Jail Visitation System

Strengthening the Capacities
of the CHRP for the Promotion

and Protection of Human Rights
GOP – United Nations In Mindanao
Multi-Donor Programme Phase 3
Mission - Critical
Systems Reengineering and Installation
Komisyon ng Karapatang Pantao

(Commission on Human Rights)
JAIL VISITATION
AND MONITORING
SYSTEM
FINAL REPORT
Consultants, inc. AND USER’S GUIDE
COMMISSION ON HUMAN RIGHTS OF THE PHILIPPINES
FINAL REPORT & USER’S GUIDE JAIL VISITATION AND MONITORING SYSTEM
TABLE OF CONTENTS
1 CONCEPTUAL FRAMEWORK
1 Rights of the Prisoners...................................................................................................................1
2 CHR’s Role on the Conditions of Jails and Inmates.......................................................................3
3 Organization of the Report .............................................................................................................3
2 STRATEGIC REFORMS
1 Establishing An Assessment Methodology for the CHRP ..............................................................5
2 Jail Visitation to be Conducted to Address a Particular Human Rights Violation Issue in Jail........6
3 Establishing Procedures for the Conduct of Jail Visitation .............................................................6
4 Setting-Up of Reporting and Monitoring Mechanism......................................................................6
5 Strengthening Capacities of CHR Personnel Involved in the Conduct of Jail Visitation .................7
3 DETAILED SYSTEMS DESIGN

1 Systems Definition .........................................................................................................................8
2 Objectives ......................................................................................................................................9
3 System Design Framework ............................................................................................................9
3A POLICY, STANDARDS AND RULES FORMULATION

1 Systems Description ....................................................................................................................10
2 Policies.........................................................................................................................................10
3 Processes ....................................................................................................................................11
3B DEVELOPMENT OF ADVISORIES ON JAIL CONDITIONS

2 Policies.........................................................................................................................................24
3 Processes ....................................................................................................................................25
3C INVESTIGATION OF HUMAN RIGHTS VIOLATION IN JAILS

2 Policies.........................................................................................................................................35
3 Processes ....................................................................................................................................36
3D INVESTIGATION OF HUMAN RIGHTS VIOLATION IN JAILS

2 Policies.........................................................................................................................................43
3 Processes ....................................................................................................................................43
CPRM CONSULTANTS, INC. I

1
CONCEPTUAL FRAMEWORK
1 RIGHTS OF THE PRISONERS

1.1.1 Prisoners and inmates are human beings entitled to the same basic rights enjoyed by
citizens in a free society, except that the exercise of these rights are limited or
controlled for security purposes. It is in this context that rights for prisoners have been
drafted, and standards for treatment of prisoners have been set.
1.1.2 The Asian Human Rights Commission drafted the rights of prisoners and political
prisoners as follows:
a. That all prisoners have the right to be treated in a humane manner;

b. That all prisoners have the right to a fair trial with adequate and free legal
assistance;
c. That persons under any form of detention or imprisonment have the right to be
protected from cruel, inhumane, degrading treatment and punishment, including
sexual violence and other forms of torture;
d. That persons have the right to be kept in official government civilian prisons and
to be protected from being imprisoned in unofficial places of detention or in
military custody;
e. That all persons have the right to appear in public before a legally-constituted
court within a short time after their arrest;
f. That prisoners have the right to fair and humane treatment which enables the
maintenance of self respect;
g. That prisoners have the right to a prison programme which enhances their social
and intellectual abilities;
h. That prisoners have the right to separate living arrangements in prison in
accordance with the categories of gender, age, and reasons for imprisonment;
i. That prisoners awaiting trial have the right to be held separately from convicted
prisoners;
j. That political prisoners have the right to be segregated from other prisoners;
k. That prisoners have the right to communicate with their families and to maintain
familial relationships;
l. That prisoners have the right to free legal assistance; and
CPRM CONSULTANTS, INC. 1

m. That Asian governments be pressured to observe international instruments to

protect the rights of prisoners, such as the Body of Principles for the Protection of
All Persons under any Form of Detention or Imprisonment (1988); the
Declaration on the Protection of All Persons from Being Subjected to Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (1975); the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (1987); the Principles of Medical Ethics Relevant to the Role of
Health Personnel, Particularly Physician, in the Protection of Prisoners and
Detainees Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (1982); Standard Minimum Rules for the Treatment of Prisoners
(1955, 1957, and 1977).
1.1.3 The Bureau of Jail Management and Penology (BJMP), a government agency
mandated to direct, supervise and control the administration of all district, city and
municipal jails to effect a better system of jail management nationwide, has drafted
Rules and Procedures with which all jail officials must follow. It includes the
commitment and classification of inmates; treatment of inmates and those inmates
with special needs; and custody, security and control, emergency plans, movement
and transfer of prisoners and detainees.
1.1.4 The BJMP Rules and Procedures also details the rehabilitation services which
identifies the treatment program designed to encourage inmates to return to the fold of
justice and enhance their self-respect, dignity and sense of responsibility. The
program includes the following: a) provision for basic needs of inmates, b) health
services, c) education and skills training, d) religious services, guidance and
counseling services, e) recreation, sports, and entertainment, f) work programs, such
as livelihood projects, g) visitation services, and h) mail services.
1.1.5 The Bureau of Corrections on the other hand, an integral bureau of the Department of
Justice mandated to carry out the institutional rehabilitation program of the
government for national offenders, and to protect society through humane
confinement and effective rehabilitation of criminal offenders, also has its own rules
and procedures contained in the Manual of the Bureau of Corrections which guides the
personnel and sets the standard for humane treatment of prisoners.
1.1.6 As all the rules and standards for treatment of prisoners have already been prepared,
the role of the CHRP on this aspect is to see to it that all these rules and procedures
are followed by the jail officials, and the standards for confinement and rehabilitation
are followed by the jail administrators. The CHRP shall continue to monitor and report
on the condition of the country’s jails and detention centers and the prisoners therein.

2 CHR’S ROLE ON THE CONDITIONS OF JAILS AND

INMATES
2.1 Constitutional Mandate for the CHRP
2.1.1 As mandated in Article XIII of the Philippine Constitution, the CHRP shall “Exercise
visitorial powers over jails, prisons, or detention facilities” (Section 18, Paragraph 4).
This means that the CHRP shall conduct regular visits to jails/prisons, and other
detention facilities in order to assess the conditions of the facilities. As a human rights
institution, the CHRP shall see to it that the basic rights of the people detained are
respected.
2.1.2 Paragraph 7 of the same section states that CHRP shall “Monitor the Philippine
Government’s compliance with international treaty obligations on human rights”.
2.1.3 The CHRP shall also “Request the assistance of any department, bureau, office, or
agency in the performance of its functions” (Paragraph 8). This provision gives the
CHRP the authority to collaborate with other agencies of the government, such that
any issues that may arise in the conduct of its visitorial function may be dealt with and
addressed with the aid of the other government agencies concerned.
2.2 Roles in Relation to Government
2.2.1 The CHRP shall be the external advisor and “prescriber” of human rights and
protection standards. Thus, the CHRP shall advocate to the government and to the
agencies directly administering the jails and prisons so that the rights of the prisoners
will be respected.
2.2.2 As independent monitor, evaluator and public reporter of government human rights
protection policies, planning, implementation and performance, the CHRP shall
monitor all agencies that are involved in upholding the rights of the prisoners.
2.2.3 Independent evaluator and position advocate on the human rights implications of
existing laws, government socio-economic policies and programs, public services
access and distribution mechanisms, government regulation, and government
program implementation.
2.3 In Relation to Social Forces (NGO’s, Academe, and Other HR

Organizations)
2.3.1 “Mobilizer”, coordinator and or contributor of resources for research and

implementation programs on human rights promotion and protection.
2.3.2 Synchronizer of the programs of CHR and those of the social forces to enhance
complementation, sharing, and mutual reinforcement.
2.3.3 Collaborator/partner in the program design and implementation.
2.3.4 Advisor and provider of human rights and promotion as well as protection standards

3 ORGANIZATION OF THE REPORT

3.1.1 The User’s Guide is organized into the following sections:
1 CONCEPTUAL FRAMEWORK
2 STRATEGIC REFORMS
3 DETAILED SYSTEMS DESIGN
POLICY, STANDARDS AND RULES FORMULATION

