Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were reports the government or its agents committed arbitrary or unlawful killings. For example, on June 1, an officer with the Criminal Investigation Services (SIC) shot and killed a robbery suspect in broad daylight while the suspect lay injured on the ground surrounded by SIC officers. A bystander filmed the killing, and the video footage circulated widely on social media. On June 10, the Ministry of Interior, which oversees SIC, ordered an investigation and placed the SIC officer who killed the suspect in preventive detention. Authorities charged him as well as six other officers present at the scene with qualified homicide. The trial of the seven officers continued at year’s end.
In a 2017 report, The Field of Death, journalist and human rights activist Rafael Marques stated a SIC campaign of extrajudicial killings of young men in Luanda. According to Marques, many SIC victims were accused of petty criminality or otherwise labeled as “undesirable” by residents of their respective communities. The report stated the national police at times coordinated with SIC officers in the killings. In December 2017 the public prosecutor announced the creation of a commission of inquiry to investigate the allegations, and the investigation continued at year’s end.
On August 14, the Luanda Provincial Tribunal convicted First Sergeant Jose Tadi and sentenced him to 18 years in prison and a fine of one million kwanzas ($3,450) for the 2016 killing of 14-year-old Rufino Antonio during an Angolan Armed Forces (FAA) demolition operation of allegedly unauthorized housing. The court convicted three other FAA soldiers for their involvement in the case and sentenced each of them to one year in prison. In September the family of Rufino Antonio filed a lawsuit against the government for failing to try or hold accountable the FAA commanding officers who oversaw the demolition operation.
At year’s end the Supreme Court had not rendered a decision on the appeal of the 28-year sentence imposed in 2016 on Jose Kalupeteka, leader of the Light of the World religious sect, convicted in connection with the 2015 clashes between members of his group and police that left 13 civilians and nine police officers dead, according to official figures.
There were no reports of disappearances by or on behalf of government authorities.
The constitution and law prohibit all forms of torture and cruel, inhuman, or degrading treatment or punishment, but the government did not always enforce these prohibitions. Periodic reports continued of beatings and other abuses of persons on the way to and in police stations during interrogations. The government acknowledged that at times members of the security forces used excessive force when apprehending individuals. Police authorities openly condemned some acts of violence or excessive force against individuals and asked that victims report abuses to the national police or the Office of the Public Defender (Ombudsman).
On April 14, police detained Antonio Castro Cassongo and five other members of the Lunda Tchokwe Protectorate Movement (LTPM) during a training workshop led by Cassongo. For several days police failed to acknowledge the whereabouts of the six individuals. After family members and the LTPM reported the disappearances to the press, a municipal police commander in Cafunfo acknowledged authorities had detained the six individuals in Cafunfo prison. They later released all six detainees; however, Cassongo stated that police brutally beat them while in custody.
During the year there were fewer instances in which security forces reacted violently to public demonstrations against the government. The visible presence of security forces was enough to deter significantly what the government deemed unlawful demonstrations. Authorities claimed known agitators, who sought only to create social instability, organized many of the public demonstrations.
Prison and Detention Center Conditions
Prison and detention center conditions were harsh and life threatening due to overcrowding, a lack of medical care, corruption, and violence.
Physical Conditions: On March 19, Meneses Cassoma, the spokesperson and chief prison inspector for the penitentiary services, acknowledged to the press that overcrowding in prisons was a serious problem.
Authorities frequently held pretrial detainees with sentenced inmates, and short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons. Inmates who were unable to pay court-ordered fines remained in prison after completing their sentence.
Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and had better rehabilitation, training, and reintegration services. Prisons did not always provide adequate medical care, sanitation, potable water, or food, and it was customary for families to bring food to prisoners. Local nongovernmental organizations (NGOs) stated prison services were insufficient.
There was no additional information on the killing of prisoner Bruno Marques in March 2017. In 2016 newspaper Novo Jornal published photos taken by Marques that allegedly depicted Viana jail’s deplorable conditions and sick and malnourished prisoners.
On March 18, SIC officers detained Mario Francisco, the director of penitentiary services for Cunene Province, and five other individuals on suspicion of diverting food from Peu Peu prison. In July 2017 the NGO Ame Naame Omunu denounced conditions in Peu Peu prison and filed a complaint with the provincial-level representative of the Ministry of Interior after uncovering the deaths of nine Peu Peu prisoners from unidentified causes. Prison records later identified cases of malnutrition resulting in inmate deaths. Francisco awaited trial and remained released on bail at year’s end.
Administration: The government investigated and monitored prison and detention center conditions.
Some offenders, including violent offenders, reported paying fines and bribes to secure their freedom, but it was unclear how prevalent this practice was.
Independent Monitoring: The government permitted visits to prisons by independent local and international human rights observers and foreign diplomats. Nevertheless, civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons.
Members of opposition parties visited prisons around the country on a regular basis and reported uneven improvements in living conditions and rehabilitation programs. A local NGO that provides pro bono legal services to inmates stated prison officials were trying to improve conditions but that overcrowding limited results. According to the Ministry of Justice and Human Rights, ministry representatives made monthly visits to detention centers with representatives of the Office of the Public Defender, the Attorney General’s Office (PGR), and members of the National Assembly to assess prisoners’ living conditions.
The law prohibits arbitrary arrest and detention; however, security forces did not always respect these prohibitions. The constitution provides the right of habeas corpus to citizens to challenge their detention before a court.
According to several NGO and civil society sources, police arbitrarily arrested individuals without due process and routinely detained persons who participated, or were about to participate, in antigovernment protests, although the constitution protects the right to protest. While they often released detainees after a few hours, police at times charged them with crimes.
ROLE OF THE POLICE AND SECURITY APPARATUS
The national police, controlled by the Ministry of Interior, are responsible for internal security and law enforcement. The SIC, also under the Ministry of Interior, are responsible for preventing and investigating domestic crimes. The Expatriate and Migration Services and the Border Guard Police, in the Ministry of Interior, are responsible for migration law enforcement. The state intelligence and security service reports to the presidency and investigates sensitive state security matters. The FAA are responsible for external security but also have domestic security responsibilities, including border security, expulsion of irregular migrants, and small-scale actions against Front for the Liberation of the Enclave of Cabinda separatists in Cabinda.
