Keio University
Shonan Fujisawa
Campus
o0o
Detainees Insecurity in Mandaluyong Jail
(Philippines):
Name of the
Research Project
o0o
After
Mori Research Report
Research Site:
Mandaluyong City Jail: Philippines
Research Period:
August 15 to September 15, 2011
Name of the
Research Project Leader
Angelino T. Gammad
M2 Student,
80126042
Human Security and Communication
January 24, 2012
Abstract
Detainees Insecurity in Mandaluyong City Jail
Imagine if those inmates confined in the advance world
country like the United States that are already allocated a huge chunk of taxes
money, and yet still making a valid complaint on the real situation of
governments’ inability to provide them better services. Among others,
inappropriate facility (Haney, 2003:45), short of nutritious food (Hanson and
Daley, 1994:9), lack of better health programs (Roguski and Chauvel, 2009:20),
and other life necessities. Given this background, now try to visualize the condition
of those detainees presently confined in the least developed country like the
Philippines. One can always argue of the much socio and economical
dissimilarity between the two, however, the basic contention is that both are
catering human beings deserve to be treated as one.
In this particular fieldwork study, the report will
touch on the penology system of the Philippines using the jail of Mandaluyong
City as the research site. The aim is to describe a typical jail life of its
occupants – the detainees.
This work hopes to provide rich source of inquiry for
researchers and policy makers to find ways on improving the living conditions
of detainees in Mandaluyong City Jail and elsewhere.
Chapter 1: Introduction
and background of the research
The Problem
and overview of the research
This study in the form of fieldwork research will
revolve in discussing the human-interest stories of detainees by looking into
their daily life condition while temporarily detained in Mandaluyong Jail. The
discussion will emphasize on the lengthy temporary confinement processes and
its impact to the life of detainees. What are the different life deprivation
experiences that a detainee is undergoing as part of the collateral costs
(Pogrebin et al: 2001:64) while awaiting for their cases in court during their
transient life in jail? Further, the research will also spotlight how these
detainees cope up with the government-limited services and resources
particularly in their basic needs such as health, food and hygiene, security
and human rights issues. Also, what are the behavioral importations they need
to adopt in order to overcome the pain of incarceration, and how vulnerable are
they to different insecurities inside the jail.
National
Concern on Penology System in the Philippines
Most of the jails especially in the National Capital
Region where Mandaluyong Jail is located are already ballooning with detainees’
population. Also, the governments’ limited resource means inadequate goods and
services for them. Given this kind of situation, the detainees are exposed to
different demeaning condition like poor health and nutrition, inadequate and
congested detention facility, security issues and other human rights violations,
are just some of the life challenging dilemma that these detainees has to
confront while waiting for the resolution of their case in court. And since the
trend is that detainee’s population is projected to continue, thereby
threatening them of the much difficult life and struggle ahead inside the jail.
On the other hand, there have been marginal priority to improve the conditions
of these detainees since the bureaucrats sees such actions as an administrative
liability and a major throw stone of governments budget. And that the civil
society’s active participation is necessary to augment improvement of jail
services.
Why
Mandaluyong Jail and its detainees?
Among the basic issues and concern of this research is
not only to highlight the condition of detainees in Mandaluyong Jail but also
to spotlight them as mirrors to what might also be happening in other jails
nationwide. There is no unique attributes that this jail has and that is what
makes it an ideal window to showcase what is happening inside a jail and to
describe the life of its occupants. If there is some dissimilarities may vary
base on the result of the actual observation and exposition of their life
experiences while inside this particular facility.
On the other hand, it is good to know that the average
length of stay of a detainee is around 4 to 5 years[1][1],
however, there were already 94 out of 597 who have been in this institution for
more than 5 years now. Also, it is good to note that this facility is one of
the jails that have a high rate of acquittal and number of death at the same
time, which is worth looking through.
Definition
of terms
Detainees
Community – Is the organizational and hierarchal structures of
detainees within their community that defines their respective statues, norms,
values and other behavioral importations.
Detainees
Deprivation – Means the removal or depriving a detainee on what
is supposed to be in his possession or rights or services to acquire and enjoy
as human being. And this also includes not only physical deprivation but also
emotional and psychological uncertainties like the fear of harm, and the fear
of unknown.
Detainees’
rights – Refers to the rights and privileges that the law
requires them to possess or enjoy while in the detention facility. It also
refers to the government policy whereby recognizing detainees as human
individual with all the rights and privileges appurtenant thereof.
Fee System
– The jail practice of paying for whatever privilege he wants out of the norms
of reciprocity.
