Institutional corrections in the philippines ppt

Reedley International School

Senior High School Department

SY 2019-2020

Prisons: Perceptions of Non-Government Organizations on the Living Conditions in City Jails in Metro Manila

Dominique Bills

Liam Bernal

Jean Pierre Evasco

Julian Ram Gavieta

Sophia Ysabel Magnayon

12 - Leonardo da Vinci

English 5: Qualitative Research

Ms. Karen Olivia Patriarca

31 January 2020

CHAPTER I

Introduction

A. Statement of the Problem

The jails found within the Philippines have been enlisted as one of the world’s worst jails. Previous studies have shown that 518 individuals sleep in spaces provided for 170 people. According to a researcher, Dr. Raymund Narag, The Philippines is officially the most overpopulated correctional institution in the whole world in which persons deprived of liberty (PDLs), the inmates, are over-congested up to 1000 percent (Sorita).

In 2017, a total of 146,302 individuals were living in the prison facilities of the country, which exceeded the maximum capacity of 20,653 (Ayalin). Ever since President Rodrigo Duterte won the presidential election on May 9, 2016, the population of persons deprived of liberty (PDLs) increased by 512%. This increase was caused mainly due to the apprehension of drug dealers and users. The President of the Philippines focused on going against drug usage; therefore, most of the people arrested were people related to drug usage. The emergence of jail congestion gave way to many infectious diseases spread amongst some PDLs.

According to the Bureau of Jail Management and Penology, PDLs are mainly suffering from skin and lung illness that can lead to diseases such as tuberculosis, bronchial asthma, respiratory tract infections, and more (Chavez). Because of this, the Republic Act No. 10575, which is entitled The Bureau of Corrections Act of 2013, states that PDLs have a right to medical and health services, proper facilities and equipment, rehabilitation programs, and visitation. Despite the claims of the government of giving certain rights, the situation within the prison grounds is still below the acceptable conditions due to the widespread of diseases and lack of space. Though PDLs are deprived of the free world, they are not deprived of their rights. These rights include the freedom to exercise their chosen religion and freedom from physical and mental abuse.

B. Purpose of the study

The intended result of this research is to raise awareness concerning the current state of city jails in Metro Manila. The outcome will determine whether or not the PDLs are receiving proper and appropriate housing and care that corresponds well with the 1987 Philippine constitution. The researchers will benefit from the study by learning from the past experiences of members of the organization and gain knowledge regarding the issues that are occurring inside the jail. This research would also benefit the society to remove their stigma about the current state of the PDLs. Most importantly, this paper will serve as a proof to the world that the living conditions of PDLs are a problem that can be solved with the help of all countries. The main point for prisons is rehabilitation. Even though they have committed certain crimes, they are still people with rights. Most of the crimes of the PDLs are related to the poverty of a country. Multiple scholarly disciplines have observed that poverty and crime go hand in hand (Papaioannou). Therefore, it would be hard to say that they are at fault, and that rehabilitation and help are what PDLs need. If rehab is what they need, then the environment of the place the PDLs are staying in should at least be habitable. Once a PDL has finished their time in prison, it would be hard for them to adjust back to society if the prison they were staying in was an unhealthy environment. This paper hopes to raise awareness and encourage government officials to reform the current standards of prison life in order to improve the situation of the country.

C. Research Questions and Hypotheses

The objective of this research is to collect data and answer the following questions:

1. How are PDLs treated in regards to their physical and mental health?

Hypothesis: PDLs who are not provided with proper healthcare will have contact with certain viruses and diseases that can spread from one individual to another that may affect their physical health; furthermore, overcrowding, which results in violence and lack of privacy, can affect their mental health.

2. How do prisons handle limited access to facilities/equipment in improving their prison management?

Hypothesis: The volunteers can improve prison management in some Non-Government Organizations. They will help organize and provide basic needs in developing the proper standards of the system.

3. How does having different gangs in the prison affect the PDLs?

Hypothesis: Conflicts such as territory wars and disputes over disagreements between different gangs within the prison can affect all PDLs through violence. PDLs can suffer fatal injuries as collateral damage of the fights.

