PRA activities nu umber 3 18 80

166 Pages·2012·7.84 MB·Tagalog

The paaralegal coordiinators listing aand giving detaails on the difffeerent forms of police brutalityy

PRA activities nuumber 3
1880
PRA activities number 4
Listing and rating the reasons for torture in the police precincts

Methodology

The participants were asked to share the reasons why there is torture in the police
precincts. They were also asked why the inmates themselves where involved in the act of
torturing. They also shared the mechanisms they developed in order to avoid torture.

A group leader wrote down the answers and reported their findings. Other inmates
who are looking at the activity also shared some of their observations.

Mga dahilan ng Pananakit sa Presinto
The Reasons of torture in the police precincts

Mga Dahilan Sino ang gumagawa Gaano kadalas na dahilan Bilang
Reasons Who does the torture ng pananakit Rank
How often is this the
reason for torture
Paraan para umamin sa kaso Pulis (police) 00000 5 5
To extract confession
Katuwaan o trip 0000000 7 3
(For the sheer joy of it) Pulis at preso
a. Lowbatt (the effect of drugs is (Police and prisoner)
expiring)
b. Lasing (Drunk)
c. Walang kita (if no kick back)
Pag tiryado ng pulis Pulis (Police) 000 3 6
If an inmate earns the ire of a
police
Parusa sa pabalik-balik na nahuhuli Pulis (Police) 000 3 6
Punishment for
recidivists
Utos ng pulis Preso (Prisoner) 0000000 7 3
Command from the
police
Hindi tamang pagsagot sa pulis Pulis (Police) 00 2 7
Disrespect in answering a police
officer
Utos ng complainant Pulis at preso 000000 6 4
Command of the (Police and prisoner)
complainant
Ayaw ibigay ang gamit Pulis at preso 00000000 8 2
If an inmate does not want to give (Police and prisoner)
his things
Pumapalag sa kapwa preso Preso (Prisoner) 00 2 7
Fights with his fellow
inmates
Nahirapan sa paghuli Pulis (Police) 000000000 9 1
The police is hard up in catching
the inmate
181
Kapag kamag-anak ng pulis ang Pulis at preso 00000 5 5
complainant (Police and prisoner)
If the police is a relative of the
complainant
Para makakuha ng impormasyon Pulis at preso 0000000 6 4
(To gather information on the case) (Police and prisoner)
a. Mastermind
b. Epektos (Goods)
c. Financier
d. Kasama (accomplice)
Walang nakuhang ebidensya Pulis (Police) 00000000 7 3
If the police did not recover the
evidence

According to the paralegal coordinators, there are four reasons of torture in the police
precincts. These include:

1. Case related
a. To extract confession 5 points
b. To gather information regarding the mastermind, the
place where the goods where placed and the accomplice
to the case 6 points
Total 11 points

2. Money related
a. Command of the complaint in exchange of money 6 points
b. To get the things of the suspect 8 points
c. To recover the evidence (the police can have it afterwards) 7 points
Total 21 points
3. Personal reasons
a. Trip 7 points
b. If the suspect earns the ire of the police officer 3 points
c. The police is hard up in catching the suspect 9 points
d. If the police is a relative of the complainant 5 points
Total 24 points

4. Form of punishment
a. Punishment for recidivists 3 points
b. Disrespect in answering the police officer 3 points
Total 6 points

According to the paralegal coordinators, the number one reason for torture in the
police precincts is purely personal. This is especially true if the police had a hard time
catching up a suspect. “Pinahirapan mo ko talaga mahuli ka ha, yari ka ngayon.” This
usually happens among snatchers who had already been cornered but still try to go
around.

182
Also, there are police officers who inflict pain on those suspects of a particular
crime. For example, there are police officers who are angry with rape cases and thus
inflict pain on the man’s genitalia. There are those who are angry at snatching and thus
prick the suspects’ hands and cripple their feet.
However, the paralegal coordinators clarified that the kind of pain usually
inflicted with these reasons are minimal. It only takes a few hours.

