CHAPTER 7

RIGHTS AND PRIVILEGES OF INMATES

"For I testify that they gave as much as they were able, and even beyond their ability.
Entirely on their own, they urgently pleaded with us for the privilege of sharing in this service to
the saints."
2 Corinthians 8:3-4

MEANING OF RIGHTS AND PRIVILEGES

Right is the power which a person has to demand from another a prestation or the
power to do or not to do, or to demand something. Every well-grounded claim on others is
called a right, and, since the social character of a man gives the element of mutuality to each
claim, every right conveys along with it the idea of obligation. (Albano and Albano 37 and 128)
Privilege means a right or immunity granted as a peculiar benefit, advantage or favor; a
right not enjoyed by all (Moreno 740). It is a special right or power conferred on or possessed
by one or more individuals, in derogation of the general rights."

CLASSES OF RIGHTS
The rights that a citizen of a democratic state enjoys may be classified into:
a. Natural Rights-rights possessed by every citizen without being granted by the State for they
are given to man by God as a human being created to His image so that he may live a happy
life.
b. Constitutional Rights - rights, which are conferred and protected by the constitution.
c. Statutory Rights - rights, which are provided by laws, promulgated by the law-making body
and, consequently, may be abolished by the same body.

HUMAN RIGHTS
There is no constitutional or statutory definition of human rights. Human rights are the
basic rights, which inhere in man by virtue of his humanity. Human rights are the basic rights
and freedoms that all persons are entitled to regardless of sex, ethnic origin, race, religion,
nationality, language, or other status.
Human rights can be classified and organized in a number of different ways; at an
international level the most common categorization of human rights has been to split them into
civil and political rights and economic, social, and cultural rights.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is the primary international
articulation of the fundamental and inalienable rights of all members of the human family.
Adopted by the United Nations General Assembly on December 10, 1948 at Palais de Chaillot,
Paris, the UDHR represents the first comprehensive agreement among nations as to the specific
rights and freedoms of all human beings. The Declaration arose directly from the experience of
the Second World War and represents the first global expression of rights to which all human
beings are inherently entitled. It consists of 30 articles which have been elaborated in
subsequent international treaties, regional human rights instruments, national constitutions,
and laws.
The International Bill of Human Rights consists of the Universal Declaration of Human
Rights, the International Covenant on Economic, Social and Cultural Rights, and the
International Covenant on Civil and Political Rights and its two Optional Protocols. In 1966, the
General Assembly adopted the two detailed Covenants, which complete the International Bill of
Human Rights; and in 1976, after the Covenants had been ratified by a sufficient number of
member nations, the Bill took on the force of international law.
The UDHR asserts, "All human beings are free and equal in dignity and rights" and are
"entitled to equality before the law and protection of the law." Equal access to legal remedy
should be ensured, regardless of ethnicity, religion, gender, or socioeconomic class.