4. What certain activities/counselling do PDLs go through under the rehabilitation program provided by the jails and what would be the effects?

Hypothesis: PDLs undergo a remedial course that can help their mentality to be able to continue living in a healthy society after their release. Physical therapy would also be used for special situations whenever PDLs would need it.

D. Scope and Delimitations

The inadequacy of local city jails in the Philippines, specifically penitentiaries in Metro Manila, is one of the significant flaws in the penitentiary system in the Philippines. The reason behind this study is to spread awareness to citizens that could improve the situation of Philippine Jails. The researchers will gather information by conducting surveys and interviews specifically in non-government organizations; furthermore, the group will coordinate to interview persons deprived of liberty (PDLs) and experts about the factors and effects of living inside a prison. Because of the safety measures for the researchers, the study will be conducted in Pasig City, specifically in the Humanitarian Legal Assistance Foundation, Inc. (HLAF), and recognize the volunteers’ experiences and knowledge in penitentiaries. This study will be conducted from November 2019 to January 2020. In partnership with HLAF, the researchers may schedule an appointment in conducting their research in Tagaytay City Jail sometime in January 2020. The results from the previously mentioned data gathering that could occur in Tagaytay City Jail and that of HLAF is only limited to the effects of living conditions on the PDL’s physical and mental well-being, specifically, their rights to medical and health services, rehabilitation programs, visitation and mail services, and free legal services and materials which pose threats to their safety, health, and lifestyle. Instead of focusing on the statistics and facts given by the personnel in accordance with the status of living in penitentiaries, the research will focus on the perception of the PDLs inside the prison, whether they receive proper treatment or not.

This research study will not discuss nor further expound on the allocated budget for prisons, government corruption, drugs, and the PDL’s biography. This paper will not collect data outside Metro Manila. Some topics that may be discussed when the research team interviews the head volunteer from HLAF may not be expounded on in this paper because of confidentiality reasons. This is because of safety precautions.

E. Definition of Terms:

· Bureau of Jail Management and Penology (BJMP) - An agency responsible for supervising and controlling the administrators of all types of jails in the Philippines

· Living Conditions - The circumstances or items needed for a person to survive

· Equipment/Facilities - Items and places provided for a particular purpose

· Physical Wellbeing - The state of a person’s ability to perform tasks

· Medical and Health Services - Services such as but not limited to (examples of services) that are provided to ensure the health of one’s person

· Rehabilitation Programs - A course of treatment to restore the morality and physical conditions of PDLs

· Persons Deprived of Liberty (PDL) - A legal term used for inmates

· Inmates - People who are kept in prisons

· Humanitarian Legal Assistance Foundation (HLAF) - A non-government and non-profit organization that volunteers to improve the situations within the jails of the Philippines

CHAPTER II

Review of Related Literature

This study discusses overcrowding, physical and mental health, health risks in penitentiaries, and inmate leaders. It includes the effects it has on prisoners and the reality that inmates have to face when living in penitentiaries. The following articles provide a brief discussion of the situations inside jails from different countries.

A. Overcrowding

The study was written by Craig Haney entitled “The Wages of Prison Overcrowding: Harmful Psychological Consequences and Dysfunctional Correctional Reactions,” which explains how overcrowding physically drains the detainee and at the same time, heightens the level of cognitive strain the prisoner may be feeling and induces stress. Haney also introduced the concept of “double ceiling,” which is what prisons do to accommodate new detainees when there is no available cell for them. They transfer a current inmate into a cell that is made for a single person. This concept shows how it violates fundamental standards of decent housing, health, and institutional security.

An example of a penitentiary that follows and goes above the basic standards is that of the Prison de Champ-Dollon in Geneva, Switzerland. The establishment was previously known for being overcrowded, but since its renovation, the rooms are more than enough for the detainees. The newly refurbished residences in Champ-Dollon boasts of spacious triple-occupancy cells that include an attached bathroom. There are available facilities such as food courts and gyms, which allow the inmates to feel like they are living in the free world. These conveniences have produced promising results and have helped rehabilitate the inmates. These developments included harmony among the detainees, and their daily routine became more productive and convenient for the inmates. The before mentioned Prison de Champ-Dollon overcame the issue of overcrowding. The number of regular beds increased from 380 to 400 which solved the lack of beds. The prisoners were able to transfer and have their own personal space. Another issue that was solved was the issue of the lack of facilities for inmates with psychiatric problems. There were 92 inmates who were suffering from psychiatric problems and whose problems were not being addressed (Shruti). The penitentiary was able to expand and provide the inmates with 150 cells, specially made for those with psychiatric problems.