DEVELOPMENT OF ADVISORIES ON JAIL CONDITIONS
INVESTIGATION OF HUMAN RIGHTS VIOLATIONS IN JAILS
REPORTING AND MONITORING
3.1.2 Each system component contained in the various sections of the User’s Guide has the
following parts:
A SYSTEM DESCRIPTION
- contains the objectives, components, uses and users of the system
B OPERATING POLICIES
- defines the key policies and guiding principles that will guide the users in
the formulation, implementation and continuing updating of the detailed
rules, standards and procedures that will implement the system
C PROCESSES
- describes the inputs, procedures (steps that will process inputs into
outputs) and outputs of the system

2
STRATEGIC REFORMS
1 ESTABLISHING AN ASSESSMENT METHODOLOGY FOR

THE CHRP
1.1.1 The CHRP from time to time issues advisories to the National Government (NG) and
Local Government Units (LGUs) on various issues that concern the plight of the
prisoners. Their bases for these advisories are the visits conducted by the Regional
Offices to various jails.
1.1.2 Regional Offices prepares regular reports based on their visits and submits these
reports to the Central Office which the Central Office collates and considers as basis
for an overall assessment of the jail conditions of the country. This type of CHRP’s
reporting process however, do not get the attention of the offices concerned, as they
see such problems as all linked to the budgetary constraints of the NG. Also,
considering the total number of jails in the Philippines, and the minimal number of
CHRP personnel to conduct the said activities, it is quite impossible that all jails in the
country will be visited.
1.1.3 This report therefore, will establish an assessment methodology that the CHRP will
adopt in order to fully assess the jail conditions and the make an analysis on the cause
of such conditions. The assessment will be in the form of an institutional study of all
the agencies/offices that manages or administers the operation of jails. The
institutional study will involve review of the operations of the offices and agencies that
aids in the operations of jails such as the Bureau of Jail Management and Penology
(BJMP), Bureau of Corrections (BuCor), Philippine National Police (PNP), and the
different Local Government Units (LGUs).
1.1.4 The assessment may also be done through a survey, where the CHRP will develop a
sampling methodology such that a specified sample of jails that will be representative
of the total jails population will be studied by the CHRP. In the conduct of these survey,
the visitorial powers of the CHRP will be exercised.
1.1.5 Jail visitations to individual jails may also be done by Regional Offices. Their visitorial
activity shall not be done like it is just a ministerial activity of the CHRP. It shall be
made more meaningful to make the assessment of that particular jail more
comprehensive by conducting not just visits but will also involve an institutional study
of the agencies/office that has a direct hold on the particular jail.

2 JAIL VISITATIONS TO BE CONDUCTED TO ADDRESS A

PARTICULAR HUMAN RIGHTS VIOLATION ISSUE IN JAILS
2.1.1 Human rights violations in jails, which come to the attention of the CHRP, either
through complaints of family members or motu propio investigation of the CHRP, must
be facilitated by the AVO, through the exercise of their visitorial powers. The actual
conduct of the investigations, however, must be done by personnel from the Legal and
Investigation Office (LIO) or the investigators or lawyers in the Region. The role of the
AVO or the counterpart officer of the AVO in the Region is to facilitate the conduct of
the investigation in the Region by identifying the team who would conduct the
investigation.
3 ESTABLISHING PROCEDURES FOR THE CONDUCT OF

JAIL VISITATIONS
3.1.1 In conducting jail visitations, either during the conduct of survey, institutional studies in
the regions, or during investigations for human rights violations in jails, the CHRP
Personnel shall be guided properly as to the following:
a. The frequency of jail visitations

b. The people who will conduct the jail visitation
c. The guidelines for the conduct of jail visitation which will include the basic
information that needs to be gathered from the jail/prison administration, the
menu of things to be observed during ocular inspections, the minimum number
of prisoners to be interviewed. The guideline shall also include the minimum
standards for the treatment of prisoners and basic rights to be addressed.
3.1.2 The procedure for conducting jail visitations shall be uniform for all regional offices.
3.1.3 During the visitation, the personnel may find prisoners that need assistance, in the
form of legal, medical, financial assistance. A procedure for providing the necessary
assistance to prisoners shall therefore be established. Provision of assistance shall be
decentralized to all regional offices. The system for human rights assistance has
already tackled on the procedures to be implemented for the provision of human rights
assistance to all victims of human rights violations, including those detained in jails.
4 SETTING-UP OF REPORTING AND MONITORING

MECHANISM
4.1.1 The essence of jail visitation is for the government and all the individuals to know the
present conditions of jails, prisons, and other detention facilities. Jail visitation is the
venue for the CHRP to undertake its mandate to oversee Government’s compliance
on the international treaties on human rights, and to play its role of being an
independent monitor, evaluator and public reporter of government human rights
protection policies, planning, implementation and performance especially in upholding
the rights of the prisoners.

4.1.2 The performance of these mandate and roles can be identified through proper
reporting of the jails and inmates conditions. Thus it shall be able to make reports,
recommendations, and position papers to advocate the plights of prisoners. Such
reports and papers shall be given to those in authority and those who can influence
and effect the recommendations, and answer the issues raised on the plight of some
prisoners.
4.1.3 An effective feedback mechanism shall also be set in place to check whether issues
raised and recommendations prepared by the CHRP is attended to by the concerned
officials and agencies.
4.1.4 Within the CHRP Organizations, separate monthly reports on the findings of jail
visitations shall be prepared by the Regional Offices and submitted to AVO. These
reports shall then be consolidated by the AVO and based on such reports, assess the
performance of the personnel and the program for jail visitations, and make some
policy changes, if necessary.
5 STRENGTHENING CAPACITIES OF CHR PERSONNEL

INVOLVED IN THE CONDUCT OF JAIL VISITATION
5.1.1 There is a need to strengthen the capacities of CHRP personnel that conduct jail
visitations. This is to enable them to gain the respect of prisons officials and accorded
proper records as they may require, thus minimizing harassments of CHRP Officials in
jails, prisons, and detention centers.
5.1.2 Strengthening capacities include continuing studies for the CHRP personnel on the
basic rights of the prisoners, and the standards for which the prisoners shall be treated.
They should be well-versed in this field so that when they go on field, they would know
what to be observed and reported on and not just assess the jails and prisoners
conditions based on personal judgment.
5.1.3 Another way of strengthening the capacities of CHRP personnel is to conduct training
and retraining of CHRP personnel concerned using rights-based approaches ijn
investigation, legal, visitorial services, human rights assistance, and education and
research. Trainings to be conducted shall also include training for report writing for
some investigators.
5.1.4 The thrust for improving the capacities shall be a continuing effort for the CHRP. And
the approach shall be made holistic and not just focused on the particular job or
undertaking of the personnel.
5.1.5 Respect for the CHRP personnel that conducts jail visitations can also be enhanced by
educating all the sectors of the society on the visitorial powers of the CHRP. A
Memorandum of Agreement, highlighting the jail visitation mandate of the CHRP, shall
also be forged between the CHRP and the BJMP and BuCor.

3
DETAILED SYSTEMS DESIGN
1 SYSTEMS DEFINITION
1.1.1 The system for Jail Visitation and Monitoring services of the CHRP is composed of
policies, guidelines, standards, and processes for the monitoring and review of
government compliance with international standards for jail conditions and upholding
the rights of the prisoners.
1.1.2 The following are the components of the system for jail visitations:
a. Policy, Standards and Rules Formulation – this component covers the

policies and processes for the formulation and approval of policies and
standards for monitoring the jail conditions and conducting jail visitations.
b. Development of Advisories on Jail Conditions – this component will detail

the policies and processes for the assessment of the overall jail conditions of the
country and the assessment of the individual jails for the development of
advisories. The advisories therefore, will be based on the assessment which will
be done using the following method:
Institutional Assessment
Survey on Jail Conditions
c. Investigation of Human Rights Violations Committed in Jails – this system

component will detail the policies and processes that will be undertaken by the
AVO to address the human rights violations in jails. As the Investigation of
human rights violation cases is undertaken by the Legal and Investigation Office
(LIO), the role of the AVO is to facilitate the activities in order that investigations
in jails will be done efficiently.
d. Monitoring and Evaluation– this includes the policies and the processes for
monitoring the activities of the CHRP in monitoring the jail conditions and how
the rights of the prisoners are protected, which includes the regular reporting
procedures, as well the of monitoring the actions on the advisories made by the
CHRP of the different agencies involved. This system also includes the process
for determining the impact of the actions of the CHRP and the responses of the
different agencies in upholding the rights of prisoners.