UNIVERSAL HUMAN RIGHTS OF A PERSON

The following are the 30 human rights that all persons have. These rights must be
respected at all times anywhere in the world (thus universal):
1. All human beings are born free and equal in dignity and rights.
2. Everyone is entitled to rights and freedoms without distinction of any kind, such as race,
colour, sex, language, religion, political affiliation or opinion, national or social origin,
property, birth, or any other status.
3. Everyone has the right to life, liberty, security of person.
4. No one shall be subjected be held in slavery or servitude; slavery and the slave trades shall
be prohibited in all their forms.
5. No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or
punishment.
6. Everyone has the right to recognition everywhere as a person before the law.
7. All are equal before the law and are entitled without any discrimination to equal protection
of the law.
8. Everyone has the right to an effective remedy by the competent national court for acts
violating fundamentals rights granted him by the constitution or by law.
9. No one shall be subjected to arbitrary arrest, detention, or exile.
10. Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial court, in the determination of his rights and obligations and of any Criminal charge
against him.
11. Everyone charged with a penal offense has the right to be presumed innocent until proved
guilty.
12. No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, or to attacks upon one's honour and reputation.
13. Everyone has the right to freedom of movement and residence within the borders of each
State.
14. Everyone has the right to seek and enjoy in other countries asylum rom persecution.
15. Everyone has the right to a nationality.
16. Men and women of full age, without any limitation due to race, nationality, or religion, have
the right to marry and to have a family.
17. Everyone has the right to own property alone as well as in association with others. No one
shall be arbitrarily deprived of his property.
18. Everyone has the right to freedom of thought, conscience, and religion.
19. Everyone has the right to freedom of opinion and expression.
20. Everyone has the right to freedom of peaceful assembly and association. No one may be
compelled to belong to an association.
21. Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives. The will of the people shall be the basis of the authority of
government.
22. Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international cooperation and in accordance with
the organization and resources of each State, of the economic, social, and cultural rights
indispensable for his dignity and the free development of his personality.
23. Everyone has the right to work, to free choice of development, to just and favourable
conditions of work, and to protection against unemployment.
24. Everyone has the right to rest and leisure, including reasonable limitation of working hours
and periodic holidays with pay.
25. Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing, and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstance beyond his control.
26. Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory.
27. Everyone has the right freely to participate in the cultural life of the community, to enjoy
the arts, and to share in scientific advancement and its benefits.
28. Everyone is entitled to a social and international order.
29. Everyone has duties to the community in which alone the free and full development of his
personality is possible. In the exercise of his rights and freedoms, everyone shall be subject
only to such limitations as are determined by law solely for the purpose of securing due
 recognition and respect for the rights and freedoms of others and of meeting the just
requirements of morality, public order, and the general welfare in a democratic society.
30. No State, group, or person must engage in any activity or perform any act aimed at the
destruction of any of the universally recognized rights and freedoms.

