A Privilege Speech delivered by Hon. Cinchona Cruz-Gonzales on March 3, 2008           

Madame, Speaker, I rise on a question of personal and collective privilege of the plight of women detainees in our country. 

While the entire country is currently embroiled in a political turmoil, it is quite disconcerting to note that women’s welfare in our detention centers continues to be neglected and overlooked by our government. Despite the leadership of two female presidents in our country, former President Corazon Aquino and incumbent president Gloria Macapagal Arroyo, no significant change has ever been made by them to address the deplorable situation of their fellow women who languish in jail and under the abusive hands of some authorities. This only shows that improving the plight of women is not solely the concern of their fellow women, but this is both a national and international pressing issue considering that we have an increasing number of OFWs who venture to greater opportunities and risks in other countries.  

Female detainees represent a small but a growing number with particular needs that warrant particular attention.  Their status, specifically age profile has implications for women’s health and well-being. The most common age groups are those where women are likely to have become mothers and often carers of young children.

Issues of reproductive health, sexuality and parenting are particularly relevant. There are smaller but significant numbers of women of different life cycles with diverse health issues, for example menopause and hormonal changes. Psychological and emotional difficulties associated with institutional adjustment, social isolation, and vulnerability to victimisation and difficulty with adapting to the prison’s physical environment.         

On-site medical services related to reproductive health to female detainees are imperative. Access to healthcare is limited and there are instances where women are being held in unsanitary conditions. There are jails where women do not have access to specialists, such as gynecologists. Insufficient support is being given to pregnant women and breastfeeding mothers.   

The situation of women detainees does not vary throughout the world. Lack of facilities for women and healthcare are just some of the problems confronted by women detainees. The abuses perpetrated by corrections officials are the most pervasive and horrifying tales besetting women in custody 

Physical captivity in any form – where the power between the captive and the captor is unequal as in police and penal custody –increases the risk for abuse of power and torture. The dominant presence of male prison officials increases the risk for sexual abuse and coercion of female prisoners. 

So does housing of females in male prison facilities. Gender-torture forms in custody documented in the latest report of the Special Rapporteur on Violence against Women are: rape, threat of rape (perpetrated against women detainees by male guards or by inmates at the instigation or consent of the guards). (Albania 1994, Bahrain 1996, Bangladesh 1997, Tunisia 1995,Turkey 1997). Other forms are forced impregnation and forced maternity ( Bosnia ) by soldiers and militias. Virginity testing and defloration ( Iran , Turkey ) by police and prison doctors. These examples are only indicative and not exhaustive.  Apparently, the lack of detailed regulations has led to abuse of power, such as prolonged detention and incidents where suspects reportedly committed suicide during detention 

Tools of torment  

A January 1986 report by the Commission of the Churches on International Affairs, World Council of Churches, in Geneva, Switzerland (Background Information on Human-Rights Violations in the Philippines), listed the common methods of torture practiced in the Philippines:  

1. The “ashtray”—Burning the skin, usually the face, neck and abdomen, with cigarette butts.
2. Pulling off fingernails—Sometimes the finger is afterward dipped in acidic solution.
3. The pompyang (cymbals), known in other countries as el telefono or golpes de campaña—Slapping of both ears simultaneously, often rupturing the eardrums if done repeatedly or with great force.
4. The water cure, also known as “Nawasa” (the former acronym of the waterworks system)—Pouring gallons of water into the victim’s mouth and nostrils, inducing a feeling of drowning. Sometimes the torturer covers the victim’s face with a piece of cloth or a towel and uses muddy water. Other times, he uses carbonated drinks instead of water.
5. “Wet submarine”—Submerging the victim’s head in water or in a soiled toilet bowl. The effect is similar to the water cure.
6. “Dry submarine”—Covering the victim’s head with a plastic or cellophane bag, causing suffocation.
7. Electric shock, also known as “Meralco” (the electric service company)—Applying to the victim’s body, usually the genitals, electric prods or wire attached to ordinary household current.
8. Russian roulette—Spinning the cylinder of a revolver loaded with a single bullet, usually a dud, and pulling the trigger the moment it stops.
9. Solitary confinement—Isolating the prisoner in a cell, usually cramped and poorly ventilated. Social contact even with fellow inmates is forbidden. Some detainees were in extremely prolonged military detention.
10. Psychological or mental torture—This is said to be one of the worst forms of torture. The victim is told that if he does not cooperate with the torturers, harm will come to his family, for example his wife will be raped or the children killed. Psychological pressure may also involve convincing detainees that they have already been abandoned by their family or have been implicated by their friends.
11. Rape and sexual abuse in the treatment of women detainees. Between 1995 and 2000

