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Life expectancy 64 years, infant mortality 4.4 per 1,000 live births (Canada 7). Only half the population have access to safe water1. The major health problem is malnutrition: half of all schoolchildren are undernourished6 and 2 million pre-school children are underweight of whom 1.4 million are severely malnourished.7 Health minister Bengzon is one of the most progressive members of the Government and has infuriated the multinationals with a generic drugs policy. But the health system is underfunded. Only 30% of infants were fully immunized in 1986.8 And of 150,000 registered nurses 90,000 are now working overseas.9
The New Peoples' Army (NPA) is the military wing of the Communist Party. It has 30,000 guerilla fighters (of whom 10,000 have high-powered weapons and 20,000 inferior weapons) and has 63 guerilla fronts in 65 out of 73 provinces.12 The NPA has its own land-reform programme and claims to have confiscated 31,428 hectares.13 Activities are financed by 'revolutionary tax' collections of $7.5m14 per year - the largest 'contribution' ($300,000) comes from the San Miguel Beer Corporation.15
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During the year the CHR concluded its investigation of the 2010 killing of Leonard Co and recommended filing criminal and administrative charges against eight members of the AFP 19th Infantry Battalion (Corporal Marlon Mores and Privates First Class Albert Belmonte, William Bulic, Elmer Forteza, Alex Apostal, Roger Fabillar, Michael Babon, and Gil Guimerey).
Reports by nongovernmental organizations (NGOs) on the number of alleged extrajudicial killings and torture cases during the year varied. During the year the NGO Karapatan (Alliance for the Advancement of People's Rights) revised 2011 data upward from 39 to 44 victims and recorded 52 new victims of extrajudicial killings by government forces during 2012. The NGO Task Force Detainees of the Philippines (TFDP) also reviewed allegations of summary executions by government security forces during the year. It was unable to investigate all allegations it received (one victim's family refused to be interviewed),but counted four such cases involving eight victims.
According to credible local human rights NGOs, government forces and antigovernment insurgents continued to be responsible for disappearances. During the year the CHR investigated seven new cases of forced disappearances, abductions, and kidnappings involving nine victims, compared with seven cases involving 30 victims in 2011. As of year's end the CHR reported that eight individuals remained missing and one was found detained in a police station. The CHR investigations implicated the PNP in one abduction case, the AFP in two, the NPA in two, and unidentified individuals in the remaining two.
During the year the NGO Families of Victims of Involuntary Disappearances monitored two reported disappearance cases involving four victims and unidentified perpetrators. All victims were missing as of year's end. The NGO Karapatan reported three disappearances during the year.
In the case of the 2007 disappearance of farmer-activist Jonas Burgos in Bulacan Province, pursuant to a 2011 Supreme Court decision, the Court of Appeals revived habeas corpus proceedings. One eyewitness identified Lieutenant Harry Baliaga, Jr., as one of the seven abductors. As of year's end the arbitrary detention charges filed by Burgos's mother against Lieutenant Baliaga, Colonel Delquiades Feliciano, Colonel Eduardo Ano, and other members of the AFP 56th Infantry Battalion remained under preliminary investigation. On December 3, the AFP recommended Ano for promotion to brigadier general as head of the Intelligence Service, although on December 20, the Commission on Appointments deferred the promotion.
In the case of the 2006 abduction of two university student activists (Sherlyn Cadapan and Karen Empeno) in Bulacan Province, regional trial court proceedings began in December 2011 against Lieutenant Colonel Felipe Anotado, Jr., and Staff Sergeant Edgardo Osorio. As of year's end two Army retirees (major general Jovito Palparan, Jr., and master sergeant Rizal Hilario) who were charged with involvement in the disappearances remained at large, despite the government's offer of a two-million-peso (approximately $47,000) reward.
In its March 2 report, the UN Working Group on Enforced or Involuntary Disappearances reiterated its pending request for a country visit and reported that 621 cases it transmitted to the government in previous years remained outstanding as of November 2011.
There were no developments during the year in the July 2011 case of Abdul Khan Ajid, a baker and suspected ASG member, who remained in Isabela City Provincial Jail. According to the TFDP, there were also no reported actions involving the three AFP personnel accused of abusing him.
Physical Conditions: The Bureau of Corrections (BuCor), under the Justice Department, administered seven prisons and penal farms for individuals sentenced to prison terms exceeding three years. At year's end BuCor facilities with an official capacity of 17,719 held more than twice that figure, i.e., 37,251 prisoners, including 2,312 women.
The Bureau of Jail Management and Penology (BJMP), under the Department of Interior and Local Government (DILG), and the PNP controlled 1,051 city, district, municipal, and provincial jails that held pretrial detainees, persons awaiting final judgment, and convicts serving sentences of three years or less. The DILG reported that BJMP jails operated at an average of 323 percent above designated capacity at year's end, and Manila City Jail, with an official capacity of slightly more than 1,000 inmates, held 4,470 as of August.
At year's end the BJMP and PNP jails held 71,054 prisoners, 96 percent of whom were pretrial detainees and 4 percent of whom had been convicted of various crimes. Of the total number of prisoners and detainees, 6,429 were adult women and 467 were minors. During the year the BJMP released 456 inmate minors, usually in response to a court order following a petition by the Public Attorney's Office (PAO), by the inmate's private lawyer, or through NGO-led appeals.
Administration: The PAO worked with BuCor and the BJMP to address the status and circumstances of the confinement of juvenile offenders as well as to improve pretrial detention, bail, and recordkeeping procedures so that prisoners do not serve beyond the maximum sentence for the charged offense. In July the BJMP launched the National Inmates Monitoring System to computerize records and track inmate information effectively. BuCor continued to automate inmate prison records and install additional equipment to update records and seek to fast track the release of qualified inmates. Classification of inmates qualified for assignment to one of the five penal colonies continued during the year, and authorities transferred 938 inmates to less-congested BuCor facilities, compared with 1,335 transferees in 2011.
Prisoners and detainees may submit complaints to constitutionally established independent government agencies. For example, the CHR investigates complaints it receives by referring requests to the concerned agency. Since prisoners' letters are subject to censorship, inmates' families or lawyers often submitted complaints to courts, independent government agencies, the Department of Justice, the House of Representatives, or the Senate. One complaint against BuCor, facilitated by a BuCor legal assistant who took the inmate's written statement, was mailed to the Office of the Ombudsman during the year. During the year the BJMP officer-in-charge instituted a text-message reporting mechanism. The BJMP received three complaints in 2012 alleging inhumane conditions; follow-up reports were confidential and released only to concerned parties.
The BJMP paralegal officers continued to monitor and help expedite court cases and secure needed documents from the courts for speedy disposition of inmates' cases. Through this program, authorities released 26,500 inmates from BJMP jails during the year. From January to August, the Supreme Court's enhanced mobile courts program (\"Justice on Wheels\") facilitated the release of 283 inmates, mediated 46 cases in 13 provinces and municipalities, and provided needed medical and dental assistance to prisoners.
The law requires a judicial determination of probable cause before issuance of an arrest warrant and prohibits holding prisoners incommunicado or in secret places of detention. However, in a number of cases, police and the AFP continued to arrest and detain citizens arbitrarily. During the year the TFDP documented 68 cases of illegal arrest and detention involving 155 victims, compared with 71 cases involving 97 victims in 2011. The CHR tracked 105 cases of arbitrary arrest or illegal detention involving 114 victims, compared with 73 cases involving 129 victims in 2011. 59ce067264