THE MULTILATERAL CONVENTIONS ON HUMAN RIGHTS

The Multilateral Conventions on Human Rights adopted under the direct auspices of the
United Nations are as follows:
1. International Covenant on Civil and Political Rights- the ICCPR is a United Nations treaty
based on the Universal Declaration of Human Rights, created in 1966 and entered into force
on March 23, 1976. Civil and political rights are enshrined in Articles 3 to 21 of the Universal
Declaration of Human Rights (UDHR) and the ICCPR. Nations that have signed this treaty are
bound by it.
2. International Covenant on Economic, Social and Cultural Rights - The ICESCR is a
multilateral treaty adopted by the United Nations General Assembly on December 16, 1966,
and in force from January 3, 1976. Economic, social and cultural rights are enshrined in
Articles 22 to 28 of the UDHR and in ICESCR. It commits State parties to work toward the
granting of economic, social, and cultural rights to individuals. Each party to the covenant
undertook to implement and allocate the "maximum of its available resources" to the "full
realization of the rights" recognized in the agreement.
3. Convention against Torture and Other Cruel, Inhuman, Degrading Treatment or
Punishment – This is an international human rights instrument, under the purview of the
United Nations that aims to prevent torture around the world. The convention advises
states to take effective measures to prevent torture within their borders, and forbids states
to return people to their home country if there is reason to believe they will be tortured.
The Committee against Torture (CAT) is a body of human rights experts that monitors
implementation of the convention by State parties. The Committee is one of seven UN-
linked rights treaty bodies.
4. Convention on the Rights of the Child - The United Nations Convention on the Rights of the
Child, often referred to as CRC or UNCRC, is an international Convention setting out the civil,
political, economic, social, and cultural rights of children. Nations that ratify this
international convention are bound by international law. Compliance is monitored by the
UN Committee on the Rights of the Child which is composed of members from countries
around the world. Once a year, the Committee submits a report to the Third Committee of
the UN General Assembly, which also hears a statement from the CRC Chair, and the
Assembly adopts a Resolution on the Rights of the Child.
5. Convention on the Elimination of all Forms of Discrimination against Women - The United
Nations Adopted and opened for signature, ratification and accession this Convention on 18
December 1979 and was entered into Force on 3 September 1981. The States Parties
condemn discrimination against women in all its forms, agree to pursue by all appropriate
means and without delay a policy of eliminating discrimination against women. The term
"Discrimination against Women" under the Convention shall mean any distinction,
exclusion or restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of
their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field.
6. Convention Against Torture and other Cruel, Inhuman Or Degrading Treatment or
Punishment- Opened for signature on 4 February 1985 at United Nations Headquarters in
New York and was entered into force on 26 June 1987. The Convention mandates every
State Party to take effective legislative, administrative, judicial or other measures to prevent
acts of torture in any territory under its jurisdiction. For the purposes of this Convention,
torture means any act by which severe pan or suffering, Whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third person has committed or
is suspected of having committed, or intimidating or coercing him or a third person, or for
any reason based on discrimination of any kind, when such pain or suffering is inflicted by or
at the instigation of or with the consent or acquiescence of a public official or other person
 acting in an official capacity. It does not include pain or suffering arising only from, inherent
in or incidental to lawful sanctions.
7. International Convention on the Elimination of all Forms of Racial Discrimination- the
Convention was adopted and opened for Signature and ratification by United Nations
General Assembly on 21 December 1965 and entered into force on January 4, 1969. The
convention provides that, States Parties condemn racial discrimination and undertake to
pursue by all appropriate means and without delay a policy of eliminating racial
discrimination in all its forms and promoting understanding among all races. The term
"Racial Discrimination" under the Convention shall mean any distinction, exclusion,
restriction or preference based on race, colour, descent, or national or ethnic origin which
has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise,
on an equal footing, of human rights and fundamental freedoms in the political, economic,
social cultural or any other field of public life.
8. Convention (No. 105) concerning the abolition of forced Labour- This was adopted on 25
June 1957 by the General Conference of the International Labour Organization at its fortieth
session and was enter into force on 17 January 1959. Under the Convention, each member
of the International Labour Organization which ratifies this convention undertakes to
suppress and not to make use of any form of forced or compulsory labour:
a. As a means of political coercion or education or as punishment for holding or
expressing political views or views ideologically opposed to the established political,
social or economic system;
b. As a method of mobilizing and using labour for purposes of economic development;
c. As a means of labour discipline;
d. As a punishment for having participated in strikes;
e. As means of racial, social, national or religious discrimination.
HUMAN RIGHTS OF INMATES
The state is under obligation to respect, protect and fulfil human right. The Philippine is
a state party to many, if not most, of the international human rights instruments. These include
the following, which are related to the rights of prisoners and inmates:
1. Body of Principles for the protection of all person under any form of detention or
imprisonment (1988)
2. Convention Against torture and other cruel, inhuman or degrading treatment or
punishment (1987)
3. UN Economic and social council approved procedures for the effective implementation
of the standard minimum rules for the treatment of prisoners (1984).
The UN rules, containing 95 provisions that range from separation of inmate
categories to medical services to education and recreation, sought to set out “what is
generally accepted as being good principle and practice in the treatment of prisoners
and the management of institutions’/ the Council acknowledges, however, that the
application of the UN rules may vary depending on the legal, social, economic and
geographical condition of each country.
4. Declaration on the Protection of all persons from being subjected to torture and other
cruel, inhuman or degrading treatment or punishment (1975)
5. The standard minimum rules for the treatment of prisoners (1955)
This was adopted o August 30, 1955 by the UN Congress on the Prevention of
Crime and the treatment of the offenders, held at Geneva, and approved by the
Economic and Social Council in resolutions of July 31, 1957 and May 13, 1977. Although
not legally binding, the standards provide guidelines for international and domestic law
as regards person held in prisons and other forms of custody.