The paper examines the effects of overpopulation in cells on the inmates’ physical and well being. It is known to be the main cause of ill health and misconduct among the detainees (Gaes). Due to the level of stress that they are under, they can respond in a negative way by reacting to physical assaults among prisoners. Not only do these inmates harm their fellow detainees, but the personnels in charge, guards on duty, and themselves as well. Since over congestion is a problem, the officers in charge are not capable of isolating those who deviate from the rules and regulations because there is nowhere to confine them in. This builds up more anger and divergence among the inmates who only frustrates and mentally drains both the detainees and the person in charge.

The presented review of related literature, discusses the causes and effects of overcrowding. It explains how not only does it harm the detainees experiencing over congestion, but everyone in the said community as well. It also explores the effect overcrowding has on the mental health of the inmate and how it affects his or her performance in being able to complete mandatory tasks set for their daily routine in their respective penitentiaries. It also mentions how overcrowding can be linked to certain diseases and how the penitentiary deals with circumstances like such. The study was also able to touch on how officers in charge respond to the violence or deviation that an inmate presents. This is relevant to the present study because it discusses the situation in a certain penitentiary that experienced the same problems that the jails in Metro Manila have experienced.

B. Physical and Mental Health

The book entitled “ Prisons and Health,” published by the World Health Organization, mentions the development of health risks of inmates. The objectives of this study are to organize an improvement of the health care in the fields of (1) human rights and medical ethics, and (2) non-communicable diseases

(1) Human Rights and Medical Ethics

There are two reasons as to why healthcare is essential to prisoners. One is that the overcrowding population of detainees may cause a life-threatening situation to the other inmates who may be contaminated by certain viruses or diseases. Another is that prison healthcare reduces health inequalities. Since the majority of the detainees are impoverished, their entrance to jails may be their first time to be provided with proper healthcare. (World Health Organization, 2. )

An example of a prison that executes appropriate standards of medical healthcare allocated for the detainees is in Europe. A system in Europe was implemented in which some members of the WHO health in Prison Project are also part of the Council in Europe. On January 11, 2006, they formulated a new set of prison rules to aid in healthcare in prisons. Every prison must be required to have at least one medical practitioner and have other personnel with medical experiences. Moreover, the staff who are responsible for prison health must also be accountable for the food, water, hygiene, sanitation, clothing, and more. The European Prison Rules also require special treatment for the detainees who are mentally ill. Because of the change in the system, prisoners currently need proper healthcare, especially to the ones which have longer sentences in jails that could possibly die in old age. Furthermore, the rationale for having the change in the European Prison Rules is for proper and humane treatment for the inmates. (World Health Organization, 9.)

In 2013, according to the World Health Organization and the United Nations Office on Drugs and Crime (UNODC), inmates must share the same right to health care access as to other citizens. The health care services for the prisoners must be provided for the detainees and must not be implicated in the punishment of the prisoners.

(2) Noncommunicable diseases

A non-communicable disease, also known as chronic illness is a disease that does not transmit from one individual to another. It is a mixture of genetics, physiological, environmental, and cultural factors. An example could be high blood pressure, heart diseases, obesity, etc. (World Health Organization)

A number of detainees are experiencing physical and mental health issues in penitentiaries. Certain studies have concluded that inmates have higher chances of undergoing poorer mental health than regular people in the community. (World Health Organization, 88.)