Civilian authorities maintained effective control over the FAA and the national police, and the government has mechanisms to investigate and punish abuse and corruption. The security forces generally were effective, although sometimes brutal, at maintaining stability. There were allegations during the year that the SIC committed extrajudicial killings, at times in coordination with the national police, to combat crime (see section 1.a.). The national police and FAA have internal mechanisms to investigate security force abuses, and the government provided some training to reform the security forces. Impunity for security force abuses remained a problem, however.
Local populations generally welcomed police presence in neighborhoods and on streets as enhancing general safety and security. Nevertheless, police routinely were believed to extort civilians to supplement their income. Corruption and impunity remained serious problems. The national police handled most complaints internally through opaque disciplinary procedures, which sometimes led to formal punishment, including dismissal. They participated in a television series designed to show a gamut of interactions between police and civilians. The goal of the show was to encourage the population to collaborate with police while discouraging security force members’ procurement of bribes or their payment. The national police also utilized social media to communicate with civilians. The PGR has an anticorruption unit, charged with oversight of police wrongdoing. The government disclosed publicly the results of some investigations that led to disciplinary action.
Police participated in professional training provided by national and international organizations that focused on human rights and combatting trafficking in persons.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The law requires a magistrate or judge to issue a warrant before an arrest may be made, although a person caught committing an offense may be arrested immediately without a warrant. Authorities, however, did not always procure warrants before making an arrest.
By law the public prosecutor must inform the detainee of the legal basis for his or her detention within 48 hours. NGO sources reported authorities often did not respect the law. If the public prosecutor is unable to determine whether there is a legal basis for the detention within 48 hours, the prosecutor has the authority to release the person or, depending on the seriousness of the case, require the person to submit to one or more pretrial procedures prescribed by law, such as posting bail, periodic appearance before authorities, or house arrest.
If the public prosecutor determines a legal basis exists for the detention, a person may be held in pretrial detention for up to four months without charge and up to 12 months before a judge is required to rule on the case. Cases of special complexity regarding crimes for which conviction is punishable by eight or more years allow for pretrial detention without charge for up to six months, and up to 14 months before a judge is required to rule on the case. By law the period of pretrial detention counts as time served in fulfillment of a sentence of imprisonment.
The law states that all detainees have the right to a lawyer, either chosen by them or appointed by the government on a pro bono basis. The lack of lawyers in certain provinces at times impeded the right to a lawyer. There was an insufficient number to handle the volume of criminal cases, and the geographical distribution of lawyers was a problem, since most lawyers were concentrated in Luanda. Lawyers and NGOs noted that even in Luanda most poor defendants did not have access to lawyers during their first appearance before a judicial authority or during their trial. When a lawyer is unavailable, a judge may appoint a clerk of the court to represent the defendant, but clerks of the court often lacked the necessary training to provide an adequate defense.
The law allows family members prompt access to detainees, but prison officials occasionally ignored this right or made it conditional upon payment of a bribe. The law requires detainees be held incommunicado for up to 48 hours until being presented to a public prosecutor, except they may communicate with their lawyer or a family member.
A functioning but ineffective bail system, widely used for minor crimes, existed. Prisoners and their families reported that prison officials demanded bribes to release prisoners.
Arbitrary Arrest: Unlawful arrest and detention remained serious problems. The PGR attributed allegations of government wrongdoing on arrest practices made by local and international NGOs to a lack of understanding of national laws. For example, on August 12, authorities detained Joaquim costa Zangui “Lutambi,” a member of the political party Democratic Bloc, in the Viana suburb of Luanda by seizing him as he walked on the street. The Monitoring Group on Human Rights, an NGO, issued an alert several days after his disappearance, and police subsequently acknowledged they took Zangui to Ndalatando prison on suspicion of criminal activity. On September 6, authorities released Zangui.
Pretrial Detention: Excessively long pretrial detention continued to be a serious problem. An inadequate number of judges and poor communication among authorities contributed to the problem. In some cases authorities held inmates in prison for up to two years in pretrial detention. On March 18, the Ministry of Interior reported that approximately 45 percent of the total inmate population were pretrial detainees. The government often did not release detainees confined beyond the legal time limit, claiming previous releases of pretrial detainees had resulted in an increase in crime.
e. Denial of Fair Public Trial
The constitution and law provide for an independent and impartial judiciary. Institutional weaknesses in the judicial system, however, such as political influence in the decision-making process, were problems. The Ministry of Justice and Human Rights and the PGR worked to improve the independence of prosecutors and judges. The National Institute for Judicial Studies conducted capacity-building programs on the importance of an independent judicial system.
There were long trial delays at the Supreme Court. Criminal courts also had a large backlog of cases, which resulted in major delays in hearings.
Informal courts remained the principal institutions through which citizens resolved civil conflicts in rural areas, such as disputes over a bartering deal. Each community in which informal courts were located established local rules, creating disparities in how similar cases were resolved from one community to the next. Traditional leaders (known as “sobas”) also heard and decided local civil cases. Sobas do not have the authority to resolve criminal cases, which only courts may hear.
Both the national police and the FAA have internal court systems that generally remained closed to outside scrutiny. Although members of these organizations may be tried under their internal regulations, cases that include violations of criminal or civil laws may also fall under the jurisdiction of provincial courts. Both the PGR and the Ministry of Justice and Human Rights have civilian oversight responsibilities over military courts.
Although the law provides all citizens the right to a fair trial, authorities did not always respect this right. Defendants enjoy the right to a presumption of innocence until proven guilty. Authorities must inform defendants of the charges levied against them in detail within 48 hours of their detention. Defendants have the right to free language interpretation during all legal proceedings from the moment charged through all appeals. By law trials are usually public, although each court has the right to close proceedings. Defendants have the right to be present and consult with an attorney, either chosen by them or appointed by the state, in a timely manner. According to the Ministry of Justice and Human Rights, all public defenders are licensed lawyers. Defendants do not have the right to confront their accusers. They may question witnesses against them and present witnesses and evidence on their own behalf. Defendants have the right to sufficient time and facilities to prepare a defense. The law protects defendants from providing self-incriminating testimony. Individuals have the right to appeal their convictions. Authorities did not always respect these trial procedure rights.