FOUR DIFFERENT CATEGORIES OF INMATES’ RIGHTS

The right of the inmates are divided into four categories. They are as follows:
1. Inmates’ right to physical security and the minimum conditions necessary to sustain life;
2. The civil right of those in prison, which has received greater attention;
 3. The protection of inmates’ access to court to challenge the legality of their criminal
conviction; and
4. Giving the prisoners the benefit of reasonable standards and procedure protections
when decisions are made have a significant effect on them.

PRISONER’S RIGHT IN GENERAL

These are some of the prisoners and detainees rights to be provided and observed by
jails and penal institutions:
1. Right to be protected by authorities in the case of assault or rape.
2. Right to medical treatment
3. Right to freedom of expression, reading materials and communication
4. Right to express concern with the prison’s standard of living
5. Right to a court of law with regards to prison authorities
6. Right to freedom of religion
7. Right to access to a court of law
8. Right to drink safe water
9. Right to food and clothing
10. Right to equal and fair treatment
11. Conjugal visitation
12. Increasing wages for workers who are employed within prisons

WHO ARE THE PRISONERS OF WAR

Prisoners of wars (POWs) are individuals incarcerated in relation to wars. He or she can
be a member of the civilian population or a captured soldier.

The following are considered POWs:

1. Members of the armed forces, as well as members of militias or volunteer corps forming
part of such armed forces;
 2. Members of other militias or volunteer groups, including those of organized resistance
movements, subject to compliance with certain conditions;
3. Members of regular armed forces professing allegiance to a government or an authority
not recognized by the capturing State;
4. Various categories of persons accompanying an army unit, such as civilian members of
military aircraft crew and war correspondents, provided they are authorized to be with
the army or unit;
5. Members of the crew of merchant vessels and civilian aircraft who do not benefit by
more favourable treatment under any other provisions of internal law; or
6. Members of the population of non-occupied territory who take up arms as a levee en
masse against an invading army.

RIGHTS OF PRISONERS OF WARS

The following are the rights of POW:

1. To be treated humanely;
2. Not subject to torture;
3. Allow to communicate with their families;
4. Receive food, clothes, religious articles, medicine;
5. Bare minimum of information;
6. Keep personal belongings;
7. Proper burial;
8. Group according to nationality;
9. Establishment of an informed bureau; and
10. Repatriation for sick and wounded.

GENERAL VIOLATION OF PRISONER’S RIGHT

The movement for prisoner’s rights is based on the principle that prisoners, even though
they are deprived of liberty, are still entitled to basic human rights. Advocates for prisoner’s
rights argue that the prisoners are often deprived of very basic human rights, with the
cooperation of the prison authorities. Alleged violation often include:

1. Prison authorities turning a blind eye to assault or rape of prisoners, failing to take
sufficient steps to protect prisoners from assault or rape, or even allegedly arranging for
prisoners to be assaulted or raped by other inmates as a form of punishment.
2. Providing insufficient treatment for serious medical conditions.
3. Refusing freedom of expression, to read materials, and communicate (particularly in
cases for foreign languages in prisons).
4. Punishing prisoners who raise complaints about bad conditions.
5. Taking away prisoners’ right to sue prison officials or governments for maltreatment or
to receive compensation for injuries caused by the negligence of prison authorities.
6. Depriving inmates of freedom of religion.
7. Blockading inmate’s rights to legal materials and access to the courts.
8. Not properly feeding and clothing the prisoner.

