THE Commission on Human Rights yesterday expressed grave concern over the alleged irregular strip search recently done by Bureau of Jail Management and Penology (BJMP) guards on the daughter of a detainee.
In a statement, CHR said it is conducting a probe on the incident based on the complaint of the victim, Bona Fides Lucania, whose father is detained at the Metro Manila District Jail Annex 4 at Camp Bagong Diwa in Taguig City.
“According to the victim, she went to the facility on 8 January 2023 to visit her father after nearly three years due to the COVID-19 restrictions,” the CHR said.
“She was then directed to a room–void of doors or curtains for privacy–and was asked to lift her top so the jail custodian may search her upper undergarment for contrabands. Further, the food items they brought in transparent containers were also spliced open and poked with used sticks,” it added.
Citing provisions of the BJMP operations manual, CHR said searchers of suspected visiting couriers or couriers of contraband should be apprised of their rights before any bodily, strip or body cavity search are done on them.
CHR said the strip or body cavity search should be done professionally in a designated search room. It said the searcher should be accompanied by the duty personnel who will supervise and witness the search. The searcher, it said, should wear latex gloves.
“Whenever possible, the searcher must see to it that the person to be searched shall be accompanied by another visitor who shall act as witness to the procedures conducted,” the CHR said, quoting the BJMP manual.
It said the search should adhere to the Magna Carta of Women and Anti-Violence Against Women and their Children.
“Let the visitors sign a waiver for the search he/she/they will undergo,” the CHR added, quoting the BJMP manual.
Based on the complaint of Lucania, CHR said she “was neither informed of her rights nor was she asked to sign a waiver prior to the search.
“The victim adds that her husband was not allowed to enter the premises. These compounding circumstances resulted in feelings of shame and degradation,” the CHR said.
During a meeting with Lucania, accompanied by Kapatid, a support group of families and friends of political prisoners, CHR chairperson Richard Palpal-latoc “encouraged victims of similar occurrences to report to CHR so we may strengthen our work in improving safety protocols in penitentiaries and detention facilities in the country.
“We likewise remind BJMP officers and personnel to uphold their own regulations to help ensure government compliance to the humane treatment of the accused and incarcerated,” the CHR added.
In a statement, Kapatid said there was another incident where the wife of a political prisoner “was made to pull up her bra while the padding was squeezed.” It said the search was done by a tomboy guard.
Kapatid spokesman Fides Lim said female relatives of detainees have also experienced similar degrading searches “but they are too scared to complain in their desire to see their loved ones.”
BJMP spokesman Chief Inspector Jayrex Bustinera said the bureau “takes all allegations of misconduct by all of its personnel very seriously.”
Bustinera said the BJMP is conducting a probe on the allegations against personnel of the Metro Manila District Jail Annex 4.