2 OBJECTIVES
2.1.1 To come up with a methodology for the CHRP to properly assess the jail conditions of
the country;
2.1.2 To provide an approach that will provide a more reliable basis for the provision of
advisories to the government and general public;
2.1.3 To establish indicators that would measure the impact of jail visitation and monitoring
on human rights.
3 SYSTEMS DESIGN FRAMEWORK

3.1.1 The system for Jail Visitation and Monitoring Service is anchored on the following
framework:
SYSTEM FOR JAIL VISITATION AND MONITORING
POLICY, STANDARDS
AND RULES
FORMULATION
DEVELOPMENT OF
ADVISORIES ON JAIL
CONDITIONS
ASSESSMENT
OF JAIL
CONDITIONS INVESTIGATION OF
HUMAN RIGHTS
VIOLATIONS IN JAILS
Institutional Survey of Jail

Assessment Conditions
MONITORING AND
EVALUATION

3-A
POLICY, STANDARDS AND RULES
FORMULATION
1 SYSTEM DESCRIPTION
1.1.1 The system for policy, standards, and rules formulation defines the policies and
processes to be adopted in order for the CHRP to develop operating policies that will
guide the jail visitation and monitoring activities of the AVO.
1.1.2 This system also details the various policy considerations that must be applied by the
CHRP in formulating its operational policies and in formulating the standards that must
be adhered to by the different agencies.
2 POLICIES
2.2.1 The CHRP, through the AVO, must formulate its own policies, standards and rules for
conducting jail visitations as well as for the process of monitoring the conditions of jails
in the country.
2.2.2 The policies, standards and rules to be drafted will be the basis for the AVO and the
different regional offices in conducting their activities. Thus, the policies must be very
clear and must be formulated down to operational level.
2.2.3 All policies and standards must not be contrary to the pronouncements of the United
Nations’ and other human rights institutions’ declaration. It shall also take into
consideration the different operational policies of the other government agencies,
institutions, or organizations that administers and oversees the administration of the
different jails in the country.
2.2.4 The policies must be in line with CHRP’s strategic plan and objectives and shall be
reflective of CHRP’s independence.
2.2.5 A process of formulating these policies shall be participatory, such that all offices can
provide the required inputs.

CONSIDERATIONS IN POLICY FORMULATION
A. FORMULATING POLICIES FOR JAIL VISITATIONS
2.2.6 The CHRP is the overseer of the human rights application in jails, prisons, and
detention centers. The United Nations and other Human Rights Commissions where
the CHRP is a member from time to time drafts policies, principles, and guidelines to
uphold and protect the human rights of persons locked up in prisons, jails, and other
detention facilities. The CHRP therefore, has the duty to see to it that all these
principles, policies and guidelines are in turn applied in the Philippines.
2.2.7 Monitoring of the application of these policies will be done through the actual conduct
of jail visitations. As CHRP is conducting these activities, the different agencies
involved, the BJMP, BuCor, PNP, and Local Government Units must be informed of
the procedures of the CHRP in actually conducting these activities.
2.2.8 The procedures to be developed as will be embodied in policy statements to be

distributed among agencies involved must include, among others, the following
information:
a. Frequency of the Visits to jails and prisons;

b. The positions and identifications of persons who will be conducting the jail visits;
c. The premises that will be observed and the activities that will be conducted to get
the information necessary to assess the human rights situation in the prisons.
2.2.9 These must be communicated to the agencies involved to ensure efficiency in

conducting jail visitations.
B. QUALIFICATIONS AND QUALITIES OF PERSONNEL IN-CHARGE IN JAIL

VISITATIONS
2.2.10 The personnel who will be assigned in conducting jail visitations must be
knowledgeable of the standards, the rights of prisoners, and the standards for
treatment of prisoners.
2.2.11 The personnel in-charge shall also have the ability to relate well to the prisoners and
detainees so that they will have the confidence to air out their concerns, issues, and
grievance, if any.
3 PROCESSES
3.3.1 The following processes will be applied in developing the policies, standards, and rules
for conducting jail visitation and monitoring service:

SYSTEM: IMPLEMENTING OFFICE:
Jail Visitation and Monitoring System Assistance and Visitorial Office
SYSTEM COMPONENT:
Policy, Standards and Rules Formulation
PROCESS:
Review/assessment of existing CHRP policies on jail visitation and monitoring of jail conditions
DESCRIPTION
This process involves assessing the existing policies and practices of the CHRP on the conduct of jail visitations and their
process of monitoring jail conditions. This may include review of human rights standards on the maintenance of jails and
international experience and practices in conducting jail visits and monitoring activities.
PURPOSE
This review and assessment process will enable the CHRP to identify, thus, address the gaps of the current policies and
practices of monitoring jail conditions. The international standards and practices will also aid the CHRP in properly
formulating the policies, standards, and rules that it will adopt to properly address the human rights concerns of the
prisoners/detainees.
INPUTS
1) Mandate of the CHRP on monitoring jail conditions

2) Existing policies of the CHRP on jail visitation and monitoring of jail conditions
3) Performance report of the CHRP on monitoring jail conditions
4) Policies, standards, or rules of the government agencies in-charge in administration of penal systems
5) International reports and studies on jail visitations and monitoring jail conditions
OUTPUTS
1) Assessment report of the CHRP policies on jail visitations and monitoring jail conditions
WORK PROCESS
This process will be done by the AVO and will involve the following processes:
1) Study the existing policies of the CHRP in monitoring jail conditions

2) Gather comments/recommendations from the Regional Offices on their assessment of the existing policies of jail
monitoring service of the CHRP
3) Review of the performance reports of the different regions and the entire CHRP on their jail monitoring activities,
and its impact on the actual jail conditions of the country
4) Identification of gaps and issues of the existing policies/practices
5) Preparation of the report on review and assessment of existing policies/practices with recommendation on how to
address the issues/gaps
6) Presentation/submission of the assessment report to the Commission en Banc through the Executive Director
7) Finalization of the assessment report based on the comments of the Commission en Banc
TIMING: DURATION:
This process shall be done every year to assess the The review and assessment process will take about one
effectiveness of the program or whenever the CHRP month.
decides to formulate new policies for the Commission

SYSTEM : JAIL VISITATION AND MONITORING
SYSTEM COMPONENT : POLICY, STANDARDS, AND RULES FORMULATION IMPLEMENTING OFFICE:
ASSISTANCE AND
PROCESS : REVIEW/ASSESSMENT OF EXISTING CHR POLICIES ON JAIL VISITATION AND MONITORING OF JAIL CONDITIONS VISITORIAL OFFICE
INPUT PROCESS OUTPUT
Mandate of the
CHRP on
Review
monitoring jail
performance
conditions Gather comments/
reports of the Assessment report
recommendations
different regions on existing CHRP
Study existing from the Regional
and the entire Identify gaps and policies on jail
policies of the Offices on their
CHRP on their jail issues of the visitations and
CHRP in assessment of the
Existing policies of monitoring existing policies/ monitoring jail
monitoring jail existing policies of
the CHRP on jail activities and its practices conditions
conditions jail monitoring
visitation and impact on the
service of the
monitoring jail actual jail
CHRP
conditions conditions of the
country
Performance
reports of the
CHRP on
monitoring jail
conditions
Prepare report on
Preparation/
the review and Finalization of the
submission of the
assessment of the Assessment report
assessment report
existing policies/ based on the
Policies, standards to the Commission
practices with Comments of the
or rules of en Banc through
recommendation Commission en
government the Executive
on how to address Banc
agencies in-charge Director
the issues/gaps
in the
administration of
penal systems
International
reports and
studies on jail
visitations and
monitoring jail
conditions

Jail Visitation and Monitoring System Regional Office
SYSTEM COMPONENT:
PROCESS:
Review/assessment of existing CHRP policies on jail visitation and monitoring of jail conditions
DESCRIPTION
The review and assessment of existing policies will involve the participation of the Regional Offices (ROs) who are direct
implementers of the policies and plans of the Commission. The ROs will be encouraged by the Central Office through the
AVO to give their comments and recommendations on the existing policies and practices on monitoring jail conditions.
PURPOSE
The purpose of this process is to enable the ROs who are direct implementers of polcies to input into the policy
formulation activities of the Commission.
INPUTS
1) Memorandum from the AVO to prepare comments and recommendations on the existing policies of the CHRP on
monitoring jail conditions
2) Existing policies of the CHRP on jail visitation and monitoring of jail conditions
3) Performance report of the Regional Office on monitoring jail conditions
4) Policies, standards, or rules of the government agencies in-charge in administration of penal systems
OUTPUTS
1) Assessment report of the CHRP Regional Offices on the existing policies on jail visitations and monitoring jail
conditions
WORK PROCESS
This process will be done by the Regional Offices and will involve the following processes:
1) Study the existing policies of the CHRP in monitoring jail conditions

