CHR expresses concern over strip search of political prisoners’ female kin

MANILA, Philippines – The Commission on Human Rights reminded jail authorities on Thursday to comply with international rules after a family member of a political prisoner was subjected to a strip search without consent.

The CHR cited provisions in the United Nations Standard Minimum Rules for the Treatment of Prisoners, or the Mandela Rules, that forbids the use of security searches to “harass, intimidate or unnecessarily intrude upon a prisoner’s privacy” and that “intrusive searches shall be conducted in private and by trained staff of the same sex as the prisoner.”

The human rights body also reminded the Bureau of Jail Management and Penology (BJMP) to adhere to its own guidelines on strip searches of persons entering jail premises.

"It is with these general international standards in mind that the [CHR] expresses grave concern regarding the alleged strip search of relatives of political prisoners in Metro Manila District Jail Annex 4 at Camp Bagong Diwa, Bicutan City," it added.

This came after Bona Fides Lusania, daughter of a political prisoner, filed a complaint with the human rights body after jail custodians allegedly manhandled her without informing her of her rights or asking her to sign a waiver for the search last January 8, according to the CHR.

During Lusania’s visit, she was “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,” the human rights body said. 

“Further, the food items they brought in transparent containers were also spliced open and poked with used sticks,” CHR added.

Kapatid, an advocacy group for political prisoners, said in a statement January 13 that Lusania was subjected to a strip search in a small room without a curtain and door.

“They asked me to remove my small shirt up to my chest. While they were groping my bra, I felt awkward and embarrassed because these were being done in the presence of guards from outside,” Lusania said in Filipino based on Kapatid’s statement. “I just ducked my head (out of shame).”

Kapatid also cited another incident where the wife of another political prisoner was forced to pull up her bra “while the padding was squeezed.” 

Kapatid spokesperson Fides Lim said this is the first time after about five years that female kin of political prisoners experienced strip search anew at the Metro Manila jail facility.  

Warning jail authorities not to target family members of political prisoners, CHR said that security searches should be done “professionally in the designated search room” and supervised by personnel, according to Mandela Rules and the Bureau of Jail Management and Penology (BJMP) own guidelines.

The human rights body added that “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.”

CHR also reminded authorities to adhere to laws on the Magna Carta of Women and Anti-Violence Against Women and their Children during searches. 

Women’s rights organization GABRIELA called out jail authorities last January 13 to refrain from subjecting family members and visitors of political prisoners to “inhumane and degrading” strip searches.

“Political prisoners are in jail mostly on trumped-up charges. Many are victims of political persecution and do not engage in any illegal activities such as the drug trade,” GABRIELA said.

CHR added that it will continue to “look into these allegations to ensure that searches are conducted in a manner intended for its purpose, but with utmost respect to individual dignity and privacy.”