Importation
– Means the explanation of the inmate subculture that says it is a result from
people bringing certain norms, beliefs, and values into the prison and clinging
to that as part of the life within.
Preventive
detention – The practice in criminal justice system of holding
a person accused of an offense in jail prior or during his trial because he is
considered dangerous to his community.
Timers
– Refers to any detainees who have been “in or out” of jail for various charges
or those who already have served sentence in prison or colony.
Chapter 2:
Rationale and Objectives, Hypothesis,
Research Question and Methodology and Potential Respondents
Rationale
The focal point of this research is to establish a
cornerstone of knowledge for policy makers to look into what is really
happening on the daily life condition of every detainee. Hoping that for
whatever government’s decisions and undertaking they have to implement in the
near future, they might reconsider addressing the following issues of
deprivation as described in this paper. And also to come up with new frameworks
to decrease if not to totally eradicate problems that causes detainees
insecurities.
Fieldwork
Objectives
This research fieldwork will be discussing three basic
issues, namely:
a.
To describe the plight of detainees while temporarily confine
in Mandaluyong Jail by simply looking into their daily life.
b.
To investigate what are their rights and basic needs that
they suppose to enjoy and then compare it to their existing life condition.
c.
To assess and make a reflection on the government policy
towards the detainees.
Hypotheses
and Research Question
The research hypothesis is that as a detainee, they
should be treated as innocent and respected with all the rights and privileges
accorded to them by the law. Their main concern should only be their case in
court considering that their stay in jail is just a temporary in nature while
his case is awaiting adjudication from the court. And that during his stay, he
should be treated as human being, be provided with his basic needs and be
respected of his rights and receive whatever goods and services that the law
requires him to have.
The research question for this research will be:
a.
What are the implications of being detained in Mandaluyong
Jail?
b.
What are the causes of detainees’ deprivation and
insecurities, and
c.
How can the government alleviate their present life
condition?
Methodology
In the actual
fieldwork, the following activities were undertaken as part of gathering
information relevant to the research to describe detainees’ life:
o
Conducted one on one and group interview among 18 detainees
and to some members of their family.
o
Personally distributed and retrieved set of survey
questionnaires on 60 detainees.
o
Conducted briefing on how to fill up and answer the questions
in survey materials.
o
Observation on the entire jail facility and try to integrate
to the daily life of the detainees.
o
Participate in the jail programs and activities such as
religious, sports and recreation and other programs.
Potential
Respondents and other sources of information
Following are the source of information and potential
respondents for my research:
·
596 Detainees of Mandaluyong Jail
·
Detainees’ family and other visitors
·
Former detainees
·
Jail and court personnel
For my sources of data, the jail and court records as
well as the related literatures provided me rich information about my chosen
topic.
Chapter 3
Conceptual framework
One of its kind, Philippine has a unique criminal
justice system comprise of five (5) pillars, the police or law enforcement,
prosecution, court, correction and community. This is where every person
accused of an offense will have to undergo as part of the justice system (see
figure 1). When a person commits an
offense, he will be arrested and confined in the police lock-up for temporary
confinement while the investigation is being conducted. Then after the
gathering of evidence and the preparation of all necessary documents, he will
then be referred to the prosecutor, who will later on determine if there is a
probable cause to try a case in court. The prosecutor will then issue
information to the court that an offense has been committed and that the person
arrested might be probably guilty thereof. The court will now issue a
commitment order for his immediate transfer to jail where he will remain until
his case reached final judgment (unless he will post bail for his temporary
liberty on cases allowed by the law). In case found guilty, he will be
transferred to prison to serve his sentence.
Insecurities cause by deprivation of different goods
and services can be attributed to a multi-dimensional account. The government
plays a crucial role in assuring that detainees during their “temporary”
detention should be respected of their full human rights and be treated with
humane safekeeping (see figure 2). However, due to insufficient budgetary
allocation from the government funds, the jail administrators are hand-tied
with the limited resources and should find other means to maintain the needs of
jail and all its occupants. One way of doing this is the utilization of
detainees to help them in maintaining peace and order inside each dorm by
extending their authority to the inmates, thereby allowing them to have power
over their co-detainees. Such power create a huge impact on every detainees
because inside their dorm a “community of
detainees” is established whereby those in power have more access to goods and
services than those who don’t have (this will further be discuss on the next
chapter). The long and judicious
trial is also one of the main reasons why detainees are cramping inside a small
dorm. Since, detainees have to wait
for a long period of trial means they also have to stay in jail during those
times. And add up some scalawags in uniform which abuses the utilization of the
detainees and their system provides them leeway to execute their illegal
practices.