INCIDENTS RELATING TO HUMAN RIGHTS VIOLATIONS

Here are examples of specific incidents relating to human rights violations:

1. The prisoners being detained at Guantanamo Prison- Three detainees in this prison
located in Cuba committed suicide in 2010. They were from Yemen and Saudi Arabia.
They were found hanging in their cells, using clothes and sheets to hang themselves.
Before they committed suicide, they were in a hunger strike. It is not known what the
reason for their detention and they were never formally charged, a clear violation of
human rights.
2. The case of Slobodan Milosevic, former President of the Federal Republic of Yugoslavia-
He was the key figure in the Yugoslavia war. He was charged before the UN-backed
international tribunal for crimes against humanity, violations of human rights in Kosovo,
Bosnia, and Croatia and grave breaches of the Geneva Conventions. However, he died
during incarceration.
 3. Charles Taylor, Former President of Liberia- He was charged of war crimes and grave
abuses of human rights. He was granted asylum in Nigeria in order to end the 14 years
of war in Liberia that killed a quarter of million people. The new President of Liberia
requested his extradition to face trial in Liberia and the President of Nigeria is under
pressure to grant the request.
4. Radovan Karadzic of former Yugoslavia- He faces 11 charges at the Hague tribunal for
the crime of genocide and conspiracy to commit genocide. He was charged for
masterminding the 1995 slaughter of 8,000 Muslim men and boys in Srebrenica,
regarded as Europe’s worst massacre since World War II.
5. Aung San Suu Kyi of Myanmar- She was elected in 1990 Prime minister in Myanmar but
was prevented by the ruling military to assume office. She had, however, already
detained under house arrest until her release about 20 years after, clearly a violation of
her human rights.
6. Omar Hasan Ahmad al-Bashir, President of Sudan- He was charged of the crime of
genocide, war crimes, and crime against humanity. The Prosecutor of the International
Criminal court after clearing it with the court of The Hague obtained a warrant for his
arrest but failed to serve it.
7. The extra-judicial killings of media people and political adversaries as well as the
disappearance of many of them in the Philippines.
8. The gruesome massacre of supporters of politician and members of media in Ampatuan,
Maguindanao in November 23, 2009.

HUMAN RIGHTS IN THE PHILIPPINES

Bill of rights

A bill of rights may be defined as a declaration and enumeration of the person’s rights
and privileges, which the Constitution is designated to protect against violations by the
government, or by an individual or groups of individuals. It is a charter of liberties for the
individual and a limitation upon the power of the State (De Leon 70).

CLASSIFICATIONS OF CONSTITUTIONAL RIGHTS

 The classification of constitutional rights under the 1987 Philippine Constitution
are as follows:

1. Political rights- rights of the citizen which give them the power to participate, directly or
indirectly, in the establishment or administration of the government.
2. Civil rights- right which the law will enforce at the instance of private individuals for the
purpose of securing to them the enjoyment of their means of happiness.
3. Social, economic and cultural rights- those rights which are intended to insure the well-
being and economic security of the individual.
4. Right of the accused- those rights intended for the protection of a person accused of
any crime. (De Leon 71)

Constitutional rights of the accused in Criminal cases are as follows:

1. The right to adequate legal assistance;

2. The right when under investigation for the commission of an offense, to be informed of
his right to remain silent and to have a counsel (Miranda rights);
3. The right against the use of torture force, violence, threat, intimidation or any other
means which vitiates the free will;
4. The right against being held in secret, incommunicado, or similar forms of solitary
detention;
5. The right to bail and against excessive bail;
6. The right to due process of law;
7. The right to presumption of innocence;
8. The right to be heard by himself and counsel;
9. The right to be informed of the nature and causes of accusation against him;
10. The right to have a speedy, impartial and public trial;
11. The right to meet the witness face to face;
12. The right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf;
13. The right of against self-incrimination;
 14. The right against detention by reason of political beliefs and aspirations;
15. The right against excessive fines;
16. The right against cruel, degrading or inhuman punishment; and
17. The right against double jeopardy.

Miranda Rights of Person under Criminal Investigation

These are the right of person under criminal investigation:

1. The right to remain silent;

2. The right to have a competent and independent counsel, preferably at his own choice;
3. The right to be informed of these rights; and
4. The right to be provided with the services of counsel if he cannot afford the services of
one.