A separate juvenile court is designated for children’s affairs. A juvenile court hears cases of minors between the ages of 12 and 16 accused of committing a criminal offense. Minors older than age 16 accused of committing a criminal offense are tried in regular courts. In many rural municipalities, there is no provision for juvenile courts, so offenders as young as 12 may be tried as adults. In many cases traditional leaders have state authority to resolve disputes and determine punishments for civil offenses, including offenses committed by juveniles. The constitution defines traditional authorities as ad hoc units of the state.
The president appoints Supreme Court justices for life terms without confirmation by the National Assembly. The Supreme Court generally hears cases concerning alleged political and security crimes.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Damages for human rights violations may be sought in municipal or provincial courts and appealed to the Supreme Court.
The constitution recognizes the right to housing and quality of life, and the law states that persons relocated should receive fair compensation. The constitution provides that all untitled land belongs to the state. In 2016 security forces demolished hundreds of allegedly illegal, privately built homes in Zango, a suburban Luanda zone that falls within the restrictive perimeter of the Luanda-Bengo Special Economic Zone. The demolitions displaced thousands of persons and resulted in several deaths. Some persons forced to move did not receive fair compensation, at times due to lack of clear title or permits for the destroyed property. Relocated persons who received housing units often complained their units were located far from their jobs or places of business, or were of substandard quality.
The constitution and law prohibit such actions, but the government did not always respect these prohibitions. Civil organizations and politically active individuals, including government critics, members of opposition parties, and journalists, complained the government maintained surveillance of their activities and membership. These groups also frequently complained of threats and harassment based on their affiliations with groups that were purportedly or explicitly antigovernment.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were numerous reports that government security agencies and their informal allies committed arbitrary or unlawful killings in connection with the government-directed campaign against illegal drugs. Killings of activists, judicial officials, local government leaders, and journalists by antigovernment insurgents and unknown assailants also continued.
From July 2016 to July 2018, law enforcement agencies reported that an average of six persons died daily in antidrug operations. The 105,658 antidrug operations conducted from July 2016 to September 2018 led to the deaths of 4,854 civilians and 87 members of the security forces. Government data on the antidrug campaign were provided through #RealNumbersPH, operated by the Inter-Agency Committee on Anti-Illegal Drugs. In an illustrative case, an unknown gunman shot and killed Tanauan City Mayor Antonio Halili during a flag ceremony at city hall on July 2. Mayor Halili was on the president’s “narco list” and known for his “Walk of Shame” parade for drug suspects. Three other mayors and two vice-mayors were killed in similar incidents.
The reported number of alleged extrajudicial killings varied widely, since government and nongovernmental organizations (NGOs) used different definitions. The Commission on Human Rights (CHR), an independent government agency responsible for investigating alleged human rights violations, investigated 301 new complaints of alleged extrajudicial or politically motivated killings involving 387 victims as of August, including 70 cases of drug-related extrajudicial killings involving 90 victims. The CHR suspected PNP or Philippine Drug Enforcement Agency (PDEA) involvement in 208 of these new complaints and the armed forces (AFP) or paramilitary personnel in 19 cases. The CHR attributed the higher number of investigations of extrajudicial killings to an increase in investigations initiated on its own authority based on monitoring news reports, reports to the CHR in social media, or information received following CHR outreach efforts.
The PNP’s Task Force Usig, responsible for investigating and monitoring killings of members of the press, labor activists, and foreigners, opened no new cases from January to July.
The NGO Task Force Detainees of the Philippines (TFDP), which documented cases of alleged state perpetrated, politically motivated killings carried out by unspecified security forces, was unable to provide data for the reporting year. The TFDP covered such cases separately from killings in the antidrug campaign.
President Duterte continued his anticrime campaign, specifically targeting the widespread trafficking and abuse of illegal narcotics. Fatalities fell dramatically following the PNP’s suspension of the counternarcotics campaign in accordance with a presidential memorandum in October 2017. The president reversed the suspension in December 2017 and reported extrajudicial killings increased, but to a lower level than prior to the suspension. On July 23, in his State of the Nation Address, the president reiterated that the drug war was “far from over” and would continue to be “relentless and chilling.” In specific cases President Duterte commented that if police were found to be corrupt, they should go to jail, or that he would deploy a “special unit” of officers to hunt and kill them.
Civil society organizations accused police of planting evidence, tampering with crime scenes, unlawfully disposing of the bodies of drug suspects, and other actions to cover up extrajudicial killings. The CHR reported that the PNP refused to share information on investigations into police and vigilante killings, as required by the constitution. The Supreme Court ruled that the PNP must turn over documents. The PNP indicated in May that it had turned over 95 percent of the required records to the solicitor general, although it was not clear whether these records were subsequently turned over to the Supreme Court.
President Duterte continued to maintain lists of suspected drug criminals, including government, police, military officials, and members of the judiciary. Many viewed the list as an implied threat. The list now includes 96 politicians. PDEA Chief Aaron Aquino reported in July that the president would no longer publicly announce the names on the list because of “complications” that followed doing so.
The AFP Human Rights Office reported no cases of forced disappearance attributed to or implicating government authorities from January to August. Separately, the CHR reported five cases of abduction and forced disappearance from January to August.
The law allows family members of alleged victims of disappearances to compel government agencies to provide statements in court about what they know regarding the circumstances surrounding a disappearance (or extrajudicial killing) and the victim’s status. Evidence of a kidnapping or killing requires the filing of charges, but in many past cases, evidence and documentation were unavailable or not collected. Investigative and judicial action on disappearance cases was insufficient; a small number of previously reported cases were prosecuted.
The constitution and law prohibit torture, and evidence obtained through its use is inadmissible in court. According to the CHR, however, members of the security forces and police allegedly routinely abused and sometimes tortured suspects and detainees. Common forms of abuse during arrest and interrogation reportedly included electric shock, cigarette burns, and suffocation.