The Concept
of Human Security in Detainees life
Human security covers human rights, good governance
and access to government goods and services (such as food, health, security and
access to court). Denial of this basic institutional right is the denial of
human existence and the obstruction of opportunities and choices. Respecting
human rights is at the core of protecting human security (Human Security Now:
2003:10). Toward this end, it is expected that by identifying and preparing for
any occurrence that could have severe and prevalent consequences critical to
the condition of every human being (including detainees) should be recognize in
order to protect them and address such issue. Human rights and human security
are therefore mutually reinforcing (HSN: 2003:10). The notion of identifying
the duties and obligations of the government complements the recognition of the
ethical and political importance of human life. And it should not only the
government but also the entire community must learn the basic rights that
common people needs to enjoy. The
government as part of its sovereign duties and responsibilities to its people
should take these rights in the form of “obligation” rather than an “appeal”
from the victims.
Chapter 4
Research Findings and Discussions
This chapter will center its attention on the findings
during the interview as well as the observed condition and environment of
detainees and the jail facility. The jail environment will be discussed to
allow better understanding on the kind of surrounding that detainees are living
with and the disposition of how its structure is maintained. Testimonial
account will also be provided to highlight their life experiences during
confinement as well as the on-going struggle of many detainees inside the jail.
Jail
Environs
The
Organizational Structure of Mandaluyong Jail
The jail of Mandaluyong, like any other typical jails
in the metropolis has its own distinct community structures within. Besides
from the Warden who holds the highest managerial position and in-charged of
both the operation and management of personnel and detainees, the latter
(detainees) too have their own hierarchal organization that they live in
everyday life (see table 1). The detainees themselves based on the jail-community-status select jail
leaders. Usually, the dorm-leader[2][2]
is chosen using the same system of democratic voting. However, by contrast, the
norms dictates that “timers” or those
who have been in or out of jail or have served sentence in prison have the
capability and wisdom in hurling different jail problems involving their well –
beings and usually leads the dorm. Toughness and readiness to engage in
everything (like fight) is a plus factor in the selection plus the gravity of
his offense. Of the five (5) male dorm leaders in this jail, four (4) of them
are timers, while the three female dorms have leaders appointed by their
wardress (see table 2). The norm dictates that higher offense and a number of
criminal records warrant more respect and authority.
Gang Rule
The prevalence and dominion of one gang
(Sigue-Sigue-Sputnik[3][3])
also affected the life of those non-members. With its strength of around 180
members, others are force to joined in exchange of protection and the promised
of brotherhood. Many especially by the non-members and new comers fear the gang
member who dominates the over-all position in jail-structure. That is why those
who are not really gangster or criminals per se often cling to the group as
their source of connection and inner-circle-relationship. And as observed, no
one can argue or challenge any gang members especially their leaders for they
are the rule inside the jail.
Table 1
Over-all hierarchal structure of detainees in Mandaluyong Jail
|
Over-all Leaders in Mandaluyong Jail |
Name of Leader |
|
|
Mayores |
Over-all highest leader
inside the jail, also the head of the 5 dorm leaders |
Edwin Denso, 2nd
timer, served his murder sentence in prison (member of SSS gang |
|
Jury |
Served as the elders,
usually those who have served sentence in the Prison or Penal Farms, had
handled Mayor position before, called the wise-man in jail or prison life |
Joseph Sta. Maria, served
his sentence in prison for drug cases, have been in Mandaluyong jail in and
out (member of SSS gang |
|
Adviser |
Also served as elders or
adviser, and usually have served sentence in prison and penal farms |
Tomas Moreno, served his
drug sentence in prison, has been in and out of Mandaluyong jail (member of SSS gang) |
|
Over-all Bastonero |
In-charged with the
discipline inside the jail facility |
Albert Co, former Mayor of
Dorm 3 (composed of Sputnik Gang with around 80 followers/members in his dorm
and member of SSS Gang) |
Table 2
Composition of Dorm leaders
|
Position in Every Dorm |
Nature of power and authority over his co-detainee |
|
Mayor [verbalized ma
as in manner). |
Highest leader in the
dorm, also in-charge with the financial funds of their dorm |
|
Bastonero |
2nd in command,
in-charged with the discipline in his area of responsibility (his dorm), also
the executioner of punishment (usually paddling of wooden paddle to the
buttocks) |
|
Chief OD |
In-charged with the daily
activities both in and outside the dorm, set the rules and activities for the
detainees |
|
Chief Kultorero |
Dorm representative,
liaison, secretary, detainees record keeper |
|
Chief Mahinarya |
His group is in-charge
during nighttime to served the needs of the dorm leaders (as errand),
watchers for roving jail officers, they also watch every detainee during
