2000 Law Students Condemn Jailing of Children,

 

The President of the Philippines
Malacañang Palace
Manila, Republic of the Philippines

July 30, 2004

Thomas M. Cooley Law School
300 S. Capitol Ave.
Lansing, MI
U.S.A. 48933

RE: Stop the Illegal Detention and Abuse of Children

Dear Madame President:

Through the work of Father Shay Cullen and the People’s Recovery, Empowerment and Development Assistance Foundation (PREDA), it has come to my attention that horrific human rights violations against children continue to fester in Northern regions of the Philippines. Specifically of grave concern is the continued practice of illegally imprisoning children with adult prisoners in subhuman conditions, while they await their initial appearance at Court.

The Case Studies and on-site research conducted by PREDA workers has revealed that many children who are arrested (most for minor infractions such as vagrancy), are forced into cells, measuring three meters by four meters, along with several other adult prisoners. In doing so, your government is violating its own laws.  Article 191 of the Child and Youth Welfare Code of the Philippines, clearly states that:

“A Youthful offender held … shall from the time of his arrest be committed to the care of the Department of social Services and Development or the local rehabilitation center or a detention home in the province or city which shall be responsible for his appearance in court … in the absence of any such center or agency within a reasonable distance from the venue of the trial, the provincial, city and municipal jail shall vide quarters for youthful offenders separate from the other [adult] detainees.”

Not only are many of these children denied their right to be released to the Department of Social Services, or a local rehabilitation center/detention home, but they are also being denied their right to be segregated from the adult criminals. Placing the children in cells with other adult criminals places them in the gravest of dangers.  To be locked in with monstrous individuals, helpless against their attacks, is a nightmare which should never be visited upon a child. The effects of such degradation have been reported in countless numbers of reports, some of which have been sponsored by the United Nations itself.

In this regard, we would ask that pressure be placed upon appropriate departments within your government to ensure their complicity with your laws against the jailing of children with adult criminals. 

Beyond the illegal jailing of children with adults, the physical conditions in which they are kept, is also of heartfelt concern.  Not only are the children placed in crammed cells, but their cells completely lack adequate ventilation, proper bedding and even sanitary bathroom facilities. Many of the cells have only a hole in the cement floor to use as toilet.  As a subsequent result, bacteria and disease from their own excrement, adds to the horrors which these imprisoned children face every day. 

Reading the descriptions of the physical conditions to which these children are subjected, gives rise to nausea and utter disgust.  The axiom of not wishing such a nightmare upon a “worst enemy” is tragically compounded by the realization that mere children are suffering under such conditions.  It is utterly inhuman to subject a member of what should be the most cherished and protected group in society – children – to conditions reminiscent of the Nazi death camps. 

On behalf of the students 5 of the Thomas M. Cooley Law School, I would urge that these atrocities be rectified immediately.  The horrific practice of illegally imprisoning mere children with adults, in such terrifying conditions, should be condemned.

Yours truly,

Brendon Basiga
Student
Thomas M. Cooley Law School

We, the students of the Thomas M. Cooley Law School, sign below in support of the letter to the President of the Philippines.

PREDA Foundation Inc.
Upper Kalaklan
Olongapo City 2200
Philippines

July 30, 2004

#N – 13 524 S. Chestnut St.
Lansing, MI
48933

To all the Members of the PREDA Foundation:

It is with great pride and celebration that I am able to attach the following signature to this letter.  On that page, there is a sole signature.  It is the signature of Mr. Ralph Wilson – the President of the Student Bar Association.  I am writing separately to explain the significance and the magnitude of support that this signature embodies.

For the past several months, the Human Rights Alliance of the Thomas M. Cooley Law School, has been working with the student government, the Student Bar Association.  This association operates much like that of a nation’s government.  There are elected officials from every class, there is a Senate, a Cabinet and finally a Board of Directors.  Without digressing into too much detail, the essential function of the Student Bar Association is to be the eyes, ears and (especially) the voice of the entire student body. At present, the Thomas M. Cooley Law School has over 2,000 student lawyers.  All of whom are represented by the Student Bar Association.

Again, I emphasize that all of the student lawyers are represented by the Student Bar Association (SBA). Unfortunately, it is for this reason that the student government does not make decisions lightly or quickly.  At first, the struggle was garner floor-time to present this letter writing campaign to the SBA Senate.  After several delays, we were finally granted an opportunity to present our appeal.  Once the presentation had been made, the debates and discussions took place. Although the SBA Senate was quite sympathetic to the children’s needs, the debate was centered around whether or not the SBA should become a political voice for the student populace.

Several weeks and even months passed, and the debate raged on.  Finally, however, it came to a close.  After a few more presentations to the Senate, they voted nearly unanimously, to support the campaign.  Another debate raged.  This time, the question was what should the final draft of the letter look like.  After weeks of writing and rewriting the letter, the final draft ironically looked substantially the same as the initial draft.

While all of these debates were taking place, there was an internal shift in direction from the Human Rights Alliances’ perspective.  Garnering individual student’s support had been met with individual skepticism and a struggle with each signature.  Therefore, in an effort to work with much more efficacy, the focus turned toward garnering the one signature that spoke for all student lawyers of the Law School – the President of the SBA, Ralph Wilson.  Prior to this, we were simply looking for the approval from the SBA to be able to write the letter on behalf of the student body.

Once the final draft of the letter was approved, we then approached the SBA to ask if Mr. Wilson could sign the letter, effectively stating that the entire student body supported this letter.  As expected, more delays, more debates and more presentations had to be made.  However, this time, the presentations and debates went far beyond the Student Senate.  They went as far as the Cabinet and, finally, the Board of Directors.

I understand that on its face, one signature seems miniscule in number.  However, it would be a dire mistake and a gross misinterpretation of the magnanimity of that one signature.  Engendered within that autograph is not only the voice of the entire student body, but also a part of our law school’s history.  For the first time, the student lawyers of the Thomas M. Cooley Law School, have given their weighted support to a political campaign of this nature.

After many months, and many discussions, all of the requisite and representative governing boards have given their unequivocal support to this letter.  They finally approved Mr. Wilson’s signature as well as the letter itself.  As a direct result, I am happy to inform the members of PREDA that every single student lawyer of the Thomas M. Cooley Law School, supports the fight against the illegal jailing of children!

With my warmest and deepest regards, I wish each member of the PREDA Foundation the best of luck in their fight for children’s rights and all of their future endeavors.  Your work has been an inspiration to many of the student lawyers of this Law School.  Despite the frustration of the debates, at the very least, the most important blessing was spawned because of the constant discussions – awareness.  Your work has brought an entirely new meaning and a widened perspective to the consciousness of many of my colleagues and dearest friends.  For that alone, you have my gratitude.

May your paths be filled with success, may your perseverance continue to inspire, and may your blessings be many.

Yours most truly,

Brendon Basiga
Student
Thomas M. Cooley Law School