As of August the CHR had investigated 30 cases of alleged torture involving 36 victims; it suspected police involvement in eight of the cases. In March, several farmers and miners from the Compostela Valley in Mindanao filed a complaint with the CHR alleging that AFP soldiers beat and burned them in November 2017 because the soldiers suspected the miners and farmers were members of the New People’s Army (NPA).
There were no convictions specifically for torture during the year, but a few cases continued under the antitorture law.
According to NGOs and press reports, mental abuse, including shaming–illegal under the Anti-Torture Act–reportedly occurred, especially in drug cases. In July local media reported on strip searches of drug suspects, including women, conducted in March by Makati City police officers. Videos of the incident showed police officers laughing during the searches, including that of a naked woman.
As part of the antidrug campaign, authorities called on drug criminals to turn themselves in to police to avoid more severe consequences. As of June the PNP reported 1,274,148 surrenders facilitated since July 2016, although civil society actors questioned the official figures. Civil society and other observers claimed a climate of fear led many persons associated with drugs to surrender.
Reports of rape and sexual abuse of women in police or protective custody continued. The Center for Women’s Resources reported eight cases of rape involving 16 police officers from January 2017 to July 2018. The Center noted that many of the rapes occurred in connection with police antidrug operations.
The United Nations reported receiving one allegation of sexual exploitation and abuse against a Filipino peacekeeper deployed to the UN Mission in Liberia. The case, which alleged the rape of a minor, was reported in 2017. An investigation by both the United Nations and the Philippine government was pending.
Prison and Detention Center Conditions
Prison conditions were often harsh and potentially life threatening and, in most cases, included gross overcrowding, inadequate sanitary conditions, physical abuse, and constant lack of resources including medical care and food.
NGOs reported that abuses by prison guards and other inmates were common, but they stated that prisoners, fearing retaliation, declined to lodge formal complaints.
The juvenile justice law exempts minors from criminal liability. Drug syndicates often used minors as runners, traffickers, cultivators, or drug den employees. Rescued minors are turned over to the custody of Department of Social Welfare and Development. In accordance with the juvenile justice law, police stations had youth relations officers to ensure that authorities treated minor suspects appropriately, but in some cases they ignored procedural safeguards and facilities were not child friendly. The law mandates that the Social Welfare Department provide shelter, treatment, and rehabilitation services to these children. From January to June, the department assisted 1,650 children in conflict with the law (that is, alleged as, accused of, or judged as having committed an offense) in 16 rehabilitation centers nationwide. Additionally, several local governments established and managed youth centers that provided protection, care, training, and rehabilitation for these children and other at-risk youth.
Physical Conditions: The Bureau of Corrections (BuCor), under the Department of Justice, administered seven prisons and penal farms nationwide for individuals sentenced to prison terms exceeding three years. BuCor facilities operated at more than 2.5 times the official capacity of 16,010, holding 43,978 prisoners. The capacity remained the same as in 2017, but the number of prisoners grew by 2,000.
The Bureau of Jail Management and Penology (BJMP), under the Department of the Interior and Local Government and the PNP, controlled 926 city, district, municipal, and provincial jails that held pretrial detainees, persons awaiting final judgment, and convicts serving sentences of three years or less. The BJMP reported its jails operated at an average of more than four times their designated capacity; the CHR reported BJMP jails were at 612 percent of capacity. Overcrowding led to a staff-to-detainee ratio of approximately 1:74. The Navotas City Jail, in one of the poorest areas in Metro Manila, had an official capacity of 23 inmates, yet as of July held 937 prisoners. Several NGOs observed that overcrowding was more severe in smaller cities, a condition that reportedly triggered violence among inmates and promoted gang rivalries.
The CHR confirmed that overcrowding had worsened because of the antidrug campaign, and that this was compounded by the June order to arrest loiterers (see “Arbitrary Arrest or Detention” below). According to Manila Police District statistics, 55 inmates died due to overcrowding in detention facilities between July 2016 and June 2018.
Juveniles younger than 18 years were typically released by court order or following a petition by the Public Attorney’s Office, the inmate’s private lawyer, or through NGO-led appeals. As of July juveniles made up less than 1 percent of the prison population.
Prison authorities did not uniformly enforce BJMP and BuCor regulations that require holding male and female inmates in separate facilities, and, in national prisons, overseeing them with guards of the same sex. In some facilities, authorities did not fully segregate juveniles from adults. BJMP and BuCor reported insufficient custodial and escort personnel, especially in large jails, with about 70 prisoners assigned to each custodial staff member. In larger prisons, for example, such as the New Bilibid Prison, one prison guard oversaw 100 to 150 prisoners.
Reports indicated that poor sanitation, inadequate ventilation, poor access to natural lighting, and a lack of potable water were chronic problems in correctional facilities and contributed to health problems. From January to July, BuCor and the BJMP reported 766 inmate deaths, a death rate of 0.42 percent. Prison authorities report that most deaths were the result of illness. Authorities provided BuCor inmates with medical care; however, some medical services and treatments were not available. In such cases, authorities referred inmates to an outside hospital. Inmates received a medicine allowance of 10 Philippine pesos ($0.19) per day. For example, congestion at the Manila Police District 9, Binan Police Station Custodial Facility, a BJMP Facility in San Pedro City, led some detainees to suffer from an apparently bacterial infection that, in one case, led to death.
Opportunities for prisoner recreation, learning, and self-improvement remained scarce.
Administration: The BJMP helped expedite court cases to promote speedy disposition of inmates’ cases. Through this program, authorities released 53,751 inmates from BJMP jails from January to July.
Prisoners, their families, and lawyers may submit complaints to constitutionally established independent government agencies, and the CHR referred complaints it received to the appropriate agency.
Authorities generally allowed prisoners and detainees to receive visitors, but local NGOs reported that authorities periodically restricted family visits for some detainees accused of insurgency-related crimes. Prison officials noted that security concerns and space limitations at times also restricted prisoner access to visitors.