In 2006, another study by Prisons and Health published by the World Health Organization talked about the mental well-being of inmates. A study in which five jails in the United Kingdom interviewed 100 prisoners by consulting them with their mental health problems. The PDLs involved men, women, and juveniles. Similar results to men, women, and the juvenile had shown that some had severe and moderate mental health issues. Many of them had common mental problems such as having a history of unemployment, poor education, substance misuse, poor life and social skills, poor general health, past life trauma, and poor access to stable housing. Another problem that impacted the mental health conditions of inmates in jails is overcrowding, various forms of violence, lack of privacy, isolation from social networks, insecurity about social aspects, and inadequate health services. The following solutions were then resolved with the following: talking to a counselor, preparing for their release, something meaningful to do, helping in a crisis, doing therapy and medication, and making advocacy. The following results had shown that many inmates formed good relationships with their counselors, the progress of caring more, aware of the side effects of their medication, concerned about their issues, and accepting of being in therapy.

Another study entitled Prevalence of Risk Factors of Noncommunicable Diseases Amongst Female Prisoners of Pakistan talks about the risk factors of noncommunicable diseases regarding the physical well-being of inmates, which were surveyed in four jails in Pakistan. The study was conducted by interviewing female inmates regarding their BMI and their health issues due to the use of tobacco, fruit intake, and oil consumption. The reason behind these health issues are one, the cultural setting of Pakistan is the overuse of Paan, a composition of betel leaf with areca nut often used for tobacco. Another is that the penitentiaries in Pakistan have limited menus to nutritional meals, specifically the availability of fruits, and lastly, because some of the jails in Pakistan do not meet the dietary standards, sedentary lifestyle, and family history of food intake are common in the country. The results had shown that 14.5% Pakistani girls have a higher percentage of tobacco intake than female prisoners in the United States and India; furthermore, out of 269 female inmates, 190 women do not eat fruits every week, resulting in a higher percentage of noncommunicable diseases. Lastly, due to the overconsumption of oil in jails, the results had shown that only 125 individuals have normal BMI while the rest are found to be either obese or overweight. (Mukhtar, Salina.)

This related literature may help improve the researchers’ study in terms of knowing more knowledge and information regarding the problems occurring in Metro Manila jails. Because overcrowding population is one of the main problems in penitentiaries, certain life-threatening diseases can occur to one another. A current study in Europe can somehow be implemented in the Philippines in order to build a better quality for proper health care and be provided with more personnel with medical experiences. Another significant factor that can help this study is to give importance to the mental wellness of each inmate in order for them to improve their mental state.

Moreover, because Pakistan has a higher risk of experiencing noncommunicable diseases due to the overuse of tobacco, less fruit intake, and overconsumption of oil, a solution that can help the detainees receive proper health care can be in the form of promoting health advocacies. This process can be achieved by the help of national and local levels to gain support in providing healthcare.

C. Health Risks in Penitentiaries

Another research paper entitled “Health Conditions and Prisoners: A Review of Research and Emerging Areas of Inquiry” is written and studied by four researchers; James W. Marquart, Dorothy E. Merianos, Jaimie L. Hebert from Sam Houston State University, and Leo Carroll from the University of Rhode Island. The research paper describes the current situation in almost all prisons in different countries and the problems and risks that the inmates might face in the future. The management of the prison is one of the main issues that has not been addressed yet. This research paper believes that most inmates can bring a constellation of health risks and hazards to the prison. Due to this problem, illnesses and diseases can quickly spread throughout the prisoner population, and the dirty environment of the prison would add to the problem.

The data was produced by analyzing inmates by interviewing them and segregating their answers through a chart (Marquart). The researchers conducted in-depth background research on each inmate. They were able to do this by For them to analyze further and better assess whether a detainee’s disease has been with him/her ever since or was caused by a virus that has been spreading inside the penitentiary.

Each prison in the United States of America contains roughly one million prisoners, way more than the optimum number of prisoners each jail could hold, each cell is only capable of containing 246, 000 inmates (Merianos). As the health of the American men and women continues to decline, this applies to prisoners twice as much. In accordance with this, a different study, confirms that cases of HIV (Human Immunodeficiency Virus) among US citizens are around 18 per 100,000 people, while the cases with prisoners are about 362 per 100,000 prisoners. Due to the over congestion and lack of facilities, inmates are more prone to diseases and infect each other more compared to when they are separated. The environment in which each detainee is placed in affects their mental and physical well-being. The inmates are more prone to various airborne diseases. This shows that the environment of the prisons and their management directly affects the physical health of the prisoners.