their sleep to guard them against nightmares causing death |
|
Chief Buyon |
His group is in-charged in
the cleanliness of their dorm surrounding, their lavatory, etc. |
|
Chief Ranchero |
His group is in-charged in
the ration of food |
|
Chief Rosary |
His group is in-charged on
the leading of prayers |
Note: The female dorms have their
own different hierarchal position and responsibilities patterned on the
Therapeutic Community Modality[4][4]
Jail Language, role-playing and Norms
In this particular jail, detainees
have their own jail lingo or language (sometimes accompanied with some hand
signs or gestures) that they often used to discreetly communicate to each other
(for list of this lingo please refer to annex “A”). Role-playing is also common
whereas detainees are categorized depending on their social status inside the
jail. The “nanunungkulan” or leaders
in their respective dorm have the highest statue accorded depending on their
respective positions. Those who have been in or out of the jail or have served
sentence in prison are called “timers” and are also considered to have a high
statue because of their jail exposures and experiences. Those who are new
comers who can afford to pay in order to have a place to sleep (bunks) are
called VIP or very important person/people. In exchange of weekly payment of
100 yen, they can have one space of bunk and are not required to do any chores
inside the dorm. They are the source of dorm funds usually handled by the dorm
leaders. The new comers who cannot pay this VIP system are referred as “buyoneros” and “mahinaryas” or toilet cleaners and masseurs or night watchers and
do much of the jail chores. And since they cannot afford to pay, they sleep on
the floor and have little privilege inside their dorm. Once he can no longer
pay, he has to vacate his bunk and his statue is shifted back to the lowest
one. Through this kind of jail community, detainees are expected to learn to
import the accepted way of living in order to adopt and survive the life inside
the jail (Hochstetler and DeLisi: 2005:257 and Dhami et al: 2007:1085).
Violators of this norms and disrespectful to statue simply connotes punishment.
Values of reciprocity
“Matik” or short for “automatic” is a systemic norm
that denotes consented reciprocity and is widely accepted in almost all aspect
of any jail activities. From the simple exchange of goods and services,
obligations between individual or groups or gang are mutually engage in a daily
basis. If you have nothing to give in return the lesser you will get what you
need (like a space for sleeping, privilege inside the dorm like exemption from
doing jail chores cleaning the toilet, serving the dorm leaders, roaming
outside dormitory etc.).
Kangaroo court
Any infraction of these jail-community rules will be
given its equivalent punishment by their respective dorm leaders. From paddling
(to the lower buttocks using a wooden paddle, usually 2 x 4 thick), “babasagin” or will be tumultuously
boxed, “papatayan ng ilaw” or lights
off (a term used to denotes that the attack will be executed during sleep) to
conceal the identity of the perpetrator and “aaminin”
or will be acknowledge. Meaning he will be killed and his death will be
acknowledge or add up as part of the case filed against the doer – usually
charged with a case whose penalty is life imprisonment so he has nothing to
loose[5][5].
So far, in this jail, the first three modes of punishments were already part of
the routine except the latter one. On the other hand, the jail officers find it
hard to pin point the perpetrators of this punishment simply because of their
code of secrecy. And concealing this kind of activity is normal among them.
That any detainee who will mouth said activity will receive a much heavier
penalty. And the inability to guard the detainees in a 24-hour basis (specially
during night at their sleep), prompted the victims to just keep silent and
hesitate to file any complaint.
Fee System and “Matik”
“VIP or tarima”, “calling” and “buy out
system” are just some of the “fee system” that is prevailing inside
Mandaluyong Jail (for further explanation of each system please refer to annex
“A”). Most detainees explain that they need to raise such fund considering that
most of the time, the jail clinic has no medicine to provide. And if there is
one, they cannot access it specially during night-time because they were told
by the personnel that only those emergency or between life and death situation
will be given attention considering that they (health personnel) also need some
rest from a 24-hours duty. Also, the jail bureau does not provide them cleaning
and hygiene materials and the donation made by various groups are not enough so
they have to provide it themselves. Some dorm leaders said that the fund is
also used as “matik” or accommodation
money for the personnel in case they need to ask them favor in response to
reciprocity. For example, if one of their visitors failed to carry or has no
identification card (which is required before entry), or arrive minutes before
the time end of visiting hour, thus this accommodation money will pave way to
grant the entry of their visitors. It is also used to provide them some leeway
and privileges like playing basketball and other activities, and oftentimes
augment for any jail programs and activities for them. However, there have been
numerous accounts where dorm leaders abuse their power and use these funds for
their own benefits. And those who cannot pay their dues will have to meet the
consequence.