2) Review the practices of the Regional Officers who conduct jail visitations and monitoring services and their impact
on the jail conditions of the Region
3) Review the policies and practices of the agencies and organization that administers or monitors jail conditions
within the region
4) Identification of gaps and issues of the existing policies/practices
5) Preparation of the report on review and assessment of existing policies/practices with recommendation on how to
address the issues/gaps
6) Presentation/submission of the assessment report to the AVO
TIMING: DURATION:
This shall be done by the Regional Office every year with or This process shall take at most two weeks.
without the request from the Central Office

PROCESS : REVIEW/ASSESSMENT OF EXISTING CHR POLICIES ON JAIL VISITATION AND MONITORING OF JAIL CONDITIONS REGIONAL OFFICE
Memorandum from
the AVO to Review the
Review the Assessment report
prepare comments policies and
practices of the on existing CHRP
and Study existing practices of the
Regional Offices in Identify gaps and policies on jail
recommendations policies of the agencies and
conducting jail issues of the visitations and
on the existing CHRP in organizations that
visitations and its existing policies/ monitoring jail
CHRP policies on monitoring jail administers or
impact on the jail practices conditions in the
jail visitations and conditions monitors jail
conditions of the Region
monitoring jail conditions within
conditions region
the country
Existing policies of
the CHRP on jail
visitation and
monitoring jail
conditions
Prepare report on
the review and
assessment of the Preparation/
existing policies/ submission of the
Performance practices with assessment report
reports of the recommendation to the AVO
CHRP on on how to address
monitoring jail the issues/gaps
conditions
Policies, standards
or rules of
government
agencies in-charge
in the
administration of
penal systems

SYSTEM COMPONENT:
PROCESS:
Formulation of New Policies
DESCRIPTION
Based on the review/assessment of the existing policies and practices for monitoring the jail conditions, and the
preliminary recommendations of the AVO on how to address the gaps/issues of the existing policies, as reviewed and
commented on by the Commission en Banc, the AVO will prepare the new policies for conducting jail visitation and
monitoring.
PURPOSE
The new policies that will be formulated will enable the CHRP to properly conduct jail monitoring activities
INPUTS
1) Mandate of the CHRP on monitoring jail conditions

2) Assessment report of the existing policies on monitoring jail conditions
OUTPUTS
1) New policies for monitoring jail conditions which includes the following:
a. mode of activities to be undertaken in monitoring jail conditions
b. frequency of conducting these activities
c. tools to be used in monitoring jail conditions/conduct of jail visitations
d. officials/personnel/team who will conduct jail visitations
WORK PROCESS
1) Identify the gaps and issues that needs o be addressed on the assessment report
2) Formulate the new policies to address these issues/gaps taking into consideration the recommendations stated in
the assessment report
3) Incorporate these new policies with the existing policies that will still be adopted
4) Submission of the revised policies to the Executive Director for review by the Commission en Banc
5) Finalization of the new policies based on the comments/recommendations of the Commission en Banc
TIMING: DURATION:
The formulation of new set of policies shall be done only This process shall take only at most one week
after the review of the existing policies has been made

ASSISTANCE AND
PROCESS : FORMULATION OF NEW POLICIES VISITORIAL OFFICE
Draft policies on
Mandate of the monitoring jail
CHRP on Formulate new conditions which
monitoring jail Submission of the
policies to address includes the
conditions Identify the gaps Incorporate these revised policies to
these gaps/issues following:
and issues that new policies to the the Executive
taking into 1. mode of
needs to be existing policies Director for review
consideration the activities to be
addressed in the that will still be by the
recommendations undertaken in
assessment report adopted Commission en
stated in the monitoring jail
Banc
Assessment report assessment report conditions
of the existing 2. frequency of
policies on conducting these
monitoring jail activities
conditions 3. tools to be used
in monitoring jail
conditions/conduct
of jail visitations
A 4. officials/
personnel/team
who will conduct
jail visitations

SYSTEM COMPONENT:
PROCESS:
Formulation of Standards on Jail Conditions
DESCRIPTION
Standards for jail conditions in the Philippines shall be formulated by the CHRP. The standards shall take identify the
humane conditions that must be experienced by the prisoners/detainees while they are inside the jail premises. The
standards to be formulated shall also take into consideration the capacity of the national government to properly provide
for the needs of the prisoners.
PURPOSE
The new standards will be the basis of the CHRP for assessing the jail conditions of the country. The standards will also
serve as a guideline for the agencies or organizations that administers the jails.
INPUTS
1) International standards on jail conditions and treatment of prisoners

2) National Government’s standards and rules on the administration and management of jail facilities
3) The human rights of persons imprisoned/detained in jails
OUTPUTS
1) CHRP standards on jail conditions
WORK PROCESS
1) Review of the international standards on jail conditions and treatment of prisoners

2) Identify the applicability of these standards in the Philippine setting
3) Review the National Government’s standards and rules on the administration and management of jail facilities
4) Identification of human rights standards that will be mainstreamed in the existing standards of the national
government
5) Development of CHRP standards for jail conditions
6) Submission of the standards formulated to the Executive Director for review by the Commission en Banc
7) Finalization of the new standards based on the comments/recommendations by the Commission en Banc
TIMING: DURATION:
The formulation of standards for jail conditions shall be done only after This process shall take about two weeks
proper review and assessment of the existing policies and practices has
been made

ASSISTANCE AND
PROCESS : FORMULATION OF STANDARDS ON JAIL CONDITIONS VISITORIAL OFFICE
International
standards on jail Draft CHRP
conditions and Review the Identification of
Review of the National human rights standards on jail
treatment of Identify the conditions
prisoners international Government’s standards that will
applicability of
standards on jail standards and be mainstreamed
these standards in
conditions and rules on the in the existing
the Philippine
treatment of administration and standards of the
setting
prisoners management of jail National
facilities Government
National
Governments
standards and
rules on the
administration and
management of jail
facilities
Submission of the
new standards
Human rights of Development of formulated to the
A
persons in prisons CHRP standards Executive Director
and detention on jail conditions for review by the
centers Commission en
Banc

Jail Visitation and Monitoring System Executive Director/ Commission en Banc
SYSTEM COMPONENT:
PROCESS:
Approval of new policies and standards for monitoring jail conditions
DESCRIPTION
All policies, standards, and rules formulated by the shall be reviewed and approved by the Commission en Banc. The
Executive Director s responsible for reviewing and preparing recommendations on these policies, standards and rules
before the same is sent to the Commission en Banc for approval.
PURPOSE
The purpose of the approval process is for these instruments to be enforceable not by the CHRP Officials and personnel
but also for other agencies and organizations to comply.
INPUTS
1) Draft policies for monitoring jail conditions

2) Draft standards on jail conditions
OUTPUTS
1) Approved policies and rules for monitoring jail conditions

2) Approved standards of jail conditions
WORK PROCESS
This process will involve the following processes:
1) Review of the draft policies and standards by the Executive Director

2) Executive Director to prepare recommendations or comments on the draft policies and standards
3) Executive Director to forward these draft policies and standards with comments and recommendations to the
Commission en Banc
4) Deliberation on the draft policies and standards by the Commission en Banc
5) If the draft policies and standards are not acceptable to he Commission en Banc, return to the AVO for revision
6) Approval of the draft policies and standards by the Commission en Banc.
TIMING: DURATION:
The approval of these policies and standards shall be This process shall take at most a week
sought first before implementing.