Muslim officials reported that, while Muslim detainees were allowed to observe their religion, Roman Catholic mass was often broadcast by loudspeaker to prison populations of both Roman Catholic and non-Roman Catholic prisoners and detainees. BuCor has a rehabilitation program that focuses on inmates’ moral and spiritual concerns.
Independent Monitoring: Authorities permitted international monitoring groups, including the International Committee of the Red Cross, free and timely access to jails and prisons. The constitution grants the CHR authority to visit jails, prisons, or detention facilities to monitor the government’s compliance with international treaty obligations. The CHR reported some detention facilities still lacked an understanding of the CHR’s mandate and continued to deny CHR representatives access to detention facilities. For example, the Caloocan Yakap Center, a youth detention home in Metro Manila, required a CHR team to ask the head of the facility for permission to monitor compliance by submitting a letter prior to the visit.
Improvements: To reduce overcrowding, the government began to encourage plea bargaining in drug offense cases.
The constitution prohibits arbitrary arrest and detention and provides for the right of persons to challenge the lawfulness of their arrest or detention in court, and the government generally observed these requirements. As of July the Office of the Ombudsman, an independent agency responsible for investigating and prosecuting charges of public abuse and impropriety, reported 16 arbitrary detention violations committed by law enforcement agencies or the AFP.
In September, President Duterte declared void on procedural grounds the 2011 amnesty that opposition Senator Antonio Trillanes IV received for his leadership roles in a 2003 coup attempt and 2007 rebellion. President Duterte’s Presidential Proclamation declared Trillanes’ amnesty void because he did not follow correct procedures when applying for it.
During a June speech to newly promoted officers, President Duterte told police to arrest loiterers as an additional element of the antidrug campaign. While the PNP generally interpreted the remarks as a verbal directive to intensify enforcement of existing local ordinances, such as those against public urination or intoxication, there were also reports of forced confessions of drug use and of deaths in detention among those arrested for loitering. For example, after his arrest in June for loitering, 25-year-old Genesis “Tisoy” Argoncillo was held along with murder suspects despite the minor charges against him. Argoncillo died after cellmates allegedly beat him to death.
On August 16, police detained three lawyers during a drug operation at a bar in Manila. Police asserted that the three harassed them by demanding to see the search warrant, blocking their access to parts of the building, and taking photographs. The lawyers, representing one of the bar’s owners, claimed they were present to take notes and observe the operation. Police charged the three with obstruction of justice.
ROLE OF THE POLICE AND SECURITY APPARATUS
The 180,000 member PNP is charged with maintaining internal security in most of the country and reports to the Department of the Interior and Local Government. The AFP, which reports to the Department of National Defense, is responsible for external security but also carries out domestic security functions in regions with a high incidence of conflict, particularly in areas of Mindanao. The two agencies share responsibility for counterterrorism and counterinsurgency operations. The PNP Special Action Force is responsible, in particular, for urban counterterrorism operations. President Duterte’s May 2017 declaration of martial law for the entire region of Mindanao and the Sulu Archipelago was extended to the end of December 2018, giving the military expanded powers. Human rights groups continued to express concern about the potential for human rights abuses.
Governors, mayors, and other local officials have considerable influence over local police units, including appointment of top departmental and municipal police officers and the provision of resources, an arrangement that often resulted in graft and corruption.
The PNP’s institutional deficiencies and the public perception that corruption was endemic within the force continued.
PNP Director General Oscar Albayalde, appointed in April, publicly reiterated his desire to cleanse the PNP ranks of corruption. This included reporting to the IAS more than 600 officers who allegedly committed human rights violations during antidrug operations since July 2016, and having the PNP’s Counter-Intelligence Task Force monitor police personnel suspected of illegal activities. From January to July, the PNP reported that 441 of its personnel were accused of committing human rights violations. Of these, it claimed, court charges were pending in 375 cases, 50 personnel were exonerated; 10 cases were dismissed; four persons were dismissed from service, one suspended, and one demoted. An additional 21 PNP personnel were dismissed from service for actions taken in antidrug operations. The IAS, mandated to ensure police operate within the law, remained largely ineffective. In April the IAS reported that from 2015 to 2017, final reports with a recommendation for action had been submitted to PNP leadership in only 721 out of 2,431 cases. The IAS reported that manpower and resource limitations hampered the legally required investigations into deaths resulting from police operations, but asserted nonetheless that 100 percent of the deaths in police shootings resulted from legitimate, lawful police actions.
Other government mechanisms to investigate and punish abuse and corruption in the security forces were poorly resourced and remained largely ineffective.
In the 2017 killing of juvenile Kian delos Santos, however, prosecutors and the courts moved swiftly to hold the officers directly responsible to account. On November 29, the Caloocan City Regional Trial Court found three police officers guilty of the killing, sentencing each to 40 years’ imprisonment and ordering them to pay the victim’s family 345,000 pesos ($6,450). Previously, President Duterte had said of the killing, which sparked a public backlash against the antidrug campaign, “this is not performance of duty.” The presidential spokesperson hailed the verdict. Human rights activists welcomed the convictions, but also called on the government to take far more action to bring perpetrators of killings to justice.
President Duterte publicly condemned corruption in government and the security forces. From January to August, complainants reported 114 cases of alleged military and law enforcement involvement in human rights abuses to the Office of the Ombudsman, including killings, injuries, unlawful arrest, and torture. A majority of the cases were against low-ranking officials. As of August all cases, except one dismissed case, remained open pending additional investigation.
Many cases from previous years were still open. Of the police officers involved cases of killings in 2017 of minors allegedly involved in the drug trade, only five were jailed and indicted; four of their superiors were cleared of command responsibility and promoted.
Efforts continued to reform and professionalize the PNP through improved training, expanded community outreach, and salary increases. Human rights modules were included in all PNP career courses, and the PNP Human Rights Affairs Office conducted routine training nationwide on human rights responsibilities in policing. Several NGOs suggested that PNP training courses should have a follow up mechanism to determine the effectiveness of each session.
