[child-rights] Philippines: Children on death row

News Release Issued by the International Secretariat of Amnesty International
AI INDEX: ASA 35/015/2003     3 October 2003   	

Philippines: Children on death row -- breach of domestic and international laws


Philippine and international law are clear: child offenders cannot be 
sentenced to death or executed, Amnesty International said today, launching 
its latest report "Philippines: Something hanging over me: child offenders 
under sentence of death".

Both domestic law and the Convention on the Rights of the Child define 
child offenders as those who are under the age of 18 at the time the crime 
in question was committed. Despite these provisions, at least seven child 
offenders have been sentenced to death in the Philippines.

"This is not only a breach of Philippine law but also a flagrant violation 
of the Philippines' commitments under international law," the human rights 
organization emphasized.

The Philippines was one of the first countries in the region to ratify the 
Convention on the Rights of the Child and has many domestic provisions 
protecting children's rights. It should be legally impossible for youth 
offenders to be sentenced to death. Yet Ramon Nicodemus, Saturani 
Panggayong, Roger Pagsibigan, Larina Perpinan, Elmer Butal, Christopher 
Padua, and Ronald Bragas were all reportedly under the age of 18 at the 
time of offending and all are currently under sentence of death.

"We welcome the current moratorium on executions and recognize that the 
sentences of the seven youth offenders named above are under review. 
Nonetheless we are concerned that the imposition of death sentences, and 
the protracted delays in rectifying the sentencing constitute a serious 
breach of international human rights law. "

In the report, Amnesty International urges the government of the 
Philippines to implement a number of recommendations regarding the death 
penalty and the sentencing of youth offenders. These include measures to:

     * Immediately commute any death sentences passed on youth offenders 
upon proof of minority;

     * Change conditions of detention in line with international standards 
for the detention of juvenile offenders;

     * As a matter of urgency, strictly enforce the law prohibiting the 
sentencing of child offenders to death. The age of any suspect accused of a 
crime for which Philippine law allows the death penalty must be established 
prior to sentencing in order to ensure that children are not sentenced to 
death;

     * Ensure that the documented age of a minor is brought to the 
attention of all judicial and custodial officials coming into contact with 
the child and is noted in the custodial investigation report.


For the full text of the report, please go to:
http://amnesty-news.c.tep1.com/maabv0aaa0Y6dbd5AQwb/

View all AI documents on the Philippines: 
http://amnesty-news.c.tep1.com/maabv0aaa0Y6ebd5AQwb/

Children in detention in the Philippines, take action! 
http://amnesty-news.c.tep1.com/maabv0aaa0Y6fbd5AQwb/

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