JORGIO, Johanna Kira

L-160341

Legal Ethics

De Lima bill

"The history of prison rape is a history of officials who denied the problem
existed, tolerated it, or thought nothing could be done to stop it. Jamie FELLNER,
SENIOR counsel of Human Rights Watch

A detainee herself, Senator Leila de Lima passed Senate Bill no. 1438 or An Act Protecting Women in
State Custody, Prescribing the Minimum Statndards for their Treatment, penalizing acts in Vilations
thereof and for other purposes, seeking to remedy the imbalance of power between custodians and
female inmates.

In a report by 2001 Commision of Human Rights, which she chaired?? In (what year), it was shown that
10 percent of female inmates had sexual contact with their jailers prior to their transfer to the
Correctional Institute for Women. Not only that, but detainees are more subject to physical abuses than
male inmates. De Lima points out that it is aggravated by the lack of strict and concrete grievance or
investigatory procedures, which gives the prison officers a pass to impunity, continuously performing
such abuses.

The Bill recommends the creation of a registration book for female inmates (Sec. 4), and separate cells
and facilities for men and women (Sec. 5). It also bans and reprimands torture in any form and sexual
abuses towards female inmates (Sec. 6), as well as the entry of male personnel in their quarters (Sec. 7).

De Lima also pushes for a mandatory inspection of all jail facilities by CHR, additional recruitment of
female detention offices and investigation of alleged abuses. Perpetrators would be penalized with six
months up to six years jail time.

De Lima explains that This unfortunate situation may have been avoided if we at least complied with

Rule 53 of the United Nations Standard Minimum Rules for the Treatment of

Prisoners.3 However, data as of January 2017 from the Bureau of Jail Management

and Penology (BJMP) even reveals that there are only 58 female dormitories under

BJMP throughout the countiy and three populous regions (4 B, 5, and ARMM) do not

even have a single female dormitory.

De Lima expounds that abuses remain unreported due to widespread fear of retaliation of perpetrators,
and the lack of compliance with investigatory procedure, wh

Challenging officials to end this too devastating and prevalent human rights violations. ich creates an
unjust environment in jails

In a related sense, the US also seeks to prevent Prison Rape. Groundbreaking by US Human rights
watchs reports have shown the failure of correctional leaders to take prison rape seriously. Most
comolaints were not investigation; others even suffered retaliation b the perpetrators. Staff who were
indubitably abusive still holds positions. In a similar manner in 2009, "Prisoners will only be safe if they
are confined in facilities whose officials have instituted zero-tolerance policies and are committed to
rigorous internal monitoring and external oversight," said David Fathi, director of the US Program at
Human Rights Watch. "The standards provide a practical, feasible roadmap. All that is needed now is the
commitment to follow it."

In conclusion, this creates a stricter guideline (or something to protect) to make sure that injustice would
be ironed out and that prison will be a secured environment for women. Prisoners have rights, too. They
do not shed it once they have entered the prison bars.

In an isolated case reported by Inter Press Service News Agency in 1999, entitled PHILIPPINES: Sexual
Abuse in Jail, a Well Known Secret narrated the story of Linda, a 34-year old domestic worker, who was
accused of theft by her employer and then thrown into a cell at a municipal jail. One night during her
stay, jail guard Ronaldo Cahati-an entered her cell and raped her. It would be repeated, as Cahati-an
would always enter carrying his hand gun and armed with a kitchen knife. Linda would get threats of
bodily harm and more sexual abuse at the hands of male prisoners. She was silenced until Cahati-an was
reassigned. Her inmates testified for her behalf and Cahati-an was consequently dismissed from office.
However, her rapist never had to spend a day in jail because she doesnt have sufficient funds to pursue
cases against him.

And this is just one of the thousand cases of Prison Rape and Abuse.