Rights of the accused at the Trial

In all criminal prosecutions, under Section 1, rule 115 of Revised Rules in Criminal
Procedure, the accused shall be entitled to the following rights:

1. To be presumed innocent until the contrary is proved beyond reasonable doubt.

2. To be informed of the nature and cause of the accusation against him.
3. To be present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment. The accused may, however, waive
his presence at the stipulations set forth in his bail, unless his presence is specifically
ordered by the court for purposes of identification. The absence of the accused without
justifiable cause at the trial of which he had notice shall be considered a waiver of his
right to be present thereat. When an accused under custody over him is regained. Upon
motion, the accused may be allowed to defend himself in person when it sufficiently
appears to the court that he can properly protect his right without the assistance of
counsel.
4. To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him.
 5. To be exempt from being compelled to be a witness against himself.
6. To confront and cross-examine the witnesses against him at the trial. Either party may
utilize as part of its evidence the testimony of a witness who is deceased, out of or
cannot with due diligence be found in the Philippines, unavailable or otherwise unable
to testify, given in another case or proceeding, judicial or administrative, involving the
same parties and subject matter, the adverse party having the opportunity to cross-
examine him.
7. To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf.
8. To have speedy, impartial and public trial.
9. To appeal in all cases allowed and in the manner prescribed by law.

Commission on Human Rights

Commission on Human Rights (CHR) provides appropriate legal measures for the
protection of human rights of all persons within the Philippines, as well as Filipino residing
abroad, and provides for preventive measures and legal aid services to the underprivileged
whose human rights have been violated or need protection. The CHR exercises visitorial power
over jails, prisons or detention facilities.

Human Right Violations under the Jurisdiction of the CHR

CHR Resolution No. A96-005 revokes CHR Resolution No. A88-045 and circular 001
series of 1988 and consequently lays down the human rights (HR) violation cases the CHR
should henceforth investigate for purposes of prosecutions, such as but not limited to:

1. Rights of prisoners or detainees against physical, psychological and degrading

punishment resulting in the commission of crimes against persons as provided in Title
Eight of Act No. 3815 [Revised Penal Code], as amended, and the related special laws;
2. Constitutional guarantees provided against the use of torture, force, violence, threat
intimidation and other means that vitiate the free will of any person or force him to do
anything or sign any document against his will;
 3. Right to fair and public trial as recognized under the Constitution, applicable laws and
statutes and jurisprudence;
4. Right to life without due process of law, where its commission is tantamount to
summary execution and/or extrajudicial execution (salvaging);
5. Liberty of abode and of changing the same within limits prescribed by law, except upon
lawful order of the court, where the acts committed constitute hamletting, force
eviction/illegal demolition or development aggression;
6. Right of the people to be secure in their persons, houses, papers and effects against
unreasonable searches and seizures as defined in Articles 124-130 of Title II and in
Articles 269, 280, 282, 287 of Title Nine of Act No. 3815, as amended and the related
specials laws, where said acts are committed in the course or by reason thereof or when
involuntary or enforced disappearance as defined under applicable laws or international
treaty obligations on HR resulted or was the reason for the violations;
7. Right of persons arrested, detained, or under custodial investigation as well as duties of
arresting, detaining and investigating officers defined under Republic Act No. 7438;
8. Right of the People to peaceably assemble and petition the government for redress of
grievance which are defined in Article 131 under Title two of Act No. 3815, as amended,
and the related special laws;
9. Right of the people to be free from involuntary servitude in relation to Section 18 (2) of
Articles 272, 273, 274 of Title Nine, Article 341 and the related special laws; and
10. Free exercise and enjoyment of religious profession and worship, without discriminating
of religion in relation of offenses defined in Articles 132 and 133 of Title two of Act No.
3815, as amended and other related special laws, including offenses against the
religious, such as the desecration of places of worship and or acts notoriously offensive
to the feelings of the faithful.

