Introduction

The International Covenant on Civil and Political Rights (ICCPR) is a key international human rights treaty,
providing a range of protections for civil and political rights. The ICCPR, Universal Declaration of Human
Rights (UDHR) and the International Covenant on Economic Social and Cultural Rights (ICESCR) are
recognized as the International Bill of Human Rights. The ICCPR obliges countries that have ratified the
treaty to protect and preserve basic human rights, such as: the right to life and human dignity; equality
before the law; freedom of speech, assembly, and association; religious freedom and privacy; freedom
from torture, ill-treatment, and arbitrary detention; gender equality; the right to a fair trial, and;
minority rights. As of October 23, 1986, the Philippines is one of the countries that have ratified the
Covenant.

This shadow report focuses mainly on the present state of observance, implementation and violations of
Articles 6, 7, 9 & 10 of the ICCPR in the Philippines.

Violations of the Articles of the International Covenant on Civil and Political Rights

Article 6: Inherent right to life

Article 6 of the Covenant recognizes the individual's "inherent right to life" and requires it to be
protected by law. It is a "supreme right" from which no derogation can be permitted, and must be
interpreted widely.

The Philippine government abolished the death penalty under Article III, Section 19 of the 1987
constitution. It was reimposed in 1993 as a crime control measure, but abolition was reinstated in
2006. A house bill which would reinstate death penalty for heinous crimes, including murder, piracy and
trafficking and possession of illegal drugs is now up for vote. The Philippines is also a party to the Second
Optional Protocol of the ICCPR on the abolishment of the death penalty and reinstating the death
penalty would violate the Philippines international legal obligations. The Second Optional Protocol to
the ICCPR states that no one within the jurisdiction of a State Party to the present Protocol shall be
executed and that each State Party shall take all necessary measures to abolish the death penalty
within its jurisdiction.

An extrajudicial killing is the killing of a person by governmental authorities without the sanction of any
judicial proceeding or legal process. A recent report by international human rights watchdog Front Line
Defenders said President Rodrigo Duterte "normalized the act of extrajudicial killing in his war on drugs"
a campaign which has already seen over 6,200 deaths in the Philippines in the last 6 months. The latest
police tally given to Agence France-Presse (AFP) on Friday showed there were 4,076 murder cases
under investigation on February 13.1

1 Agence France-Presse. (2017, February 17). Killings continue amid suspension of drug war
Amnesty Intl PH. Philippine Daily Inquirer. Retrieved February 17, 2017.
Article 7: Prohibition of torture or cruel, inhuman or degrading treatment or punishment

Despite the signing of RA No. 9745, commonly known as the Anti-Torture Act of 2009, there has been
many cases wherein it is violated. Jerryme Corre was a bus driver who has spent more than four years in
prison while under trial on trumped-up charges against him, after suffering horrific torture at the hands
of the police. However, the police officer was convicted on March 29, 2016. Another instance is when ten
Philippine National Police officers have been sacked following revelations they played a so-called wheel
of torture game at a secret detention facility to extract information from criminal suspects.

In the Philippines, despite of the safeguards in the constitution, the practice of torture and ill-treatment
are still continued. Despite of the safeguards against violence and unnecessary force, authorities still use
such techniques to assert authority, instill fear, inflict immediate punishment, disorient and coerce. The
air of impunity for torturers in endemic: evidences are covered up, victims are denied access to
remedies, investigations are ineffective, complicity of fellow officers are rampant, the legal framework
for punishing torture is inadequte, judicial rulings are flouted, impunity is sometimes enshrined in law
and there are no sure mechanisms to ensure accountability. Suspects are subjected to torture to extract
confessions or admissions that will be used against them.

Overcrowded prisons are also a significant problem throughout the country as the living area for one
prisoner in many cells is less than one square meter. Anti-sanitary condition of prison cells and toilets,
lack of beds for prisoners and small number of medical personnel leads to lack of medical care are also
the main drawbacks observed.

Articles 9 & 10: Right to liberty and security of person; Right to be treated with humanity and with
respect for the inherent dignity of the human person

Incidents of arrest and arbitrary detention of innocent civilians by the police for purpose of extortion are
still rampant in the country. KARAPATAN, an alliance of individuals, groups and organizations working for
the promotion and protection of human rights in the Philippines, condemned the series of arbitrary
arrest and illegal detention of civilians over the years. Filipinos are unlawfully arrested and detained and
not informed of the charges against them. Due process is not practiced in these cases, thus clearly
showing violations of human rights.

The governments counter-insurgency campaign has also caused the civilians fear and panic. Antonio
Flores, Secretary General of the Kilusang Magbubukid ng Pilipinas, said that When the military cant go
after the NPA in the hinterlands, they go after farmers and rural folks in the countryside. No charges are
being filed against them but they were detained for days, even weeks, and finally released and labeled as
a case of mistaken identities.

Recommendations

In light of the above information, we respectfully suggest that the Commission on Human Rights urge the
state to take the following measures:
 Design and implement literacy campaigns for all Filipinos in line with efforts for information and
awareness of all human rights. Similarly, local government units and police force should be
trained to better protect the citizens.

Enforce strict implementation and adherence to not only the International Covenant on Civil and
Political Rights and other international conventions but also to our Bill of Rights.

Practice due process in all cases as provided for by the Philippine Constitution.

Amend and define serious crimes punishable by the death penalty.

Strengthen the Human Rights Protection program to cover the entire complaints and case
management process from documentation, investigation, resolution, referral, and case
monitoring.