations on corrections and rehabilitation with direct delivery of services and rehabilitation with direct delivery of services lodged primarily with LGUslodged primarily with LGUsg p yg p yStrong publicStrong public--private sector partnership and private sector partnership and community involvement in correction and community involvement in correction and rehabilitation activitiesrehabilitation activitiesrehabilitation activitiesrehabilitation activities