On the other hand, the personnel are well aware that such
activities is happening however, they have different perception about this.
Some say that they don’t mind since the money collected is used as fund inside
the dorm for their own use (like buying medicines for sick detainees, buying
cleaning materials, etc.). Others explained that this has been the common
practice of every jail and their hands are off on it. There are also personnel
saying that this is hard to stop considering that they need to utilize the
services of the dorm leaders in maintaining peace and order within their rank
and that this is one way of boosting their morale to cooperate. However, when
ask if this practice is legal or illegal, many personnel admitted that it is
not legal and in fact prohibited inside the jail.
The Jail Facility
The
facility was built in 1994 to accommodate 80 – 100 detainees (now it has 596
detainees[6][6]).
It has five dormitories for male and 3 dormitories for female. Females have one
toilet bowl shared by around 27 detainees in each dorm. While in male most
shares one toilet bowl for around 80 detainees in each dorm (except for dorm
number 4 and 5 that has two-toilet boil for their more than 100 population
respectively). Gang members specially the leaders has priority access to these
and in any other available things and equipments (including televisions etc.)
Walls separate those male from female detainees and they are not allowed entry
except when there are joint activities. Both detainees have their own separate
kitchen where their food is cooked (by the detainees themselves, while
personnel does the marketing), a visiting area that is also used as activity or
program area. Meaning during visiting time there would be no place for a jail
program for the detainees (examples religious services, literacy, livelihood,
etc.). Most of these programs are supervised by personnel and is usually funded
by the Non-government organizations (NGO), local government, religious and
civic groups and other volunteerism. Again, gang members have priority access
to these programs more particularly during activities sponsored by various
groups that are distributing free goods/foods and hygiene materials.
“The Case
of release detainee Albert Barroa”
Mr. Barroa is a typical family man living with his
wife and 4 young siblings. They settled in a small house, which they own
through property rights (squatting) located at Gonzaga Street, Hagdan Bato
Itaas in Mandaluyong City. Albert as his friends calls him finished vocational
study and works as an electrical technician (under 4 months training and he is
not a license electrician). Most of his clients are his fellow neighbors and he
is sometimes commissioned on building construction project as electrical
assistant and usually earned around 5000 to 6000 pesos or 2800 to 3500 yen
monthly.
Albert,
for the first time had a taste of jail on April 28, 2003, after he was arrested
for (allegedly) carrying of methamphetamine hydrochloride (locally known as
SHABU), and was charged for possession of regulated drug. And since his meager
income cannot afford to compensate the required bail bond for his temporary
liberty, he was immediately transferred to Mandaluyong City Jail where he
stayed for many years. And finally, on September 1, 2011, after almost 8 years
of couple of dozens of scheduled hearing, postponement and resetting of trial,
his promulgation was read and there he was adjudicated as INNOCENT of the crime
charged against him. He was happy though he said, “he’s life will never be the
same again”. He has no more home to go back to, his wife left him in the midst
of his miserable life (and seek shelter to another man), his children were very
cold at him, and they all stop going to school seven years ago. He pleaded the
warden to allow him stay in the jail as errand (in exchange for food and place to
stay) until he finds a new job and a place for him to start all over again. He
did not intend to file any compensation from the government after his acquittal
saying, “he don’t know the procedures, he has no money for the processing and
that his liberty is enough to prove his innocent”. The claim[7][7]
worth 12,000 pesos or 24,000 yen has to be applied and will “not automatically
be given to victims of injustice”.
Life in jail
Mr. Barroa’s first idea of jail is not different from
what the common people thought of it. That it is a difficult place to live
with, but he knew that having grew from a poor background will gave him the
perseverance to overcome the difficulty that awaits in him in jail life. His
concern is how he will cope-up the life in jail and how would his family live
and survived without him being the bread and butter in the household. He is
also well aware that his distant relatives in the province cannot help them
financially because they too are poor plus the fact that they also have their
own family to look after. Despite all of this, he is very optimistic that
everything will be fine for he knows he is innocent and that all he have to do
is to prove it before the judge and besides, he is in jail only for a “temporary” period until his case is
being heard in court.
