Letter to the Editor – Abolishing death penalty and reforming criminal justice system

(The following recommendations were crystallized during the National Policy Conference of Mamamayang Tutol sa Bitay - Movement for Restorative Justice (MTB-MRJ) attended by 80 representatives of non-government organizations, church groups, sectoral and people's organizations held in Quezon City on November 24-26, 2004.

We in the MTB-MRJ reiterate our call for the repeal of RA 7659 (the death penalty law) for the following reasons:

– It is a gross violation of the right to life and dignity;

• It has never been an effective deterrent against crime;

• It is a cruel, inhumane and degrading punishment that characterizes an outmoded and barbaric retributive justice system; and

• It victimizes the poor and uneducated who are highly vulnerable in a flawed judicial system.

We firmly believe that the abolition of the death penalty is a significant step towards forming a kind of justice system that restores and heals both the victims and offenders.

Towards this end, the Philippine criminal justice system must be reformed to respect, protect, and fulfill the human rights of both victims and offenders.

Outlined below are the MTB-MRJ proposed necessary actions to institute reforms in the criminal justice system.

• Align national laws, policies and practices of the criminal justice system to international human rights standards.

• Repeal Republic Act 7659.

• Ratify the Second Optional Protocol of the International Covenant on Civil and Political Rights, and the International Criminal Court.

• Review and amend the Revised Penal Code of 1932, Anti-Vagrancy Law, Comprehensive Dangerous Drugs Law of 2002 and other laws that violate human rights.

• Enact a Comprehensive Juvenile Justice System Law, Anti-Torture Law, Anti-Disappearance Act, Re-orient the criminal justice system based on human rights principles and standards.

• Mainstream and adopt the rights-based approach among the constituencies of the pillars of the justice system.

• Institutionalize human rights education into the recruitment and training program of lawyers, law enforcement agencies, public prosecutors, court personnel, judges and correctional institution personnel.

• Institutionalize values formation programs that would enhance the promotion and respect of human rights of both victims and offenders.

• Establish constructive, non-custodial sanctions which encourage social integration while taking account of the interests of victims (i.e. diversion programs for children in conflict with the law).

• Identify and strengthen possible restorative justice mechanisms and structures such as the Lupong Tagapamayapa and the Katarungang Pambarangay (RA 7160).

• Improve and enhance correctional mechanisms and processes.

• Humanize prison conditions by increasing the daily meal allowance of detainees and prisoners; decongesting correctional institutions and facilities; improving access to decent health facilities and medical care, clean and potable water.

• Institute/ Improve programs that facilitate the re-integration of former detainees and prisoners into mainstream society.

• Improve prison conditions.

• Institute support programs and mechanisms for victims of crimes.

• Address the root causes of crime (i.e. poverty, lack of education, societal abuses, inequality, etc.)

• Prioritize the delivery of basic services and poverty alleviation programs.

This statement was ratified by the following MTB-MRJ members nationwide