RIGHTS AND PRIVELEGES OF INMATES

Under the BJMP

Section 1, Rules V, Chapter 1, Book II, of the BJMP Manual (Revised 2007) provides the
following rights of inmates:

1. The right to be treated as human, and not to be subjected to corporal punishment;

2. The right to be informed of the regulations governing the detention center;
3. The right to adequate food, space and ventilation, rest and recreation;
4. The right to avail of medical, dental and other health services;
5. The right to be visited by his/her counsel anytime;
6. The right to practice his/her religious beliefs and moral precepts;
7. The right to vote unless disqualified by law;
8. The right to separate detention facilities or cells particularly for women inmates; and
9. If a foreigner, the right to communicate with his/her embassy or consulate.

Section 2 gives this list of privileges of inmates:

1. To wear their own clothes while in confinement;

2. To write letters, subject to reasonable censorship, provided that expenses for such
correspondence shall be borne by them;
3. To receive visitors during visiting hours. However, visiting privileges may be denied in
accordance with the rules and whenever public safety so requires;
4. To receive books, letters, magazines, newspapers and other periodicals that the jail
authorities may allow;
5. To be treated by their own doctor and dentist at their own expense upon proper
request from and approval by appropriate authorities;
6. To be treated in a government or private hospital, provided it is deemed necessary and
allowed by the rules;
7. To request free legal aid, if available;
8. To sport hair in their customary style, provided it is decent and allowed by the jail rules;
9. To receive fruits and prepared food, subject to inspection and approval by jail officials
10. To read books and other reading materials available in the library, if any;
 11. To maintain cleanliness in their cells and brigades or jail premises and perform other
work as may be necessary for hygienic and sanitary purposes; and
12. To be entitled to Good Conduct Time Allowance (GCTA) as provided by law.

Under the BucCor

Section 1, Chapter 1, Part III, of the BuCor Manual provides the following rights of inmates:

1. To receive compensation for labor he performs;

2. To be credited with time allowances for good conduct and loyalty;
3. To send and receive mail matter;
4. To practice his religion or observe his faith;
5. To receive authorized visitors;
6. To ventilate his grievances through proper channels; and
7. To receive death benefits and pecuniary aid for injuries.

Section 2 gives the list of privileges of inmates:

1. Attend or participate in any entertainment or athletic activity within the prison

reservation;
2. Read books and other reading materials in the library;
3. Smoke cigar and cigarettes, except in prohibited places;
4. Participate in civic, religious and other activities authorized by prison authorities; and
5. Receive gifts and prepared food from visitors subject to inspection.

Visiting Rights of Prisoner

(Chapter 9, Part III, BuCor Manual)

1. Visiting Rights- An inmate shall have the right to be visited by his family and reputable
friends at regular intervals. (Sec. 1)
2. Visitors List- the Superintendent shall compile and maintain a list of persons named by
the inmate who may visit the latter. The List may include the members of the inmate’s
immediate family such as his parents, step-parents, foster parents, brothers and sisters,
 wife or husband and children. Upon the request of the inmate, the list may include his
grandparents, aunts, uncles, in-laws and cousins. Other visitors may after investigation,
be included in the list if the inmate will benefit from such contact. (Sec.2)
3. Visiting days and Hours- An inmate may be visited from Sunday to Thursday, from 9:00
a.m. to 3:00 p.m. Visitors shall not be allowed to stay overnight in prison. There shall be
no visits on Fridays and Saturdays. (Sec.3)
4. Limitation on Visiting Rights- the Director may limit the length or frequency of prison
visits as well as the number of visitors to avoid overcrowding. Exceptions may be
granted after taking into account special circumstance, such as the distance of travel of
the visitor and frequency of the visits received by the inmate. (Sec.4)
5. Visiting Room- Whenever practicable, a prison shall have a visiting room which shall be
as comfortable and as pleasant as possible and equipped to meet the needs of visitors,
including children. (Sec. 5)
6. Privacy of Visits- Prison guards shall supervise the visiting area in an unobtrusive
manner. They shall not eavesdrop on conversations or otherwise interfere with the
privacy, including children.
7. Conjugal Visits- A male inmate may enjoy conjugal visits from his spouse in prisons
where there are facilities thereof under such conditions as may be prescribed by the
Director. (Sec.7)
8. Visit of Legal Counsel- An inmate may be visited by his legal counsel of record at
reasonable hours of the day or night. (Sec.8)
9. Violation of Visiting Rules- Any circumvention or violation of visiting rules by the
inmate or his visitor shall result in the suspension or deprivation of visiting privileges
and the initiation of disciplinary action against the erring inmate. (Sec.9)