The second most prevalent reason for exacting torture is money. At the behest of
the complainant, the police exact punishment to the suspect. This especially true among
homicide cases where the family of the victims are reeling for justice. This is made more
complicated especially if the victim of the suspect is a relative of the police officer. Also,
on other instances, the police will subject the suspects to torture so that the suspects may
be terrified. Then freedom may be dangled. The suspects may submit to settling the case.

The third reason, and which is a popular belief, is that police officers engage in
inflicting pain in order to force suspects into confessions. When suspects are tortured for
these reasons, it is expected that the procedure will last longer and be more painful.
According to the paralegal coordinators, this could last more than a week. The suspect is
brought first to a hide out and he is not released until the confession is made.

The fourth reason is torture as a form of punishment. According to the paralegals,
some police officers are punishing the inmates para sila ay magtanda or so that they may
learn. This especially happens among recidivists who had been a mainstay of the police
precinct. “Nandito ka na naman!” or “you are here again!”

Some paralegal coordinators admitted that in their stay in the precincts, they were
also a party to the torture of their fellow inmates. These were for the following reasons:
1. Trip or for the sheer joy of inflicting pain to a newly committed inmate
2. They are commanded by the police officer
3. If they are asked by the complainant of the suspect
4. If the inmates do not give their things
5. If the newly committed inmates fight back
6. If the complainant is a relative of the police
7. To gather information on the case

Inmates agree that it is a struggle to be in the police precincts. This is especially
among non-gang affiliated and bagito (first time to be committed) inmates. Like in the
city jails, there are also mayor of the cell. However, the rules are less defined in the
precincts.

For an inmate to put away himself from harm, he must affiliate with the dominant
gang in the said station. For example, if the mayor of the cell is a member of the Sputnik,
an inmate will be better off if he is also affiliated with Sputnik.

However, a mayor should not harm an inmate who is already a member of a gang,
especially a gang mate or kosa even if the police officer so commands. For a
183
nangungulungan or someone who knows jail rules, that is strictly prohibited. Should both
of them be committed in the city jail, the erring party will definitely be penalized. (This is
one of the reasons of inter-gang conflict).

In the police precincts alone, the inmates without gangs are courted to join a gang.
Promise of protection should they be transferred in the city jail is the number one come
on. Tales of rape and murders are peddled to scare the bagito and force them to join the
gang. Those who remain unaffiliated or Querna are the easy subjects of the torture in the
precincts. (See related PRA activities among members of the Pangkat)
184
The paaralegal coordiinators listing and rating the reasons for torrture in the police precincts aand determininng
who thhe perpetratorss are.

PRA activities nuumber 4
1885
PRA activities number 5
Solutions to police brutality

Methodology

After the discussions and sharings on the mechanics of torture in the police
precincts, the paralegal coordinators were asked to share their opinions on how to lessen
the incidents of abuses. They listed the answers and rated according to the level of
implementation and urgency. A group leader reported the answers and subject to
questioning by other members. Then they finalized the report.

Result:

MGA HAKBANG PARA MAIWASAN ANG MGA PANANAKIT SA PRESINTO
Proposals to prohibit abuses in the police precincts

Proposal Level of Level of urgency
implementation
Human rights representative in every precinct X Very urgent
May mga dumadalaw sa presinto na NGO’s X Very urgent
NGO visitations in every precinct
Maging mulat sa mga karapatang pantao # Urgent
Human rights awareness
Magkaroon ng agarang abogado Very urgent
Immediate presence of a lawyer
- mayaman (rich) /
- mahirap (poor) X
Malaman agad ng pamilya ang kalagayan ng nakapiit / Very urgent
Immediately inform the relatives on the conditions of
the inmates
Dapat mabantayan ng may-malasakit na tao sa kapwa sa X Urgent
24 oras
The newly arrested suspect must be guarded by a
concerned citizen for 24 hours
Ipatupad ng station commander ang mga human rights na XX Very very very urgent
bawat nakapiit
The station commander recognize the rights of the
accused
Media campaign
Legend:
X = hindi pa ginagawa (not yet done)
XX = hinding-hindi pa ginagawa ( very remote to be done)
/ = ginagawa na (it is being done)
# = nagsisimula na (it is gaining ground)