The AFP Human Rights Office monitored and reviewed alleged human rights abuses involving members of the military. From January through July, the office identified and investigated five reported incidents, including a forced disappearance, two extrajudicial killings, and an alleged murder.
The military routinely provided human rights training to its members, augmented by training from the CHR. The AFP used its revised Graduated Curricula on Human Rights/International Humanitarian Law for the Military to provide a uniform standard of training across service branches. The AFP adhered to a 2005 Presidential Memorandum requiring the incorporation of human rights and international humanitarian law into all AFP education and training courses. Successful completion of these courses is required to complete basic training and for induction, promotion, reassignment, and selection for foreign schooling opportunities. From January to August, various AFP service units conducted a total of 59 human rights-related training programs, seminars, or workshops. CHR representatives noted that participants were highly engaged.
The Congressional Commission on Appointments determines whether senior military officers selected for promotion have a history of human rights violations and solicits input from the CHR and other agencies through background investigations. The commission may withhold a promotion indefinitely if it uncovers a record of abuses. Violations, however, do not preclude promotion.
Human rights groups noted little progress in implementing and enforcing reforms aimed at improving investigations and prosecutions of suspected human rights violations. Potential witnesses often were unable to obtain protection through the witness protection program managed by the Department of Justice due to inadequate funding or procedural delays or failure to step forward because of doubts about the program’s effectiveness. The CHR operated a smaller witness protection program that was overburdened by witnesses to killings in the antidrug campaign. The loss of family income due to the relocation of a family member was also, in some cases, a barrier to witnesses’ testimony. The Office of the Ombudsman also reported that witnesses often failed to come forward, or failed to cooperate, in police abuse or corruption cases. This problem sometimes followed pressure on witnesses and their families or arose from an expectation of compensation for their cooperation.
The government continued to support and arm civilian militias. The AFP controlled Civilian Armed Force Geographical Units (CAFGUs), while Civilian Volunteer Organizations (CVOs) fell under PNP command. These paramilitary units often received minimal training and were poorly monitored and regulated. Some political families and clan leaders, particularly in Mindanao, maintained private armies and, at times, recruited CVO and CAFGU members into those armies.
Prolonged delays in the justice system reinforced the perception of impunity for national, provincial, and local government actors accused of human rights abuses.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
Warrants based on sufficient evidence and issued by an authorized official are required for an arrest unless 1) the suspect is observed attempting to commit, in the act of committing, or just after committing an offense; 2) there is probable cause based on personal knowledge that the suspect just committed an offense; or 3) the suspect is an escaped prisoner. Authorities are required to file charges within 12 to 36 hours for arrests made without warrants, depending on the seriousness of the crime. In terrorism cases, the law permits warrantless arrests and detention without charges for up to three days.
Detainees have the right to bail, except when held for capital offenses or those punishable by a life sentence. The bail system largely functioned as intended, and suspects were allowed to appeal a judge’s decision to deny bail. The law provides an accused or detained person the right to choose a lawyer and, if the suspect cannot afford one, to have the state provide one. Due to an underresourced Public Attorney’s Office, however, indigent persons had limited access to public defenders.
Arbitrary Arrest: Security forces continued to detain individuals, including juveniles, arbitrarily and without warrants on charges other than terrorism, especially in areas of armed conflict.
Pretrial Detention: Lengthy pretrial detention remained a problem due largely to the slow and ineffectual justice system. According to the Supreme Court, there were more than 780,000 pending cases before 2,617 first and second level courts nationwide, 78 percent of which were pending before 1,054 regional trial courts. Pending cases were not evenly distributed among the courts, which resulted in some severely overburdened courts. Large jails employed paralegals to monitor inmates’ cases, prevent detention beyond the maximum sentence, and assist with decongestion efforts.
e. Denial of Fair Public Trial
The law provides for an independent judiciary and the government generally respected judicial independence and impartiality. Corruption through nepotism, personal connections, and sometimes bribery continued to result in relative impunity for wealthy or influential offenders. Insufficient personnel, inefficient processes, and long procedural delays also hindered the judicial system. These factors contributed to widespread skepticism that the criminal justice system delivered due process and equal justice.
Supreme Court Chief Justice Maria Lourdes Sereno was removed from office in June due to her alleged failure to submit all wealth declaration documents when she applied for the position in 2012. Human rights groups alleged Sereno’s vocal opposition to the conduct of the drug war played a significant role in the decision.
Trials took place as a series of separate hearings, often months apart, as witnesses and court time became available, contributing to lengthy delays. There was a widely recognized need for more prosecutors, judges, and courtrooms. As of June 30, approximately one-third of authorized prosecutor positions (1,060 positions) were unfilled. Sharia (Islamic law) court positions continued to be particularly difficult to fill because of the requirement that applicants be members of both the Sharia Bar and the Integrated Bar. Sharia courts do not have criminal jurisdiction. Although the Prosecutor General received authority to hire hundreds of new prosecutors for sharia courts, training for them was of short duration and considered inadequate.
The Supreme Court continued efforts to provide speedier trials, reduce judicial malfeasance, increase judicial branch efficiency, and raise public confidence in the judiciary. It continued to implement guidelines to accelerate resolution of cases in which the maximum penalty would not exceed six years in prison. In 2016 the judiciary instituted new court rules and procedures for case processing that limited the postponement of hearings and made other procedural changes to expedite case processing. Implementation of the most significant part of the reform, e‑Courts and the Revised Guidelines for Continuous Trial of Criminal Cases in Pilot Courts, began in 2017.
The constitution provides for the right to a speedy, impartial, and public trial. An independent judiciary generally enforced this right, although not in a timely manner. The law requires that all persons accused of crimes be informed of the charges against them and grants rights to counsel, adequate time to prepare a defense, and a speedy and public trial before a judge. No criminal proceeding goes forward against a defendant without the presence of a lawyer. The law presumes defendants are innocent. They have the right to confront witnesses against them, be present at their trial, present evidence in their favor, appeal convictions, and not be compelled to testify or confess guilt. The court may appoint an interpreter if necessary. If the court’s interpreter makes serious mistakes, a party can challenge the interpretation. The government generally implemented these requirements, except for the right to a speedy trial.