Survival-of-the-fittest
Being new to jail, who cannot afford to avail of the
VIP, he find himself among those sleeping and eating on the floor and was
treated as among the lowest statue therein. He remembers feeling eating on the
cemented floor like a dog. New comers especially those first timers are treated
being the lowest in the hierarchal structure inside the dorm. And since he was
not aware on the time of his transfer from the police detention to the jail
facility, he had nothing in possession but only the cloths that he is wearing
so he found himself sleeping on the cold-cemented floor designated to him by
the “bastonero” or the one in-charge with the discipline inside the dormitory.
He can still recall that he have to ask permission first to the OD or officer
of the day for what ever he would do like going to the lavatory, getting water,
etc. His life has been like this for a couple of months. And from what he
experience, gang members sometimes make fun of them being new comers and since
he don’t want to mess with the gang rules and be penalize by a kangaroo court,
he just follow whatever degrading things they told him (like climbing on the
iron grills and hanging in there for couple of hours, being slapped in the face
without apparent reason, etc.). Now he is not just fighting for his case in
court but also fighting for his survival in jail.
Temporary
confinement become years of uncertainty
His thought of waiting temporarily lasted for years
until the time that he no longer counts the nights and days and just completely
ignores what ever will happens to him. This is because as time passes-by, his
family visiting schemes begin to deteriorates whereby to the point that he
received visits only once in every 2 or 3 months (and he already expected this
since most of his friends inside the dorm had experience the same). They said,
“ang dalaw ay kumukupas” or “visitors fades away”.
Family Problem
However, the diminishing number of visitation is
nothing compared to a “Dear John Letter”. Mr. Barroa said that he already
expected that this would eventually happen to him because he was informed by
his elder daughter that his mother is already working and is seen seeing
another man. His wife never said goodbye to him and just stops visiting him
living their children to the care of his mother-in-law.
The Case of detainee Elena
Madridano
Respondent Elena Madridano, a
mother of 6 children, is presently living with her 2 siblings (the other 4
already has their respective families) when she was arrested and charge for
drug possession. Her youngest son stopped going to school as grade-4 elementary
student immediately after she was confine.
Elena, whom I will describe as having a worried and
serious look on her face, still recalled how she was totally disarrayed when
she was arrested for a crime according to her she did not commit. According to
her, it is difficult to accept her faith for she knows she is innocent. She
said that it was her husband the police are looking for but one of the raiding
team accordingly insist to include arrest her because her live-in partner is
not in their house at the time of the raid.
Within her first two years of confinement, she availed
the services of the Public Attorney’s office. But her older sister together
with their other relatives helped and provided her a private lawyer because her
case has not achieve any development. According to her, her scheduled hearing
was often cancelled because of the absence of either the judge, prosecutor,
public attorney, arresting officer, chemist, etc. or sometime because of lack
of material time to continue the hearing because there were too many cases
being heard. However, after two years of being defended by a private lawyer,
her sister told her that they can no longer help her pay for the services of a
lawyer due to financial difficulties. So again, she availed the service of the
public attorneys’ office that accordingly, has never been in jail to visit her.
Life in Jail:
Elena narrated how she cried almost every night during
her first 2 years of confinement, and even up to now every time she thinks back
and remembers the unfortunate things that happened to her life. She remembers
that upon transfer to the jail, she knows no one inside and just kept silent as
she was pointed to a piece of space in the floor for her place to sleep. And
because of this situation, her children decided to contribute and pay for her
VIP to acquire a bunk to sleep. She was oriented by one of the female detainees
about the rules and the need to pay in order to avail of some privileges that
she accepted because of her poor health condition and old age. She paid P150 on the first week and then
P100 every week thereafter. Her children also provide her daily needs in jail
like money to buy extra food, needs for personal hygiene like soap, toothpaste,
etc. She also complaint about the high cost of goods offered inside the jail
because it is run by the personnel through their cooperative store. And how
personnel holds the goods/foods brought by her children because the cooperative
has the same goods being offered. Sometimes she also shoulders her medicine
because it is not available in the clinic. She also mentioned about the paying
of 15 pesos (or 30 yen) for every time she received a visitor. When I asked her where the money goes?
She explained that the fund is intended for procurement of cleaning materials
since jail administration does not provide them except those donations from
different volunteer and civic oriented groups.
She also recalls that on her first years of
confinement, she received visitors almost every day. But as time goes by, her
visitors mostly her immediate family eventually declined where by now, she’s no
longer aware when she will be visited. Sometimes she received only one visit
from her younger daughter once a month, bringing around 5 pieces of bread and
without money. This is because most of her children also have their own family
to look after including their two young brothers.
Right now, due to her old age, she is already feeling
week, and sometimes had a difficulty in breathing. She was rushed to the health
clinic for three times and was given oxygen. Her problem is how to make sure
that she has available medicine (salbutamol) whenever she had asthma attack.