In this research paper, the main agenda is to find out if inmates that were recently brought in could bring diseases with them from the outside world, into the prison, mainly health risks. Using this research paper, and its information, the research group, now know what the basic settings of the prison are, and what kind of interview questions can be relevant and helpful when asking the inmates for future reference. One of the main problems addressed in the research paper is the overpopulation and spread of diseases within the prison. Due to the poor management of the inmates and the prison environment, diseases can easily spread, causing chaos and suffering for the inmates. This information helps researchers find the root cause of the problem, therefore, allowing us to have a more in-depth knowledge of what goes on in a conventional prison.

D. Inmate Leaders

The research created by Raymund Narag and Clarke Jones named "Understanding Prison Management in the Philippines: A Case For Shared Governance" gives a brief explanation of the management system in jails in the Philippines. The national agencies in the Philippines forbid to have inmate leaders in their jails. However, due to overcrowding and lack of staff inside the prison, inmate leaders are utilized in the Philippine system. The authors collected data through independent narrative and observations with the help of inmates, inmate leaders, correctional officers, and volunteers in the Maximum Security Compound of the NBP. The study explains the difference of the system in the Philippines with shared control with inmate leaders due to corruption, poverty, low budget allocation, and lack of personnel. According to a prisoner, the system of having inmate leaders is called "nanungkulan," wherein prisoners created a style of discipline and rules since they are overcrowded and quickly get into fights. The purpose of having an inmate leader is to improve the PDLs' skills acquired before they were sentenced, maintain their cells, and reduce the defiance of rules (Narag and Jones).

Having Inmates Leaders to govern their prisoners can influence each detainee. One factor that affects of using inmate leaders is the lack of staff and personnel inside a penitentiary. Due to the low budget, the Philippine prisons are forced to have inmate leaders as their staff inside the penitentiary. Since the government of the Philippines gives a small budget to prisons, the salary of staff is underpaid. Hence, there is a lack of wardens that work inside the penitentiary. The benefits of using inmate leaders can direct to a stronger relationship among prisoners that can sometimes lead to the betterment of each detainee. They form a community and join in volunteer and recreational activities that lessen the suffering the prisoners feel in jail. Also, it can encourage prisoners to rehabilitate themselves. The participants of this research believe that the appreciation of detainees can help the reformation of the prisoners. From the officer's perspective, giving them a chance to use their time in useful and constructive activities makes them feel humane and has a "cooling effect" to the inmates. (Narag and Jones 13). However, inmate leaders may still have disadvantages, such as implementing uncertain rules, violence, corruption, and abuse.

One example of having inmate leaders that help their prison system is in Nepal. According to Purna Bahadur Pradhan, an officer in charge of security at Kavre District Prison, their prison is effortlessly controlled because of their "Naike," which means leader. According to a news article, due to lack of staff and equipment in Kavre District Prison, the naike system helped the prison unto the improvement of their facilities. According to Nepal's Prison Act 1963, a deputy officer is authorized to assign inmates as deputy leaders or leaders for every ten prisoners and 25 prisoners, respectively. The system was created by the inmates itself that organize their activities and system that can help the prison maintain its order. Also, the naike system in Nepal gathers its funds to purchase their own food.

On the other hand, the inmate leaders are given benefits while serving their prison. One example is that the main leader of the penitentiary could receive a two month less diminution of his/her sentence. The system was produced by their prisoners themselves to build their facilities and relationship with each other. (Global Press News Service.)

In this research paper, the officers and inmates created a system that could help improve the prison itself. Having inmate leaders is beneficial because it helps to improve the facilities inside the penitentiary, and at the same time, it strengthens the relationship of the inmates. Inmate leaders are a substitute solution for a lack of resources and budget. It can help maintain order and reform inmates.

The role of leaders in the system allows their fellow prisoners to progress their skills and reform their mistakes. This related literature can be used and utilized in showing the prison system in the Philippines. Also, it gives an understanding of the perception of the prisoners that can further help this study to interpret the survey and interview created for this research paper. The articles can allow the research questions to answer and explain the relation of prison management and their living conditions.