Although the law provides that cases should be resolved within three months to two years, depending on the court, trials effectively had no time limits. Government officials estimated it took an average of five to six years to obtain a decision. In September a court convicted retired general Jovito Palparan and two subordinates of kidnapping and illegal detention after a four-year-long trial. The incident, in 2006, involved the disappearance of two university students. Palparan, who was allegedly also deeply involved in extrajudicial killings and torture, was sentenced to life imprisonment. His conviction was a positive example of the courts’ ability to hold security force leaders accountable for their actions.
Authorities respected a defendant’s right to representation by a lawyer, but poverty often inhibited access to effective legal counsel. The Public Attorney’s Office, which reports to the Department of Justice, did not have the necessary resources to fulfill its constitutional mandate and used its limited resources to represent indigent defendants at trial rather than during arraignments or pretrial hearings. During pretrial hearings courts may appoint any lawyer present in the courtroom to provide on-the-spot counsel to the accused.
Sentencing decisions were not always consistent with legal guidelines, and judicial decisions sometimes appeared arbitrary.
POLITICAL PRISONERS AND DETAINEES
Under a 1945 law, the government defines political prisoners as those who may be accused of any crime against national security. Using this definition, BuCor reported 185 political prisoners in its facilities as of August. The BJMP does not track political prisoners and defines prisoners based only on security risk.
Various human rights NGOs maintained lists of incarcerated persons they considered political prisoners. The TFDP tracked political detainees, most of whom were in pretrial detention. The TFDP noted that, in the majority of cases, authorities mixed political prisoners with the general inmate population, except in the National Bilibid Prison, where they held most political prisoners in maximum-security facilities.
Two years after her arrest, during which prosecutors used a variety of legal tactics to delay arraignment, including filing new and amending previous charges, Senator Leila de Lima was arraigned in August on a charge of conspiracy to commit drug trading. An arraignment scheduled for May was postponed when prosecutors sought another opportunity to revise the charges. The opening of the trial in September was postponed when a prosecution witness recanted his testimony. De Lima’s case began in 2016 after she opened hearings into killings related to the antidrug campaign. Although in detention, de Lima had access to the media and some visitors. Her case attracted widespread domestic and international attention, with many observers denouncing the charges as politically motivated.
The government permitted regular access to political prisoners by international humanitarian organizations.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Most analysts regarded the judiciary as independent and impartial in civil matters. Complainants have access to local trial courts to seek civil damages for, or cessation of, human rights abuses. There are administrative as well as judicial remedies for civil complaints, although overburdened local courts often dismissed these cases. There were no regional human rights tribunals that could hear an appeal from the country.
The government generally respected citizens’ privacy, although leaders of communist and leftist organizations and rural-based NGOs alleged routine surveillance and harassment. Authorities routinely relied on informant systems to obtain information on terrorist suspects and for the antidrug campaign. Although the government generally respected restrictions on search and seizure within private homes, searches without warrants continued to occur. Judges generally declared evidence obtained illegally to be inadmissible.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports the government or its agents committed arbitrary or unlawful killings.
On March 4, according to British authorities, agents of Russian military intelligence spread the nerve agent Novichok on the front door of the home of former Russian military intelligence offer Sergei Skripal in Salisbury in an apparent attempt to kill him. Skripal and his daughter Yulia were hospitalized in serious condition but both ultimately survived. On June 30, Salisbury residents Dawn Sturgess and Charlie Rowley were hospitalized after accidentally coming in contact with a bottle of Novichok that the assassins had discarded. Sturgess died on July 8.
There were no reports of disappearances by or on behalf of government authorities.
The law prohibits such practices, and there were no reports that government officials employed them.
Prison and detention center conditions generally met international standards but had serious problems.
Physical Conditions: The Annual Report for 2017-18 by the chief inspector of prisons for England and Wales released on July 11 documented “some of the most disturbing prison conditions we have ever seen,” and “conditions which have no place in an advanced nation in the 21st century.” Among 39 men’s prisons, safety outcomes had declined in 14 and improved in nine.
The Urgent Notification protocol allows Her Majesty’s Chief Inspector of Prisons to alert directly the lord chancellor and secretary of state for justice if he or she has an urgent and significant concern about the performance of a prison. It was used for the first time in January with respect to Nottingham Prison. An inspection report at Liverpool Prison was considered so troubling that the parliamentary Justice Select Committee decided to carry out an investigation.
Regarding young individuals, the Annual Report notes, “For young adults aged 18-21 in young offenders’ institutions, the picture was particularly dire with 385 reporting they were unlocked for less than 2 hours each day.”
There were 291 deaths in male prisons in England and Wales in 2017-18, 33 fewer than in the previous year. These included 68 self-inflicted deaths; 165 deaths from natural causes; five apparent homicides; and 53 other deaths, 52 of which had not been classified.
Imprisonment for Public Protection (IPP) sentencing introduced in 2005 allows keeping serious offenders in prison indefinitely as long as the Parole Board believes they pose a threat to society. IPP was abolished in 2012 following a European Court of Human Rights ruling, but the abolition was not retroactive.
There are 13 publicly managed and two privately managed prisons in Scotland. The number of deaths in custody remained steady at 28 in 2017. In 2017-18 there were 94 serious prisoner-on-prisoner assaults, an increase from 74 the previous year, but minor assaults saw a slight reduction. The Scottish Prison Service has an ongoing building and refurbishment program to improve conditions. The women’s prison at Cornton Vale was a particular concern; overcrowding was a serious issue.
The Northern Ireland Prison Service Report for 2017-18 found that further measures were required to help prisoners with mental health conditions. Women do not have a separate facility from juveniles. According to the report, the ombudsperson began investigations into three deaths. Two of the deaths appeared to be suicides, with the other due to natural causes.
Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Every prison, immigration removal center, and some short-term holding facilities at airports have an independent monitoring board. Each board’s members are independent, and their role is to monitor day-to-day activity in the facility and to ensure proper standards of care and decency. Members have unrestricted access to the facility at any time and can talk to any prisoner or detainee they wish, out of sight and hearing of staff, if necessary.