Executive Director/
PROCESS : APPROVAL OF NEW POLICIES AND STANDARDS FOR MONITORING JAIL CONDITIONS Commission en Banc
Draft policies for

monitoring jail
conditions Executive Director Executive Director CHRP standards
to prepare to forward these Deliberation on the on jail conditions
Review of the draft
comments or draft policies and draft policies and
policies and
recommendations standards together standards by the
standards by the
on the draft with the comments Commission en
Executive Director
policies and to the Commission Banc
standards en Banc
Draft standards on
jail conditions CHRP standards
on jail conditions
Approval of the
Revision of the
policies and
policies and
NO Acceptable? YES standards by the
standards by the
Commission en
AVO
Banc

SYSTEM COMPONENT:
PROCESS:
Dissemination of policies and standards to appropriate offices
DESCRIPTION
Policies, standards, and rules adopted by the Commission shall be properly communicated to the offices required to
adopt, implement, and observe the same. The AVO, therefore, shall disseminate the information not just to the Regional
Offices and other offices in the Central Office but also to other offices that administers jail operations. The general public
shall also be informed on this development.
PURPOSE
Dissemination of this information is necessary in order for it to be properly adopted by offices concerned.
INPUTS
1) Approved policies for monitoring jail conditions

2) Approved standards of jail conditions
OUTPUTS
1) Awareness of the public and appropriate offices
WORK PROCESS
This process will involve the following processes:
1) Development of the medium for public awareness

2) Get the cooperation of the different agencies to adhere to these standards through the GCO and NCSMCO
3) Provide copies of approved policies, standards and rules to the different offices of the Commission
TIMING: DURATION:
The process shall be done immediately after policies, This process shall take at most 1 week
standards, or rules of the Commission have been approved.

Executive Director/
PROCESS : APPROVAL OF NEW POLICIES AND STANDARDS FOR MONITORING JAIL CONDITIONS Commission en Banc
Draft policies for

monitoring jail
conditions Executive Director Executive Director CHRP standards
to prepare to forward these Deliberation on the on jail conditions
Review of the draft
comments or draft policies and draft policies and
policies and
recommendations standards together standards by the
standards by the
on the draft with the comments Commission en
Executive Director
policies and to the Commission Banc
standards en Banc
Draft standards on
jail conditions CHRP standards
on jail conditions
Approval of the
Revision of the
policies and
policies and
NO Acceptable? YES standards by the
standards by the
Commission en
AVO
Banc

3-B
DEVELOPMENT OF ADVISORIES
ON JAIL CONDITIONS
1.1.1 As a human rights institution which is independent from all the other agencies and
organizations of the government, the CHRP’s role in protecting the rights of the
prisoners is to advocate through policy advisory to the concerned government and civil
society organizations the plight of the prisoners and the recommended actions
thereon.
1.1.2 Advisories also aims to encourage concerned government and civil society
organizations to undertake corrections and rehabilitation programs that
operationalizes the national and international human rights standards for the handling
of prisoners, and to reorient them on their role in society as participant, contributor and
object of development1.
1.1.3 Advisories will be developed only after proper assessments on the conditions of the
jails and prisoners therein have been made.
1.1.4 Assessment of the jail conditions of jails will be conducted not just for the operations in
jails, but also an assessment of the different offices/agencies concerned in the
correction and rehabilitation of offenders. It shall include a study on the Philippine
Correction System which impacts on the conditions of jails and the prisoners therein.
1.1.5 The assessment shall use a rights-based approached and the methodology may be in
the form of, or a combination of both:
1) Institutional Assessment; and
2) Conduct of Survey of the different jails in the country
2 POLICIES
2.1.1 Assessment of jail conditions which is a pre-condition for the development of
advisories to the different offices/agencies concerned shall be done regularly
depending on the type of assessments to be made.
1
RBA to Development – Design Report, October 2003

2.1.2 Assessment of the overall jail conditions of the country will be done AVO. It may,
however, tap the services of the Regional Offices in conducting review and
assessment of the conditions of the different jails which will be collated at the Central
level in order to come up with an overall assessment of the jail conditions. This shall be
done at least once a year.
2.1.3 The assessment of a particular jail shall be conducted at the regional level.
Considering the resource limitations of the CHRP, assessment of the conditions of
specific jails will be done on a selective basis. The policies for selecting the particular
jails that will be assessed as developed by the CHRP (taken up in the system for policy
formulation) shall be followed.
3 PROCESSES
3.1 Institutional Assessment
3.1.1 An institutional assessment involves the review of the operations and capacities of the
key agencies of the national government involved in the administration and operation
of the Philippine Correction System. It includes a study on the BJMP, BuCor, PNP,
LGUs, Parole and Probation Administration (PPA), and the Bureau of Pardons and
Parole (BPP).
• The BJMP, which is under the DILG, directs, supervises and controls the district,
city, and municipal jails nationwide. It is responsible for the safe custody and
rehabilitation of inmates who are convicted with short-term prison sentence (i.e., 3
years or less) and those who are awaiting judgment by the court.
• The BuCor is mandated to confine persons convicted by the court to serve a

sentence in national prisons; keep prisoners from committing crimes while in
custody; and provide humane treatment to the inmates.
• The PNP directly runs about 61% of the total jail facilities within the jurisdiction of
the BJMP2
• The LGUs works closely with the DILG and provides the requirements of the
provincial, city and municipal jails, in coordination with the BJMP
• The PPA is mandated to administer the parole and probation system of the country,
to decongest jails, reduce recidivism and provide savings to the government.
• The BPP grants parole to qualified prisoners; recommend to the President of the
Philippines the grant of commutation of sentence, conditional pardon and absolute
pardon to ex-convicts; and assist in the rehabilitation of parolees and pardonees.
2
National Survey of Inmates and Institutional Assessment-Final Report, July 2003

3.1.2 All these offices/agencies are part of the Philippine Correction System which impacts
on the operations and conditions of jails and the prisoners therein. A collective study
on these agencies must be done in order to get a general picture and make a holistic
assessment of jails.
3.1.3 An Institutional Assessment has two (2) types of assessment approaches: 1)

Performance Assessment and 2) Internal Capacity Assessment.
3.1.4 The assessment of organizational performance of agencies concerned with the

corrections and rehabilitation activities shall be focused on reviewing performance in
relation to agency mandate and functions and the expected outputs or services that
must be produced to fulfill these.
3.1.5 The internal capacity assessment focuses on the agencies’ internal operating
structure and systems, and addresses the following: “Given the agency mandate and
functions, what internal capacities within the agency should be built in order to
transform it from where it is now to what it should be in the interim and for the long
term?
3.1.6 Analyzing the agencies’ internal capacity will enable the CHRP to properly assess and
recommend measures that could help alleviate the conditions of the jails and
prisoners.
INSTITUTIONAL ASSESSMENT METHODOLOGY
3.1.7 In conducting an institutional assessment, the AVO shall be able undertake the
following activities:
A. Organizing the team that would conduct the institutional study.
The AVO shall be able to organize the team who shall conduct the institutional
study. In order for the AVP to maximize the output of the activity, it must be able
to identify/organize a team that has the following competencies:
1. Knowledgeable in research and research methodologies

2. Knowledgeable in RBA applications
3. Understands organizational and system issues
4. Have good analysis and writing skills
5. Systems-oriented
6. Must be knowledgeable in admin and finance operations
The AVO must be able to properly identify the persons who have these
capacities. They may request the services of some of the personnel from other
central and regional offices who have the required competence to undertake the
said project.

B. Mobilization of the project team
There are six(6) offices that must be studied. The project team must be able to
properly identify the tasks to be undertaken by each individual in the team. Thus,
at the start of the activity, the team must meet and conduct focus group
discussion in order to identify and define the processes to be undertaken, define
the detailed delineation of responsibilities and distribution of tasks, and prepare
a detailed project schedule. This meeting must be spearheaded by the
Assistance and Visitorial Division Manager who will act as the project
implementation manager for the conduct of the study.
C. Conduct initial literature review
The must proceed with an initial review of previous studies made, the laws,
orders and decrees, organizational set-up, operating systems and financial
reports and other pertinent documents needed in order to acquire a deeper
understanding about the particular area of responsibility.
D. Conduct the diagnostic studies
The conduct of the diagnostic studies will focus on the Performance Assessment
and Internal Capacity Assessment.
Performance Assessment
The assessment of organizational performance will focus on the following

performance areas and utilizing effectiveness, efficiency and other indicators.
Overall performance
• Performance in relation to the magnitude of clientele issues that need to be

addressed
• Performance of the reach of the services, in terms of ratios between the
extent of clientele and those actually served
• Performance in relation to the direct outputs produced in relation to level and
mix of resources
Specific areas where performance will also be reviewed
• International linkages
• Local linkages (with various stakeholders)
• Independence
• Accessibility to constituents
• Accountability
• Consistency with the Rights-Based Approach to Development Principles

Performance in Specific Functional Areas
• Internal Management Performance

Efficiency in internal operations
Human resources development
Management of resources
Management-employee relations
Other related internal management performance
Capacity Assessment
Capacity assessment will be done in the context of the following:
• The agency clients, which are the individuals and organizations for whom
agency services are provided, the size of the clients and their needs, other
service providers both from the national government and the private sector
• The institutional framework, which includes the policies, systems and
processes, and organizations
• The government oversight systems, the administrative policies and other
related agencies and their impact on the independence, jurisdiction,
administrative authority and the level and mix of resources
• The external linkages and consultative mechanism established through the
corporate planning activities, the formulation of policies, programs and
projects, among others.
The quality of operating systems will be reviewed on the basis of:
• The delineation of authority, responsibility and accountability and their

translation and consistency with internal and internal-external workflows,
and their implications on the flexibility of operational decision-making
flexibility and on the overall efficiency effects.
• The completeness of the work processes required in implementing the
system and generating the desired outputs.
• The quality of technology supporting operations and their efficiency
implications
The staffing pattern shall be reviewed in accordance with the mix and levels
required and in relation to work content and volume.