Amnesty International received reports of more than 30 incidents of rape or other sexual abuse of women or girls in custody. The organization fears that this figure represents only a fraction of the real number of cases. Women in police custody have also reported being subjected to other forms of torture or ill-treatment, including threats, slaps, punches, kicks and sexual assault, such as the groping of breasts. Women detained in provincial, municipal and city jails are also vulnerable to rape or sexualviolence.           

In 2001, the Commission on Human Rights issued a human rights advisory is addressed to all government authorities and agencies concerned, especially the Department of Justice (DOJ), the Bureau of Corrections (BUCOR), the Bureau of Jail Management and Penology (BJMP), the Philippine National Police (PNP), and the Armed Forces of the Philippines (AFP) to protect the human rights of women in custody.

According to the Commission on Human Rights, rape of women detainees by police officers, jail guards or military officials always constitutes torture. It is both a physical violation and injury as well as a humiliating assault on a woman's mental and emotional integrity. In addition, rape is always associated with the risk of sexually transmitted diseases, particularly Human Immunodeficiency Virus (HIV). Women who become pregnant as a result of rape in custody face a further set of serious problems. A common accompaniment to rape, whether in custody or in the community, is the perpetrator's threat of additional violence if the victim tells anyone of the assault. Other forms of sexual abuse by law enforcement officials, including the threat of rape, verbal sexual abuse and mocking, designed to degrade and humiliate, may also constitute torture or other forms of cruel, inhuman and degrading treatment.  Most complaints from many female inmates dwelt on the act of corrections officers threatened both their lives and those of their families by using personal information obtained from prison files, to exert mental harassment and pressure on the inmates. Such allegations support the need for independent grievance procedures.

The Commission on Human Rights revealed that most of the victims belong to the socially disadvantaged groups, including suspected prostitutes, street children, drug addicts and the poor. Often, they were arrested for minor crimes, such as petty theft or on suspicion of violating anti-vagrancy laws. Usually, in majority of the arrests incidents, the police apprehended the suspects without a warrant of arrest.  

The passage of anti-vagrancy law has been used as a pretext for arbitrary arrest and detention of women, who have subsequently complained of rape, sexual abuse and other ill treatment by police officers. Women as sex workers are among the most marginalized and discriminated group in Philippine society. They are particularly very vulnerable to human rights violations because of their low status.  By virtue of its constitutional function "to monitor the Philippine Government's compliance with international Rights finds the aforesaid reports as violations of the following:  

1. Article 7 of the International Covenant on Civil and Political Rights provides that: "No one hall be subjected to torture or to cruel, inhuman or degrading treatment or punishment".
2. Article 10, par. 1, of the same Covenant also provides, thus: "All persons deprived of their liberty shall be treated with humanity and with respect for the inherent right of the human person."
3. Principle 6 of the Body of Principles for the Protection of all Persons under Any Form of Detention or Imprisonment provides that: "No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment.
4. Rule 53 (1 to 3) of the UN Standard Minimum Rules for the Treatment of Prisoners provide that where men and women are detained in the same institution, the area set aside for women should be "under the authority of a responsible woman officer who shall have the custody of the keys of all that part of the institution." No male members of the staff shall enter the part of the institution set aside for women unless accompanied by a woman officer. Female prisoners should be attended to and supervised only by female officers and male staff such as doctors who provide professional services should always be accompanied by female officers.

