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Law enforcers who lock up kids with adults liable for 12-year jail term |
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 The ghastly state norm and practice of throwing 13,300 to 20,000 children in
police jails packed with adults—including those facing capital offenses like
murder and rape—is brazenly illegal, nay, a criminal act, for which law
enforcers, and their superiors who walk in the corridors of power, are liable
for up to 12 years imprisonment.
Locking up children with adult crime suspects constitutes a flagrant violation
of Article VI, Section 10(a) of the Special Child Protection Act (Republic Act
7610). This provision penalizes ordinary individuals who commit “other acts of
neglect, abuse, cruelty or exploitation and other conditions prejudicial to the
child’s development” with imprisonment ranging from six years and one day to
eight years (prision mayor minimum). It reads:
“(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the
child's development including those covered by Article 59 of Presidential Decree
No. 603, as
amended, but not covered by the Revised Penal Code, as amended, shall suffer the
penalty of prision mayor in its minimum period.”
But Article XII, Section 31 of RA 7610 slaps a higher penalty of
imprisonment—ranging from 10 years and one day to 12 years (prision mayor
maximum)—upon law enforcers and their superiors who violate this provision. It
reads:
“(e) The penalty provided for in this Act shall be imposed in its maximum period
if the offender is a public officer or employee.”
It is a matter of judicial notice (requiring no evidence for being beyond
dispute) that jailing children with adult crime suspects, including gang
members, under sub-human conditions—and deprived of access to psychological,
medical, social, and legal assistance and services—is grossly inimical and
prejudicial to their psychological, emotional, social, moral, spiritual, and
physical well-being and development. The damage on the part of the victims could
even be permanent, i.e., initiation to a career of crime, distrust and antipathy
towards authority and society, trauma, and stigma, etc. This is especially true
for hapless children living in the shadows of social existence, including street
urchins, beggars, child laborers, prostituted girls and boys, children with
mental disabilities, and those hooked on substance abuse, who get sodomized and
raped, tortured, tattooed, and subjected to various forms of cruel, inhumane,
and degrading treatment and punishment during police custody. Remember Baby Ama?
Were it not for esprit d’ corps and the blessings of the powers-that-be, law
enforcers, along with their superiors holed up in Malacanang—who knew and were
in a position to know about this grievous injustice, but failed to punish their
subordinates and stop this institutionalized human rights violation—are liable
for prosecution under RA 7610 for their shameless act of jailing children with
adults with impunity and on a continuing basis.
The international community universally condemns this egregious form of crimes
against humanity. Both the United Nations Convention on the Rights of the Child
and the International Covenant on Civil and Political Rights outlaw the
non-segregation of children and adult prisoners.
Atty. Perfecto Caparas
Convener
Coalition to Stop Child Detention Through Restorative Justice
Email:
coalition@stopchilddetention.com
Website: www.stopchilddetention.com
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Posted on Wednesday, August 31 @ 18:10:54 CDT by don |
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