The review of financial, physical and technological resources involved:
• Spending patterns and levels. The assessment addresses such issues as

efficiency of expenditures and adequacy of resources to support required
operations.
• Physical resources including capital assets such as land and building and
equipment not directly related to technical operations but involving such
issues as efficiency support.
• Technological resources include the type and level of technology applied in
the implementation of the operating systems and procedures, including
information technology, among others.
The review process shall always be in the light protecting, preserving and
promoting the human rights of persons detained in jails.
E. DEVELOPMENT OF ASSESSMENT REPORT AND RECOMMENDATIONS
Based on the diagnostic study, the project team shall be able to make a report on
the overall assessment of the particular agency studied, the dysfunctions
identified and its resultant effect on the protection and promotion of the rights of
the prisoners.
The assessments for the different agencies studied shall be collated to be able to
get the overall picture of the penal and correctional system. This will then be
used by the AVO in making recommendations so as to improve the operations of
these agencies, thus, promote the human rights of the prisoners.
REGIONAL OFFICE OPERATIONS
3.1.8 The Regional Offices shall also conduct its own institutional capacity assessment
which will be focused on the offices or agencies that are within the Regional offices’
jurisdiction. The study will enable the Regional offices to directly pinpoint the particular
agencies where the inhuman and degrading treatment of prisoners can be directly
attributed to.
3.2 Survey of Jail Conditions
3.2.1 The survey of the prisons facilities and prisoners will also be a good venue for
evaluating the conditions of the prisoners in jails, their awareness and knowledge of
their human rights, the justice system and the legal remedies that should be accorded
to them.
3.2.2 The survey will enable the AVO to properly assess to the conditions of the prisoners
through our the country by getting a representative number of jails to be visited and
evaluated in all regions. The survey will also enable the AVO to focus their study on
issues that concerns human rights of prisoners with uniform applications for all
regions.

3.2.3 The survey on jails will be undertaken by the AVO as the lead for this activity, and its
operating arm will be the regional offices who will conduct the survey as an exercise of
their visitorial powers.
3.2.4 The AVO must be able to properly formulate the objective of the survey, focus and the
scope, and the survey design and implementation strategy, and the methodology for
the processing and analysis of data.
METHODOLOGY FOR THE PREPARATION AND CONDUCT OF SURVEY
3.2.5 In preparing for and conducting the survey, the following steps shall be undertaken:
A. IDENTIFICATION OF PERSONNEL WHO WOULD DEVELOP AND ANALYZE

THE SURVEY INSTRUMENTS
The AVO will spearhead the survey activity through the Assistance and Visitorial
Division Manager (ADVM). The ADVM shall be identify the personnel who will
develop the survey design, including the objectives, focus, scope and survey
instruments, as well the personnel who will develop the analysis and prepare a
report thereon.
In identifying the personnel to be assigned for the activity, the ADVM shall be
guided by the following criteria for competence to handle the assignment:
• Knowledgeable and experienced in the research, research methods, and

development of survey instruments
• Knowledgeable in Rights-Based Approaches to Development
• Knowledgeable in human rights and legal rights and remedies of prisoners
and detainees
• Understands the institutional and legal framework of the agencies and
offices that are part of the correction and penal systems of the country
• Proficient in academic and policy analysis
The person that will be assigned for this activity may be any personnel from the
AVO. The AVO may also tap the services of personnel from the Education and
Research Office (ERO) or Regional Offices who have met the required
competence requirements.
B. DETERMINING THE SURVEY OBJECTIVES, FOCUS AND SCOPE
The surveys that will be conducted by the CHRP shall always be anchored on
the thrust to promote and protect the human rights of the prisoners. Though it
may focus on certain salient issues/subjects that the CHRP would like to address
based on its strategic and operations plan.

The CHRP shall be able to develop the objectives, focus, scope of the survey:
Objectives – the result that the survey intends to attain/accomplish. It is the

purpose for which the survey will be conducted. Generally, the survey will
attempt to generate data on the situation of the persons detained in jails, whether,
prior to or after incarceration.
Focus – as there are many factors that affect the conditions of prisoners in jails,
the survey shall be focused certain issues/areas that the CHR have direct
concern. The focus of the survey may consider, among others, any of the
following:
• the profile of prisoners in the country

• the level awareness of the prisoners on their rights
• the level of general knowledge and understanding of the prisoners on their
legal rights, how is it being attended to, and the status of their cases
• the availability of adequate legal aid for those detainees whose cases are not
yet resolved
• the conditions of confinement in local and national jails
Scope – it is the extent or range for which the survey will be conducted. As there
are about 85,000 inmates detained in different prison facilities all throughout the
country, the CHRP shall be able to properly identify the scope of the survey. The
scope may consider, among others, any of the following:
• the geographical location

• the demographical profile of proposed respondent to the survey
• the number or proportion of prisoners to be interviewed per jail
• the type of jail where the survey will be conducted
• other offices/agencies that may be studied
C. DEVELOPMENT OF SURVEY DESIGN
Based on the objective, focus and scope of the survey, the survey instrument
shall be developed. The survey design shall identify the type of sampling that will
be used (random, stratified, or stratified random), the number of respondents
based on certain criteria that includes socio-demographic, economic, and
geographical variables that are salient in terms of drawing a representative
national sample of respondent detainees.
In order to have uniformity of data to be gathered and thus, meet the objectives,
focus and scope of the survey, the survey instrument shall be in the form of
interview questionnaire which shall be administered by personnel from the
Regional Offices to identified respondent detainees.

The facilities, equipment and statistical/software programs that will be used in

the analysis of the statistical data generated from the survey shall be planned
and included in the design. The communication facilities shall also be identified
to facilitate efficient communication among those who would be conducting the
survey in the field and the central office personnel who would be overseeing the
conduct of the survey.
The survey design shall also include the implementation plan and schedule
which must be followed by all Regional Offices.
D. CONDUCT OF FIELD SURVEY
Once the survey instruments have been designed, reproduced, and

disseminated to the Regions, the filed survey shall be conducted. The field
survey shall be undertaken by Officers in the Regions, preferably, the
Investigators or Lawyers. The Regional Director has the discretion to assign to
the particular personnel in the Region who he/she thinks would be competent
enough to handle the survey.
The qualifications and qualities that will be considered in determining the

competency of the person who will administer the survey shall, at a minimum,
include the following:
• Knowledgeable of the jail condition standards set by the CHRP for adoption
by all administrators of jail facilities
• Knowledgeable on the rights of the prisoners, and the minimum standards
for the treatment of prisoners as set by the UNCHR
• With ability to relate well to the prisoners
The personnel administering the survey instrument shall follow strictly the
procedures as set out in the survey design. Before going to the jails as identified
by the Central office using the sampling methodology adopted, the personnel
who would administer the survey shall familiarize himself with the content and
content requirements of the survey questionnaire. Any issues raised during the
conduct of the survey must be properly answered by the personnel administering
the same.
It would be an advantage if, during the conduct of the survey, a lawyer or an

investigator will go with the personnel identified to conduct it, so that human
rights violations that are eminent in the jail will be investigated on immediately,
any legal queries that the inmates may have will be addressed directly, and any
human rights assistance that the inmates may request for will be put into
consideration immediately. This, however, will not have any bearing on the
eventual analysis of the survey conducted unless it touches on the objectives of
the survey.