1. Improve prison condition
2. Ensure that female security personnel are present during the interrogation of women detainees.
3. Ensure that female detainees are always held separately from male detainees.
4. There should be no contact between male guards and female detainees without the presence of female guards.
5. All complainants of rape, sexual abuse or torture committed by state officials must be instigated promptly and independently. A medical examination by a female doctor should be provided immediately for any woman in custody who alleges she has been raped.
6. Take effective steps to protect women detainees who report rape or sexual harassment from threats, reprisals or any other form of intimidation.
7. Police, military and prison personnel should receive adequate training on standards for the protection of women's rights, and how to respect and enforce them properly.
8. Recruit an adequate number of women police officers to specialize in cases of violence against women.

The Public Attorney’s Office (PAO) has an on-going Nationwide Legal and Medical Jail Decongestion Program where they were able to visit women detainees and inmates in various jails and other detention centers. Among others, they have visited the Correctional Institution for Women (CIW) in Mandaluyong City on May 15, 2007 and the Female Dorm in Camp Caringal , Quezon City on August 1, 2007 .

Detainees/inmates were extended legal, medical and dental assistance, reading glasses were distributed and a number of them were released through the assistance of PAO. At the end of year 2007, there were about 490,331 detainees/inmates who directly benefited from the program. Records submitted to us by PAO reveal that it has a total of 79,050 cases involving women and has a total of 39,965 cases at the end of the year. It will be noted as well that PAO was able to terminate 39, 085 cases, out of 25, 910 cases or about 66% were terminated with favorable verdict. 

Aside from the decongestion program, PAO, through the support of the United Nations Children’s Fund (UNICEF) has been conducting series of trainings and seminars to its lawyers nationwide on pertinent laws relating to women and children in order to keep them abreast of the latest development in laws. 

This representation commends the PAO for their earnest efforts in alleviating the chronic jail problems. As PAO have shown in their data, the number of inmates in correlation with the capacity of the jails is obviously disproportionate. Hence, the predicament of women lies in the cramped situation inside their detention centers and the urgent need of improving their condition truly conducive for their reformation.

So far, the programs of PAO have only been confined in most parts of Luzon and in only one city in Mindanao-- Cagayan de Oro, as the beneficiary.  On the other hand, the Bureau of Jail Management and Penology reported that as of November 2007, the nationwide population of men in jail is 51,535 and 5,535 are women.  A Bureau of Jail Management and Penology official revealed confidential information that women by their biological and physiological make-up cannot endure long incarceration. They have more attachments to their families and with more domestic responsibilities. Women commit crimes “on the spur of the moment” or motivated by their desire to survive and for the welfare of their family. Their dire financial status compels them to suffer the consequences of incarceration. Whereas, male inmates can endure long incarceration as they enjoy more privileges than their women counterparts. Once male inmates become what they call “colonists” they are entitled to the following privileges: 

1.          Conjugal visits;

2.          Subject to the approval of the Director, to have his wife and children or the woman he desires to marry, live with him in the prison or penal farm. Transportation expenses of the family going to and from the jail and even when the said colonist from the penal farm shall be for the account of the government. The family of the colonist may avail of all jails facilities free of charge;

3.          As a special reward to a deserving colonist, the issuance of a reasonable amount provision of clothing and ordinary household expenses from the government commissary in addition to free subsistence.  

The government does not even provide supplies such as soap and sanitary napkins for destitute women inmates for their hygienic care while these colonists continue to benefit from government funds without any clear basis in law or any rules and regulations for that matter. 

From the preceding revelations alone, we can easily deduce that the abuse by corrections officers can also arise from inequality of treatment between male and female inmates and the discrimination against women detainees only illustrates the low regard of the society to them. Preference is given to male inmates despite the reported rampant prostitution and gambling in the male detention cells.  

We in the CIBAC part list strongly submit that we could help by devoting our time and effort or better yet even a portion of our funds for initiating projects to help obviate the abuses being suffered by women in custody. Nothing less than an utmost concern for the welfare of the women and the future of their children is in tall order to arrest any miserable condition brought about by their continued detention. Our government should create a humane environment for the inmates to prepare and rehabilitate them for a better life upon eventual discharged from confinement. 

My dear colleagues, for a woman, her worst nightmare would be sexual abuse and discrimination from her arresting officers and the government officials who are supposed to protect them while they are deprived of their freedom in an adverse condition where they are most vulnerable and defenseless. 

Thank you, Madame Speaker.