CHAPTER III

METHODOLOGY

A. Methodology

The research group will be using the phenomenological study approach for this paper. A phenomenological study is a research approach that focuses on the experience and point of view of a participant regarding a specific issue. This best fits the research paper at hand because the subject focuses on the perceptions of non-government organizations on the standards of living in prisons, specifically in Metro Manila. The goal of using this approach is to understand the situation from the organizations fully. This research study discusses the perceptions of individuals under the Humanitarian Legal Assistance Foundation regarding the cases of PDLs detained in various penitentiaries in Manila. Therefore, using the phenomenological research design is the most suitable approach for this topic.

Data Gathering Procedure

The data was collected through interviews and surveys to the members of the Humanitarian and Legal Assistance Foundation in Ortigas, Pasig, last December 11, 2019. The interview and survey questionnaires were mainly related to the research questions in order to attain the hypothesis of the study; these were then divided into two parts. First, the interview questions mainly focused on the main topic, which discusses the standard of living in various penitentiaries in Metro Manila. However, it also included situations within prison grounds, whereas the survey questionnaires focused on the sub-topics. These sub-topics include overcrowding, health situations, and possible gangs in prisons. The researchers first let the interviewees answer a questionnaire, followed by a few interviews with all the group members, which was recorded by cellular phone. In order to obtain further data, the group submitted forms after the interview in order to gain access to the information from the Humanitarian Legal Assistance Foundation. The research group had set up designated dates of interviews in order to collect the data regarding the perceptions of the workers on the standards of living in penitentiaries in accordance with the PDLs.

Because the research group was not granted permission to interview PDLs from a single and particular prison, the interviewees ended up being the staff and volunteers in the Humanitarian Legal Assistance Foundation. Despite having a smaller parameter for the data gathering procedure, the researchers were able to obtain information regarding the viewpoints of the volunteers and staff of the organization about certain situations and problems that occur within the prison area. Considering that the approach used was the phenomenological study, the interview consisted of the general and objective opinions of the staff and workers of the Humanitarian Legal Assistance Foundation.

Interview Questions

The first part of the interview talked about the perception of the HLAF regarding the physical and mental health of the PDLs. This part includes the viruses/epidemics spreading among the PDLs and whether or not they are provided with treatment and annual check-up inside the prison. Part two explains the management of the facilities inside the city jails. The questions asked about the prisoner’s schedule, hygiene, capacity, and common complaints when visiting jails. The last part of the interview discussed the effects of gangs in prisons. The questions included how often do gang fights occur and the consequences when an inmate is not part of the gang.

Survey Questionnaire

Part One: The Perception of the Humanitarian Legal Assistance Foundation (HLAF) Staff and Volunteers regarding prison management

1. Inmates from different cases are treated the same way.

2. There is a need for improvement in prison management.

3. The inmates do not have sufficient personal space and are overcrowded in their own prison cells.

Part Two: Problems do the HLAF think the prisoners’ encounter

1. What Problems do you think prisoners encounter? (Food Unsatisfactory, Old/Broken Facilities, Lack of Prison staff, Unbalanced schedule, and others)

Part Three: Overall Rating (Prison Management)

These questions include the questionnaire and interview for the volunteers of HLAF that could explain their perspective regarding prison management in the Philippines. The interview and survey could help answer the research questions and have a background about the prisons in the country. Also, the volunteers can help and give credible sources about the effects of poor prison management to inmates.

Limitations

During the start of the arrangement of the research study, the researchers planned to have a face-to-face interview with the PDLs and correctional officers of Tagaytay City Jail, Tagaytay City. However, due to the disapproval of the request submitted by the researchers to visit the prison, they were unable to move forward with their plan. Instead of proceeding with the original plan, the researchers decided to find an organization to support the group in order to interview PDLs and prison guards in person. However, despite finding an organization to back them up, the time constraint is another problem they encountered. Since HLAF is a local organization, it is difficult to find a suitable schedule that is feasible for both the research group and the said organization. When the researchers were invited to join the activities in Tagaytay City Jail, to further collect data by interviewing the PDLs and correctional officers, transportation was not mentioned within the accommodations that HLAF prepared for them. Because of this, transportation became a problem due to its unavailability.