E. PROCESSING OF SURVEY RESULTS
The processing of the survey results will be done at the central office using the
methodology and statistical/software programs identified in the survey design to
be the basis for the analysis of survey results.
Thus, following the activity implementation scheduled as designed, the Regional

Offices shall forward the accomplished survey instruments to the AVO. The AVO
shall then collate all the survey results and process the same using the
methodology designed.
For the processing of these survey results, the AVO may tap the services of the
Information Systems Division (ISD) of the Strategic Development and Planning
Office (SDPO).
E. ANALYSIS AND PREPARATION OF REPORTS ON THE RESULTS OF THE

SURVEY
The analysis of the survey results shall be undertaken by persons identified at

the onset of the activity. The analysis and the reports to be prepared shall be
using regional and national perspective. The reports for the Regional Offices
shall be communicated to the Regional Offices concerned. The report that is
national in scope will be a collective analysis of the regional offices’ reports.
3.3 Development Of Advisories
ADVISORIES BASED ON INSTITUTIONAL ASSESSMENT
3.3.1 The institutional assessment study will be the basis for the CHRP in developing the
advisories for the national government, the different agencies within the system of
correction and penal system, and the general public.
3.3.2 The advisories should highlight the following:
• the plight of the prisoners: their conditions within their detention cells,
• the management and the manner of treatment of jail administrators and jail guards
to the prisoners,
• the performance of the different agencies: BJMP, BuCor, PNP, PPA, BPP, LGUs
• the recommended actions that must be undertaken by the agencies involved in
order to uphold the rights of the prisoners

ADVISORIES BASED ON SURVEYS CONDUCTED
3.3.3 The report on the analysis of the survey will be the basis for the CHRP in developing
the advisories for the national government, local government units, agencies and other
offices that have impacts on the operations of jails throughout the country, as well as
for the awareness of the general public.
3.3.4 The report on the analysis of the Regional Offices shall also be used by the Regional
Offices in developing its own advisories to be addressed by the Local Government
Units and other regional/division/district offices of government agencies that are part of
the correction and penal system of the country, or those offices that have direct impact
on the conditions of prisoners.

3-C
INVESTIGATION OF HUMAN RIGHTS VIOLATIONS
IN JAILS
1.1.1 Investigation of human rights violations is within the scope of the Legal and
Investigation System under the Legal and Investigation Office (LIO). However, for
human rights violations committed in jails, the Assistance and Visitorial Office (AVO)
has a role to play as the jail visitorial services is under the ambit of its functions.
1.1.2 The role of the AVO, however, is only that of a facilitation work. The act of investigating
the human rights violations as reported committed in jails will follow the Systems for
Investigations, a separate design report for the LIO.
1.1.3 This section of the report will therefore focus on the activities that will be undertaken by
the AVO and its operating arm in the Regional Offices, in facilitating the conduct of
investigation in jails.
1.1.4 This system for investigation of human rights violations committed in jails is composed
of policies and processes shall be followed by the AVO and the Regional Offices in
facilitating jail visitations for conducting investigations of human rights violations cases
in jails.
2 POLICIES
2.1.1 Investigation activities shall be undertaken by LIO counterpart in the Regions. The role
of the AVO is to provide guidance and facilitation so that the investigation of human
rights violations in jails will be more efficient.
2.1.2 Actual conduct of jail visitations shall be done by the Regional Offices, except for
celebrated cases where the Commission En Banc may request the AVO to conduct the
actual investigation in jails.
2.1.3 Preliminary investigations must be done first before actual investigations in jails to
identify who would be included in the team that will undertake the jail visitations.
2.1.4 Only Civil and political rights violations shall be attended to by the CHRP.

3 PROCESSES
3.1.1 The following process shall be followed in undertaking human rights violations in jails.
Jail Visitation and Monitoring Service Regional Office
SYSTEM COMPONENT:
Investigation of Human Rights Violation committed in Jails
PROCESS:
Preliminary investigation on the alleged human rights violation in jails
DESCRIPTION
This activity involves the review of the human rights violation complaint based on oral interviews and documents
submitted by the complainant.
PURPOSE
The preliminary investigation shall be done in order to establish the probability of human rights complaint.
INPUTS
1) Complaints by walk-in complainants

2) Reports from various sources
OUTPUTS
1) Preliminary investigated human rights violation case
WORK PROCESS
The report on the System for Investigation details the steps in conducting preliminary investigations which shall be
followed by the Regional Offices.
TIMING: DURATION:

SYSTEM COMPONENT:
PROCESS:
Conduct of Jail Visitation
DESCRIPTION
This process will involve jail visits by an organized team to assess whether there is indeed a human rights violations
violation as complained and established during the preliminary investigations. The conduct of jail visitation shall include
interviews with the jail management, jail guards, and inmates and ocular inspection of the site. The group conducting he
jail visitation must be very thorough to properly address the human rights violation issue inside the jails.
PURPOSE
The purpose of jail visitation is to validate the allegations made by the complainant or as stated in the reports.
INPUTS
1) Human rights violation complaint that had undergone preliminary investigation
OUTPUTS
1) Assessment of the complaint
WORK PROCESS
The conduct of jail visitation will involve the following:
1) Organizing the team who will conduct the jail visitation. This group may be composed of an investigator, lawyers, or
doctors, depending on the complaint of the family or friend of the alleged victim of human rights violation.
2) Ocular inspection of the jail premises to establish if the prisoners are living within the standards for jail conditions
and treatment of prisoners set by the CHRP and the other international organizations to which the national
government must adhere to.
3) Interview with the jail management and other inmates to validate the complaints of the family or friends of the
prisoner whose human rights are alleged to be violated.
TIMING: DURATION:

SYSTEM COMPONENT : INVESTIGATION OF HUMAN RIGHTS VIOLATION COMMITTED IN JAILS IMPLEMENTING OFFICE:
PROCESS : CONDUCT OF JAIL VISITATION REGIONAL OFFICE
Conduct ocular Interview the jail

Human rights inspection in jail management to
violation complaint premises to validate the
that had establish if the complaints of the Assessment of the
Organize the team
undergone prisoners are living family or friends of complaint
who will conduct
preliminary within the the prisoners
jail visitation
investigation standards for jail whose human
conditions and rights are alleged
treatment of to have been
prisoners violated

SYSTEM COMPONENT:
PROCESS:
Preparation of the assessment report/advisory to the government
DESCRIPTION
Based on the complaint, the result of the preliminary investigation and the conduct of jail visits, the Regional Office shall
prepare an assessment report regarding the human rights violation inside the jails.
PURPOSE
The purpose of this process is to make the public and the concerned government authorities become aware of the plight
of the prisoners inside the jails.
INPUTS
1) Human rights violation complaint

2) Result of the preliminary investigation
3) Result/findings on the jail visit
OUTPUTS
1) Assessment report on the human rights violation case filed
WORK PROCESS
The development of the assessment report will involve the following processes:
1) Preparation of the assessment report by the regional office concerned

2) Furnishing a copy of assessment report to AVO
3) Develop advisory for the local government units
4) Review of the advisory by the Commissioner-in-Charge
5) Providing advisory to local government units and the national government
TIMING: DURATION:

PROCESS : PREPARATION OF THE ASSESSMENT REPORT/ADVISORY TO THE GOVERNMENT REGIONAL OFFICE
Advisories to the
Human rights Review of the the National
Furnish the AVO a Develop advisory
violation complaint Prepare the advisory by the Government and
copy of the for local
assessment report Commissioner in the general public
assessment report government units
Charge
Result of the
preliminary
investigation
Provide advisory
Results/findings of to local
the jail visit government units
and the national
government

SYSTEM COMPONENT:
PROCESS:
Provision of assistance to the victim
DESCRIPTION
Based on the investigation, when the human rights violation has been established, the Regional Office shall be able to
determine the type of assistance needed by the victim. The CHRP has various assistance program under its human
rights assistance program which it can cater to the victims of human rights violation and their families. The assistance
may be in the form of financial, legal or medical assistance.
PURPOSE
The purpose of this process is to help alleviate the suffering of the victim caused by the human rights violation committed
in jails.
INPUTS
1) Human rights violation case

2) Request for assistance by the victim or family
OUTPUTS
1) Human rights assistance
WORK PROCESS
The provision of assistance will involve the following:
1) Determination of the type of assistance to be accorded to the victim

2) Identifying the organization that can assist the victim
3) Provision of assistance to the victim of human rights violation
TIMING: DURATION:

PROCESS : PROVISION OF ASSISTANCE TO THE HUMAN RIGHTS VICTIM REGIONAL OFFICE
Human rights Determine the type Identify the Provide assistance

violation case of assistance to be organization that to the victim of Human rights
accorded to the can assist the human rights assistance
victim victim violation
Request for
assistance by the
victim or family

