Earlier this week, Justice Secretary Jesus Crispin C. Remulla ordered the Bureau of Corrections (BuCor) to beef up its campaign against abusive prison officers.

Secretary Remulla assured the public the Department of Justice (DoJ) will never tolerate erring prison guards at the National Penitentiary who are proven guilty of abusing their authority to conduct physical searches on visiting relatives and friends of persons deprived of liberty (PDLs).

The secretary also ordered an immediate investigation into reports of abuses and a review of possible sanctions to be imposed on offending prison officers and personnel. Seven guards were suspended and relieved of their posts while allegations that they conducted degrading cavity searches on female visitors of PDLs at the New Bilibid Prison (NBP) in Muntinlupa were being looked into.

“The DoJ reiterates to the Filipino people that our agency is strictly compliant with international standards and policies on the proper conduct of body searches,” Remulla said.

“I refer specifically to the pertinent rules under the United Nations Standard Minimum Rules for Treatment of Prisoners (Nelson Mandela Rules) which generally underscore the need for searches to be conducted in a manner that is respectful of the inherent dignity and privacy of the individual being searched,” he said.

In a recent statement and press release, the DoJ’s top official noted that the “proper decorum of prison personnel conducting physical searches is highlighted under the BuCor Operating Manual on how a proper search must be conducted, providing certain repercussions and penalties on those proven to be carrying illegal contrabands.”

“Our department remains fully committed to upholding the highest degree of respect for human rights in the conduct of our corrections functions and guarantees that our agency will continue to innovate on ways to improve our services to our PDLs and their loved ones,” the secretary stressed.

“We do not condone degrading or inhuman or absurd treatment towards anyone because we want our prisons to be safe, secure and decent,” he added.

To better understand this phenomenon of prison guard abuse, and what can be done about it, it is useful to discuss its different aspects and the forms by which it manifests itself.

The more common aspect is physical abuse which often subjects PDLs to excessive and unnecessary force, unwarranted beatings or violent altercations with guards. These actions violate PDLs’ right to be free from cruel and unusual punishment. These also cause the public’s trust in the correctional system to erode.

Another aspect is verbal abuse, which is a different form of mistreatment. Guards sometimes engage in demeaning language, harassment or verbal threats towards PDLs. Verbal abuse undermines the dignity and self-esteem of those subjected to it.

Additionally, abusive conduct creates an atmosphere of fear and intimidation for the victims of the abuse, making it difficult for PDLs to report violations and seek help. It also undermines the respect for those exercising authority as it focuses more on fear rather than respect.

There are also reports from different jurisdictions of sexual abuse and harassment in their prisons. Incarcerated women are more likely to experience this form of misconduct, but sexual abuse also affects male inmates. PDLs who are victims of sexual abuse rarely report it. It is even more rare for the guards who commit the sexual abuse to face consequences for their actions.

Yet another aspect is prison negligence. Negligence within the prison system extends beyond physical and verbal abuse. PDLs often suffer from inadequate medical care and delayed treatment. When prison authorities fail to provide timely medical attention, it jeopardizes the health of PDLs and infringes on their right to adequate healthcare.

Correctional officers have a responsibility to maintain a safe and decent environment for PDLs. Failure to protect PDLs from harm and prevent violence among prisoners not only violates their civil rights but endangers their lives. This type of negligence can lead to injuries, assaults and even deaths within the prison walls.

The protection of PDLs from abuse and negligence at the hands of prison guards is a fundamental civil right, and this makes the DoJ’s official statement very timely and relevant.