According to the paralegal coordinators, the consider it very very very urgent
that the Police station commanders should order their police officers do away with torture
among the inmates. They said that they themselves would not like to commit violence
against their fellow inmates (kasi pare-pareho tayong preso) because we are all
prisoners, but because of the orders coming form the police, they are sometimes forced to
186
do it. The paralegal coordinators said that it is within the powers of the police station
commanders to implement such. However, at the moment, they see that this is far from
implementation. (XX) “Sakit na yata yan ng police” or it is a kind of affliction to the
police, an inmate said.

The paralegal coordinators also classified the following as very urgent:

1. Human Rights representative in every precinct
2. NGO’s visitation in every precinct
3. Immediate presence of lawyer
4. Immediately inform relatives

The common theme for this urgency is that the paralegal coordinators believe that
if outsiders visit the police precincts, especially those who have authority to prohibit the
abuses like the Commission on Human Rights, then the malpractices can be reduced.
They propose that the visitations be made institutional and regular.

As it is, the paralegal coordinators believe that the visitations are not yet
implemented. Though they knew that the Commission on Human Rights does have
visitorial rights, they have not seen one. They pray that the CHR employees will visit
more often.

The lawyers of more affluent suspects can immediately make a visitation,
however, the less affluent ones cannot. Most of the inmates acquire lawyers only when
the cases are already in court. The less affluent inmates meet their lawyers for the first
time during arraignment. By that time, most inmates had already confessed to their
alleged crimes. They also underwent inquest proceedings and preliminary investigations
without a lawyer. Worse, the paralegal coordinators reported that the suspects were not
allowed to air their side during inquest proceedings. So even if they were subjected to
torture, they cannot make that appear on record.

Most of the inmates would like to file a complaint of physical abuses against the
police officers. But then, as long as they are in the police stations, they will be too afraid
to do it. When they are transferred to the Quezon City Jail and confer with their court
appointed lawyers, that will only be the time that they can muster enough courage to
reveal their ordeal. But by that time, their wounds had already healed and can no longer
produce a medical certification that shall effect the said ordeal. Also, the police officers
had already prepared to that eventuality: shortly before they tortured the suspects, the
police officers first acquire a medical certificate proclaiming that the suspect is physically
fit. That will prove that they did not do anything inimical to the interest of the suspects.

The paralegal coordinators also believe that the media has a role to play in the
prohibition of abuses in the police precincts.

One, they observed that the media had also been a party to the abuses. The media
would encourage inmates to hit other inmates, or complainants banging the heads of
187
suspects, just so to get a glimpse of “jail life.” The more violent the shootages, the more
sensationalize are the stories that they portray.

Two, the media also cast a stereotype image of the jails as places of the “patapon
ang buhay” and as havens of riots and gang wars. According to the paralegal
coordinators, this is also the reason why they are very afraid when they are committed in
the jails. It is this fear factor that eventually made them allow the abuses of their fellow
inmates and police officers. It is only when they already acquainted themselves with their
surroundings and knew the other persons in jail that they realized many of the stories
about jails are exaggeration and without basis. “Pare-pareho lang din ang aming
kalagayan at wala kaming ipinagkaiba sa kanila,” an affluent and good looking inmate
said thinking that he will be raped inside the jail. “Di nangyayari ang rape.” That never
happened.

They plead to the media practitioners that they be critical in their reporting.

188
The paralegal coordinators listing and rating of the ways to reduce the torture in the police prescints

PRA activities number 5
189