3-D
MONITORING AND EVALUATION
1.1.1 The system for monitoring and evaluation is composed of policies and processes for
the proper reporting and monitoring the jail visitation activities of the CHRP.
1.1.2 It also includes the various considerations for assessing the performance and
effectiveness of the jail visitation services of the CHRP, how the different agencies and
LGUs respond to the advisories of the CHRP, and how it, in general, help alleviate the
plight of the prisoners.
2 POLICIES
2.1.1 Regular monthly reporting shall be submitted by the Regional Offices to the AVO for
jail visitations conducted to address human rights violations in jails.
2.1.2 Surveys and institutional studies conducted by Regional Offices as advised or ordered
by the AVO shall be submitted by the Regional Offices to the AVO on the timeline set
by the survey methodology and institutional study methodology.
2.1.3 The AVO shall collate the submissions of the Regional Offices and make an analysis
thereon.
3 PROCESSES
3.1.1 The monitoring and evaluations system is composed of three items.
a. Submission of regular reports by Regional Offices to the Central Office for jail
visitation activities
b. Monitoring of the actions/responses of the government agencies to the
advisories made by the CHRP
c. Reporting of jail conditions to national government agencies and other
international institutions/agencies.

SUBMISSION OF REGULAR REPORTS BY REGIONAL OFFICES TO THE

CENTRAL OFFICE FOR JAIL VISITATION ACTIVITIES
3.1.2 The following format is proposed to be used by the Regional Offices in reporting jail
visitations conducted to address a particular human rights violations is jails.
COMMISSION ON HUMAN RIGHTS

Region ____
Report of Investigated Human Rights Violations in Jails
Date ______________
Cases Filed Findings Actions Taken
Referred to Remarks
Type of Without human With human Provided other Advisories
No.
Case rights violation rights violation Assistance Offices/ Prepared
Agencies
Prepared by: Approved by:
_______________________ ______________________
Protection and Monitoring Division Regional Director

3.1.3 These reports by the Regional Offices shall then be collated by the AVO at the Central
Office.

Assistance and Visitorial Office
Report of Human Rights Cases in Jails
Date ______________
Cases Filed Findings Actions Taken
Referred Remarks
Without Human With Human
Provided to other Advisories
Region No. Rights Rights
Assistance Offices/ Prepared
Violation Violation
Agencies
TYPE OF CASE
Region 1
Region n
TYPE OF CASE
Region 1
Region n
TYPE OF CASE
Region 1
Region n
__________________________________ ___________________________________
Assistance and Visitorial Division Manager AVO Director
MONITORING OF THE ACTIONS/RESPONSES OF THE GOVERNMENT

AGENCIES TO THE ADVISORIES MADE BY THE CHRP
3.1.4 The government offices’/agencies’ responses to the advisories made by the CHRP
shall be regularly monitored by the AVO and the Regional Offices in their
corresponding jurisdictions.
3.1.5 At the Regional Offices, monitoring of agencies’/offices responses to the advisories of

the advisories made by the CHRP-RO can be done by regularly checking out the
performance of the agency or office to which the advisory is addressed. This shall then
be reported to the Central Office on a quarterly basis.

3.1.6 The following format shall be used by the Regional Office in preparing a report to the
Central Office:

Region ____
Quarterly Report on Actions taken by Offices/Agencies on CHRP Advisories
Date ______________
ADVISORIES RESPONSES
OFFICE/
NO. DATE ISSUE RAISED DATE ACTION TAKEN
AGENCY
______________________________________ ____________________________________
Protection and Monitoring Division Regional Director
3.1.7 The AVO shall consolidate all reports prepared by the Regions on the status of CHRP
advisories. It shall also prepare the same report using the same format on
Advisories/issuance prepared by the Office and how the offices/agencies responded
to it.
3.1.8 The reports prepared by the Regional Offices and the consolidated reports will show
the picture of how well the CHRP is doing, how it is able to influence the agencies of
the government, and how the program for jail visitation is effectively performing.
3.1.9 The following proposed indicators may be used to assess the performance of the
CHRP and the effectiveness of the program:
PERFORMANCE OF THE CHRP
• The ratio of resolved human rights violation cases in jails against total human
rights violations in jails
• The number and type of assistance provided to victims of human rights violations
in jails against total human rights violations cases in jails that requires assistance
• The number of advisories raised to offices/agencies for human rights protection
and promotion issues against the number of responses made by the
offices/agencies

EFFECTIVENESS OF THE PROGRAM
• The impact of the advisories made by the CHRP – this can be measured by
following up/review/comparing the results of the institutional studies prepared the
previous year and the results of the institutional study this year
• The impact on the jail conditions as a whole based on the survey. The following
shall be noted:
the actual number of inmates against the capacity of the prison facilities
the overall assessment on the basic facilities of the prison – are there
improvements on the light, water, and sanitation of prison cells?
the increase/decrease on the number of human rights violations in jails
the level of awareness of the prisoners/detainees on their individual rights as
prisoners

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Strengthening the Capacities

of the CHRP for the Promotion

Komisyon ng Karapatang Pantao

3 DETAILED SYSTEMS DESIGN

3A POLICY, STANDARDS AND RULES FORMULATION

3B DEVELOPMENT OF ADVISORIES ON JAIL CONDITIONS

3C INVESTIGATION OF HUMAN RIGHTS VIOLATION IN JAILS

3D INVESTIGATION OF HUMAN RIGHTS VIOLATION IN JAILS

CPRM CONSULTANTS, INC. I

1 RIGHTS OF THE PRISONERS

a. That all prisoners have the right to be treated in a humane manner;

CPRM CONSULTANTS, INC. 1

m. That Asian governments be pressured to observe international instruments to

CPRM CONSULTANTS, INC. 2

2 CHR’S ROLE ON THE CONDITIONS OF JAILS AND

2.2 Roles in Relation to Government

2.3 In Relation to Social Forces (NGO’s, Academe, and Other HR

2.3.1 “Mobilizer”, coordinator and or contributor of resources for research and

2.3.3 Collaborator/partner in the program design and implementation.

CPRM CONSULTANTS, INC. 3

3 ORGANIZATION OF THE REPORT

3 DETAILED SYSTEMS DESIGN

POLICY, STANDARDS AND RULES FORMULATION

CPRM CONSULTANTS, INC. 4

1 ESTABLISHING AN ASSESSMENT METHODOLOGY FOR

CPRM CONSULTANTS, INC. 5

2 JAIL VISITATIONS TO BE CONDUCTED TO ADDRESS A

3 ESTABLISHING PROCEDURES FOR THE CONDUCT OF

a. The frequency of jail visitations

4 SETTING-UP OF REPORTING AND MONITORING

CPRM CONSULTANTS, INC. 6

5 STRENGTHENING CAPACITIES OF CHR PERSONNEL

CPRM CONSULTANTS, INC. 7

a. Policy, Standards and Rules Formulation – this component covers the

b. Development of Advisories on Jail Conditions – this component will detail

c. Investigation of Human Rights Violations Committed in Jails – this system

CPRM CONSULTANTS, INC. 8

3 SYSTEMS DESIGN FRAMEWORK

SYSTEM FOR JAIL VISITATION AND MONITORING

Institutional Survey of Jail

CPRM CONSULTANTS, INC. 9

CPRM CONSULTANTS, INC. 10

CONSIDERATIONS IN POLICY FORMULATION

A. FORMULATING POLICIES FOR JAIL VISITATIONS

2.2.8 The procedures to be developed as will be embodied in policy statements to be

a. Frequency of the Visits to jails and prisons;

2.2.9 These must be communicated to the agencies involved to ensure efficiency in

B. QUALIFICATIONS AND QUALITIES OF PERSONNEL IN-CHARGE IN JAIL

CPRM CONSULTANTS, INC. 11

SYSTEM: IMPLEMENTING OFFICE:

Jail Visitation and Monitoring System Assistance and Visitorial Office

Policy, Standards and Rules Formulation

1) Mandate of the CHRP on monitoring jail conditions

1) Study the existing policies of the CHRP in monitoring jail conditions

CPRM CONSULTANTS, INC. 12

SYSTEM : JAIL VISITATION AND MONITORING

SYSTEM COMPONENT : POLICY, STANDARDS, AND RULES FORMULATION IMPLEMENTING OFFICE:

INPUT PROCESS OUTPUT

CPRM CONSULTANTS, INC. 13