She now just relied in the availability of said medicine in the clinic, and in
case there is no medicine available she just have to bear with the reality.
Often, she asks NGO’s and other religious groups visiting them for assistance
regarding her health condition.
She just hold strong with her faith and never fails to
read the bible daily as her source of strength and she perseveres daily hoping
that one day she will eventually be release.
Other Issues of insecurity: Food, Health and
Hygiene, Security problem and violation of human rights
As discussed in the first
fieldwork, the noticeable effect of incarceration is the limited goods and
services handed by the government to these less fortunate human beings behind
bars. The jail is not conducive for human living requirement. The congested
situation deprived them 
of the space to live a decent and
humane life. Poor ventilation and not enough space to sleep plus the fact of
gang rule take away the little opportunity for the detainees to see their life
with any value.
This is further aggravated by the limited food, health
and hygiene services. The recorded “one death every month” since way back 2008
connotes a need for reexamining the food nutrition intake as well as the health
service capability of the jail management. The prevalent of these deaths (even
though they died in different causes) is already alarming and definitely could
be a source of “fear” and insecurities among detainees. That should they wait
longer in jail may suggest of their mishap and be added to this statistics. The
presence of PTB patient and the lack of proper isolation make other detainees
susceptible to the disease. At
present, there were seven patients undergoing medication which complements to
the collaborative study made by the Philippine Council for Health and
Development, World Health Organization and the College of Public Health of the
University of the Philippines, stating that twenty out of one thousand inmates
in jail are suffering from tuberculosis.
Another issue is the problem on security and violation
of human rights. On the conducted survey shows that out of the 60 respondents,
there were 10 claimed that they have experience being threaten, harass, harm by
his co-detainees. While 12 detainees said that they have experience physical
abuse from the jail authorities. Another 12 say that they actually experience
verbal abuse and 8 have been subjected to torture, inhuman or degrading
treatment by the jail authorities. 12 detainees on the other hand experienced
being forced to attend religious worship or activities against their will. This
shows a significant number proving the presence of both security problem and
abuse from the jail authority. On the other hand, a study conducted by Just
Detention International in 2001, shows that four percent of females have
experience sexual harassment while in jail. This only shows how vulnerable they
are inside the jail and that their fate lies on their handlers.
Also, the presence of gang and its domination in the
hierarchal structure of detainee’s community provide a clear glimpse of how
loose administration in their jail operations. Detainees should not in any way
hold power inside the jail much more of supervision to his co-detainees. This
kind of practice allows more inconvenient to those new comers specially who
cannot afford the cost of fee system.
Chapter 5 Reflections
Based on the stories and observation noted during a
month-work-fieldwork in Mandaluyong Jail, it is made clear that detainees have
gone through in different life challenging situation. And this kind of
environment will continue to persist unless the government steps in and correct
the loopholes in the process. Although it is admittedly hard to address the
following problems at hand, considering that most relies on budget and
allocation, however, it is good to start on things where policy can make a huge
improvement on the life of detainees. One clear example is the removal of the
hierarchal structure that the detainees imported as part of their daily life.
Correcting this wrong way of life in jail is a good step tackling other related
problems like abuse of authority (by detainees and personnel) and corruption or
fee system. The equal distribution of bunks among detainees giving priorities
to aged, health condition, and length of stay in jail is a good practice among
detainees. In short, detainees being in jail on a “temporary status” should not
be burdened with additional problems and uncertainty. And that the government
being the protector of its people should sees the condition of detainees as one
of its priorities.
The active participation of the civic society
(industry, religious, volunteers, etc.) including all government machinery
should work hand-in-hand and make use of its combine effort and resources to
address the demeaning condition of our less fortunate brothers in jail.
Especially them who are still suspects.
Actually, a strong and challenging statement was given
by one of the timers who have served in prison and compare the life in jail of
those in prison life. He said, “Life in
prison is better off than life in jail”. From this we could imagine that
those who are already found guilty of their crime has more convenient compare
to these detainees who are still undergoing trial. And to mention the fact that
in this jail, the ratio of acquittal versus conviction is 1:2. Which means that
more than a quarter of them can be innocent and should not be in jail in the
first place.
Obviously, one of the underlying problems here is not
just the physical deprivation. It is also of equal importance to note the
“sense of uncertainties” being developed by the detainees. These fears of the
unknown also have a huge impact on both the emotional and psychological life of
detainees. And these can be manifested on his attitude towards others. As
explained in the study conducted by the Physicians for Human Rights (page 11),
indefinite detention (similar to the condition of these detainees because they
are uncertain of when their cases will end) manifests different psychological
effects. That detainees who have blank idea when he can be release can suffer
from high rates of severe anxiety, despair, depression and dread[8][8].
