MANILA CITY, Philippines— The Bureau of Corrections (BuCor) has suspended the strip and cavity search policy on visitors of inmates or persons deprived of liberty.
BuCor Director General Gregorio Catapang Jr. issued the order Friday to give way for an investigation following complaints filed by wives of political prisoners.
READ: Wives of political prisoners complain over degrading strip search at NBP
Catapang said he is writing a letter to the Commission on Human Rights (CHR) to check their protocol.
“I already wrote the CHR. They had a meeting with Asec. Gil (referring to BuCor Deputy Director General Gil Torralba). They (the CHR) want to help us verify the protocol,” Catapang said.
“Given that, gusto namin i-simulate ulit kung ano ang nangyari and based on that, ‘yung CHR with their presence, may comment, ‘Ito mali ito, ito tama ito, and then these are the things that you can further improve on,'” he told reporters.
(Given that, we want to simulate again what happened, and based on that, the CHR may comment, ‘This is wrong, this is wrong, this is right, and then these are the things that you can further improve on.’)
What is a strip and body cavity search?
The Associate for the Prevention of Torture defines strip search or visual inspection as “undressing and is subject to a visual inspection, without physical contact” while intimate body cavity searches subject a person “to a physical examination of their body cavities (anus, vagina).”
Rule 52 of the United Nations Standard Minimum Rules for the Treatment of Prisoners of the Nelson Mandela Rules provides that “intrusive searches, including strip and body cavity searches, should be undertaken only if absolutely necessary” and shall be conducted only by qualified health-care professionals, other those responsible for the care of PDLs.
Complaints of wives of PDLs
Catapang said the wives of the political prisoners have visited their spouses several times — one of the complainants visited 16 times while the other visited 13 times.
“They signed a waiver,” he said.
A waiver is signed to indicate one’s consent to the strip search. Refusal to do so means one will not be allowed to physically visit their loved ones.
Catapang said the complainants should file a sworn statement and narrate what happened, given that they previously consented to the strip search.
“Baka may nangyari na hindi nila nagustuhan (maybe something happened that they didn’t like), so we will look into this,” Catapang said.
Pending investigation, Catapang has already relieved the person implicated.
READ: ‘Traumatic’ strip searches get 7 jail guards sacked
Why the need for a strip or body cavity search?
BuCor facilities, specifically the New Bilibid Prison (NBP), have been subject to illegal drug trading controversies, with high-profile inmates still managing to run their businesses while incarcerated.
Catapang said starting last year, they caught around 30 visitors trying to smuggle contraband inside the prison.
“Maniwala kayo o sa hindi, may tabako, may cellphone pa, may charger pa, may hearing aid pa naipasok. Kaya nga nadiscover ‘yun nagring pa habang iniispeksiyon siya,” Catapang told reporters.
(Believe it or not, tobacco, a cellphone, a charger, and even a hearing aid were already smuggled in. That’s why they were discovered; the cell phone rang while being inspected.)
He said that usually, the female visitor is caught during the inspection, while the PDL gets found out after the conjugal visit. The conjugal visit allows the spouses of PDLs to spend the night inside the facility.
“We also had a case na tinago ‘yung cellphone (the PDL hid the cellphone inside his body). After three days, hindi niya mailabas (he could not take it out); we have to operate him,” Catapang said.
“We are not exaggerating. This is not a joke,” he said.