In Northern Ireland, the position of prisoner ombudsman has been vacant since August 2017 due to a lack of a functioning government.
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government routinely observed these requirements.
In Scotland guidelines that came into force in May 2017 allow police to stop and search persons only when police have “reasonable grounds.”
Except in Scotland and Northern Ireland, the national police maintained internal security and reported to the Home Office. The army, under the authority of the Ministry of Defense, is responsible for external security and supports police in extreme cases. The National Crime Agency (NCA) investigates many serious crimes in England, Scotland, Wales, and Northern Ireland, and it has a mandate to deal with organized, economic, and cybercrimes as well as border policing and child protection. The NCA director general has independent operational direction and control over the NCA’s activities and is accountable to the home secretary.
By law authorities must refer to the Independent Police Complaints Commission all deaths and serious injuries during or following police contact, including road traffic fatalities involving police, fatal police shootings, deaths in or following police custody, apparent suicides in or following police custody, and other deaths to which the action or inaction of police may have contributed.
In 2017, 23 persons died in or following police custody or contact, according to the Independent Office for Police Conduct. The office also said that 17 individuals were subjected to the use of force or restraint “by the police or others” before they died, but the use of force or restraint “did not necessarily contribute to the deaths.”
Scotland’s judicial, legal, and law enforcement system is fully separate from that of the rest of the UK. Police Scotland reports to the Scottish justice minister and the state prosecutor. Police Scotland reports cross-border crime and threat information to the national UK police and responds to UK police needs in Scotland upon request.
Northern Ireland also maintains a separate police force, the Police Service of Northern Ireland (PSNI). The PSNI reports to the Northern Ireland Policing Board, a nondepartmental public body composed of members of the Northern Ireland Assembly and independent members of the community. The chair of the Independent Police Monitoring Board said in March 2018 that he is concerned about the lack of oversight for the PSNI in the continued absence of a functioning government in Northern Ireland.
The Bermuda Police Service (BPS) is responsible for internal security on the island. The BPS reports to the governor appointed by the UK but is funded by the elected government of the island.
Civilian authorities maintained effective control over the security forces, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.
Nationally there is a functioning bail system, but defendants awaiting trial judged to be flight risks, likely to commit another offense, suspected terrorists, or in certain other limited circumstances may be denied bail.
If questioned at a police station, all suspects have the right to legal representation, including counsel provided by the government if they are indigent. Police may not question suspects who request legal advice until a lawyer is present. Detainees may make telephone calls. The maximum length of pretrial detention is 182 days. The court may extend pretrial detention in exceptional cases. Suspects were not held incommunicado or under house arrest. Authorities routinely respected these rights.
In Gibraltar the Committee for the Prevention of Torture found that, while the right of access to a lawyer is adequately enshrined in law, a lawyer was only accessible at the detainee’s own expense.
In Scotland police may detain a subject for no more than 24 hours. After an initial detention period of 12 hours, a police custody officer may authorize further detention for an additional 12 hours without authorization from the court, if the officer believes it necessary. Only a judge can issue a warrant for arrest if he or she believes there is enough evidence against a suspect. A suspect must be informed immediately of allegations against him or her and be advised promptly of the charges if there is sufficient evidence to proceed. Police may not detain a person more than once for the same offense. Depending on the nature of the crime, a suspect should be released from custody if he or she is deemed not to present a risk. There is a functioning bail system.
In Bermuda a court must issue a warrant for arrest. The law permits arrests without warrant only in certain conditions. When a police officer has reasonable grounds for suspecting that any offense, that is not an arrest-able offense, has been or is being committed or attempted, they may arrest the relevant person if it appears that service of a summons is impracticable. No arrests or detentions can be made arbitrarily or secretly, and the detainee must be told the reason for his or her arrest immediately. Individuals may be detained initially for six hours, and for two further periods of up to nine hours each subject to review and justification.
There is a functioning system of bail in Bermuda. A detainee has an immediate right of access to a lawyer, either through a personal meeting or by telephone. Free legal advice is provided for detainees. Police must inform the arrestee of his or her rights to communication with a friend, family member, or other person identified by the detainee. The police superintendent may authorize incommunicado detention for serious crimes such as terrorism. House arrest and wearing an electronic monitoring device may be a condition of bail.
Formal complaints about arrests in Bermuda can be made to an independent criminal compensation board, the police complaints authority, the Human Rights Commission, or a court.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the government respected judicial independence and impartiality.
The law provides for the right to a fair and public trial, and an independent judiciary routinely enforced this right. Defendants enjoy a presumption of innocence, and the right to be informed promptly and in detail of the charges, with free interpretation as necessary from the moment charged through all appeals. Criminal proceedings must be held without undue delay and be open to the public except for cases in juvenile court or those involving public decency or security. Defendants have the right to be present at their trial. Under the Official Secrets Act, the judge may order the court closed, but sentencing must be public.
Defendants have the right to communicate with an attorney of their choice or to have one provided at public expense if unable to pay. Defendants and their lawyers have adequate time and facilities to prepare a defense and free assistance of an interpreter if necessary. Defendants have the right to confront witnesses against them, present witnesses and evidence, and not to be compelled to testify or confess guilt. Defendants have the right to appeal adverse verdicts.
In Bermuda the law requires a defendant to declare to the prosecutor and the court within 28 days of his arraignment whether he intends to give evidence at his trial. Failure to do so permits the court to direct the jury to draw inferences from the defendant’s refusal to testify.
There were no reports of political prisoners or detainees.
Nationally, nongovernmental organizations (NGOs) and groups of individuals may seek civil remedies for human rights violations and have the right to appeal to the European Court of Human Rights decisions involving alleged violations by the government of the European Convention on Human Rights.
In Bermuda the Human Rights Tribunal adjudicates complaints.
The UK complies with the goals of the 2009 Terezin Declaration and 2010 Guidelines and Best Practices. The government has laws and mechanisms in place, and NGOs and advocacy groups reported that the government made significant progress on resolution of Holocaust-era claims, including for foreign citizens.
The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.