As mentioned in the human security now, health here is not just the absence of
disease, but a “state of complete physical, mental and social well-being”. And
since health is at the vital core of human security concept, protecting human
life is the very heart of this endeavor (HSN: 2003:96).
Another effects of similar impact is that relationship
to hard core criminals by the new comers to become members of their gang for their
social capital inside the jail or what Hagan and McCarthy described as Criminal
capital illustrates that non-criminals or those charged with petty crimes
learns higher modes of crimes and gives them access to bigger jobs or obtain
illegal items like guns, car nap vehicles, etc. (Halpern: 2005:118-119). Making
the commission of crimes like a learning process in school and jail is its
practical university.
All of what these lengthy and depriving situations of
jail brings about is irreversible. And the price of acquittal is not always a
happy ending. The disorganization of family, low morale, and a sense of no
direction in life are just among the aftermath of incarceration. The
stigmatization (even you prove your innocent) will remain embedded in their
lifetime and can even affect his or her siblings’ life (Murray: 2005:442-443).
All have been discuss, the denial of basic needs of
detainees like health, nutritious food, clean and adequate facility, and
protection against harm and human rights violation is a threat to human
security (Younis: 2006:187). Every government has a mandate to promote
wellbeing and reduce the risk of hardship, and this includes detainees.
Annex “A” - List of Jail lingo or language:
1.
Amat – reverse of TAMA –
ailment, high in drugs, in ecstatic condition
2.
Anda – money, cash
3.
Ayuda – blessings to continue
something or permission to act as directed
4.
Bartolina – solitary
confinement, disciplinary cell
5.
Buryon – a state of one’s mind
or condition where boredom prevails and there is little grasp of sense in
reality.
6.
Buy out system – a system
whereby a new comer that has potential to become a VIP are priced out in order
to get them in their own dorm, thus raise more funds for the dorm. The money
out of the funds goes to the personnel on duty to grant their request to get
the new detainees in their dorm.
7.
Buyon – refer to the toilet or
lavatory
8.
Calling – payment or mandatory
contribution for having a visitor. The explanation is that since you have a
visitor (while others don't have) you should spread what you have as part of
good relationship.
9.
Cuerna – newly admitted prisoner
or newcomer, first timer
10.
Epak – reverse of KAPE or
coffee.
11.
Estapa – unfair, uneven, unjust,
incomplete
12.
Gopi – worthless, no money
13.
Halihaw – to stab repeatedly,
ballistics behavior.
14.
Kalandrakas – handicraft, any
items inside the jail that can give detainees things to do to cut off boredom.
15.
Kalugar – town mate, buddy.
16.
Karancho – friend, confidant,
comforter, supporter, buddy in during eating.
17.
Karpeta – prison records, list
of detainees in alphabetical order, also list of personnel in according to
rank.
18.
Kosa – co-accused, buddy,
confidant.
19.
Mahinarya – night patrol, aide,
errand.
20.
Matalas – bladed weapon,
corrupt, clever
21.
Matik – means that there is
nothing more to talk too, Its already decided, you know what to do, money
talks, arrangement through the use of money, bribery
22.
Oblo – reverse of Loob – inside
the jail
23.
Paandar – a mean to attract
attentions, self-injury.
24.
Panakal – paddle use for
paddling violator of jail rules and regulations, either of the BJMP
25.
Pangkat – gang, grouping.
26.
Parating – expected revenue or
income
27.
Parehas – fair, just, equal
28.
Patakaran – legally implemented
rules and regulations imposed by the BJMP administration to every detainee,
including the unwritten norms of detainees inside the jail.
29.
Rancho – food ration,
unpalatable food.
30.
Rapits – reverse and modified of
PERA - money, income, revenue
31.
Silahis –effeminate
32.
Simbol – Gang symbols or tattoo
signs
33.
Takal – punishment through
paddling to the lower buttocks
34.
Tarima – Bed bunks, payment for
the occupying the bunks as VIP, means staying in bunks all day long.
35.
Tatak – Gang marks or symbol
36.
Tirador – hatchet man, assassin
37.
Tumatarima – never goes out of
his bunks, cell or dormitory except for personal necessity
38.
Urot – Reverse of TURO,
middleman, fixer, third party, nasty.
39.
VIP – one who can avail of some
privileges inside the dorm
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