PRISONER’S ABUSE

Prisoner’s abuse is the mistreatment of persons while they are under arrest or
incarcerated. Abuses are usually committed by penal or correction officers charge in the
custody, corrections and handlers of prisoners and detainees. Abuse falling into this category
includes:

1. Physical Abuse;
2. Psychological abuse
3. Sexual abuse;
4. Enhanced interrogation to was on terror;
5. Torture; and
6. Other abuse, like humiliation and refusal of essential medication.

Acts of Torture

Republic Act No. 9745 (Anti- Torture Act of 2009) defines torture as an act by which
severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him/her for an act he/she or third person has committed or is
suspected of having committed; or intimidating or coercing him/her or a third person; or for
any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at
the instigation of or with the consent or acquiescence of a person in authority or agent of a
person in authority. It does not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.

By express provision of Section 4 of said statute, torture shall include, but not limited to
the following:

A. Physical torture
This is a form of treatment or punishment inflicted by a person in authority or agent of a
person in authority upon another in his/her custody that cause severe pain, exhaustion,
disability, or dysfunction of one or more parts of the body, such as:
1. Systematic beating, head banging, punching, kicking, striking with truncheon or rifle
butt or other similar objects, and jumping on the stomach;
2. Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
 3. Electric shock;
4. Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on mucous membranes or acids or spices
directly on the wound(s);
5. The submersion of the head in water or water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
6. Being tied or forced to assume fixed and stressful bodily position;
7. Rape and sexual abuse, including the insertion of foreign objects into sex organ or
rectum or electrical torture of the genitals;
8. Mutilation or amputation of the essential parts of the body such as the genitalia,
ear, tongue, etc.
9. Dental torture or forced extraction of the teeth;
10. Pulling out of fingernails;
11. Harmful exposure to the elements such as sunlight and extreme cold;
12. The use of plastic bag and other materials placed over the head to the point of
asphyxiation;
13. The use of psychoactive drugs to change the perception memory alertness, or will of
a person, such as:
i. The administration or drugs to induce confession and/or reduce mental
competency; or
ii. The use of drugs to induce extreme pain or certain symptoms of a disease;
and
14. Other analogous acts of physical torture.
B. Mental/Psychological Torture

This refers to acts committed by a person in authority or agent of a person in authority

which are calculated to affect or confuse the mind and/or undermine a person’s dignity and
morale, such as:

1. Blindfolding;
2. Threatening a person(s) or his/her relative(s) with bodily harm, execution or other
wrongful acts;
3. Confinement in solitary cells or secret detention places;
4. Prolonged interrogation;
5. Preparing a prisoner for a “show trial,” public display or public humiliation of
detainee or prisoner;
6. Causing unscheduled transfer of a person deprived of liberty from one place to
another, creating the belief that he/she shall be summarily executed;
7. Maltreating a member/s of a person’s family;
8. Causing the torture sessions to be witnessed by the person’s family, relative or any
third party;
9. Denial of sleep/rest;
10. Shame infliction such as stripping the person naked, parading him/her in public
places, shaving the victims head or putting marks on his/her body against his/her
will.
11. Deliberately prohibiting the victim to communicate with any member of his/her
family; and
12. Other analogous acts of mental/psychological torture.