A Tragedy the OPCAT Could Have Prevented
On the 15th of March, 2005, a most unfortunate of incidents occurred which took the lives of 29 people at Camp Bagong Diwa, Taguig City, a holding facility for “high risk detainees”. Two embittered detainees tried to instigate an uprising to drumbeat the tribulations that they collectively had endured for so long. In spite of only having had gained support from around 10 other detainees to undertake the revolt, many who refused to be part of the mutiny were killed, injured and gravely mistreated during the assault by the combined elements of the police and military. In spite of having had much time and opportunity to make productive negotiations with the detainees whose demands were within reasonable bounds based on thier rights, police and military officials who handled the crisis situation opted to swiftly end the impasse with excessive use of force resulting to the deaths of many innocent detainees. The following were the demands presented by the detainees who had led the siege according to the individuals and groups that examined the aftermath of the tragedy.
It is concluded by many independent individuals and groups focused on the incident that the siege was a staged rubout to silence detainees who knew about the involvement of high ranking police and military officers in the activities of the Abu Sayaff, a notorious kidnap for ransom group in the Philippines. The main factor that conditioned a precarious setup leading to the siege (and its possible utilization of state actors for sinister means) was not the need of any detainee to escape his responsibility to face trial. It was the horrid conditions in this detention facility such as the absence of potable water, cramped conditions, ill-prepared meals, lack of medical services, and to mention not the least the unjust delay of trials, that solicited support for the Bicutan cordon amongst the detainees. This action was only meant to manifest their tribulations and demands to end the subhuman conditions and practices at the facility. It is precisely these rights that the Optional Protocol to the Convention against Torture seeks to uphold by nurturing a system of constructive exchanges between State parties and the UN and together improving the inadequate systems that cause such problems. With such dialogues and institutions opened up to public scrutiny, such horrid abuse by state actors can be evaded. Unfortunately as in the case of acts of torture, the prosecution of the more horrid act of state sponsored killings is an exception rather than the rule. Whether the crisis was brought about by a faulty system, a ghastly plot, the indifference of some of our government officials, or a combination of all, every good means to develop an ailing reformatory system should be met with open arms. The OPCAT presents itself as a tool well suited to bring integrity to the structure of the reformatory system by helping enable it to eventually pursue justice in a restorative way. The OPCAT, as an instrument that prevents torture and other cruel, inhuman or degrading treatment or punishment is just what the Filipino people need to start building a secure and humane reformatory system, a corner of Philippine society that has long been forgotten and neglected. Let us hope that the Philippine government makes good on its pledge to endorse the OPCAT and eventually ratify it. We as members of civil society hope the Philippines does justice to its new found privilege as a decision maker in the new United Nations Human Rights Council (UNHRC) by putting in place good human rights instruments in its territory and making sure that they are truly implemented.
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