2nd Sem

reaction to low salary

Disclaimer: This article was downloded from the site: http://www.wmin.ac.uk/ccps/Internships2003_6.htm

FAISAL SAIFEEInns of Court School of Lawfaisalsaifee@hotmail.com
Internship with the University of the Philippines’ DNA Analysis Laboratory
31 July – 27 September
I worked at the DNA Institute at the University of the Philippines, which investigates cases that could lead to acquittals on the basis of DNA testing, in much the same way as the Innocence Project in the USA. I also helped draft a Judicial Guideline which would enable judges to reopen cases where there is DNA evidence exculpating a person who has been sentenced to death.
There are currently 1000 people on death row in the Philippines of whom nine are over 70 years of age and 16 were minors when the crime was committed. Around 80% of the inmates were industrial workers or farmers before conviction.
The inmates are housed in a self-contained compound in the maximum-security prison near Manila. To escape the heat of the sun, inmates spend a lot of time in the darkened dormitories but for lack of space, they must take it in turns to sleep. The only water is provided for from two taps, which are turned on twice a day for one hour. Time can be spent playing pool, watching television, listening to the radio or praying, but for most time passes simply in awaiting the death warrant, for which the names of executed inmates, carved into the base of a statue of the Virgin Mary, serve as a continual reminder.
The Philippines was the first Asian country to abolish the death penalty for all crimes, doing so in 1987. However, in 1993 the death penalty was reintroduced. A wide catalogue of crimes, ranging from murder to qualified bribery, warrant an imposition of the death penalty in the Philippines, but incest rape underlies most of the death sentences. There have been two moratoriums since the death penalty was brought back, one in 2000 and one in 2002.
The reason for the reintroduction of the death penalty in 1993 was as a response to a perceived upsurge of ‘heinous crime’ with proponents of the death penalty arguing that the moratorium needs to be lifted for the deterrent effect of the penalty to become apparent.
Abolitionists in the Philippines have begun to address the long periods of time, ten years or more, which people can spend on death row. The real risk of innocent people being executed in the Philippines is also gaining recognition as is the fact that Public Defenders are paid less than £2 per case and often only see their client once before trial and may have over 1000 cases on their books at any time.
Abolition bills have been introduced before both the Senate and House of Representatives. There is a majority in both Houses expressing themselves to favour abolition, however due to issues of legislative priority and the impending elections, it seems that the abolition issue will not enter the legislative agenda until 2004. In the Supreme Court of 15 Justices there is a group of three justices who maintain that the law imposing the death penalty is unconstitutional.
Despite a developing consensus against the death penalty, there is still considerable support for it as a measure against serious drug crimes. In 2002 the number of death eligible offences was extended to include a series of drug crimes and President Macapagal Arroyo said this year that the existing moratorium might be revoked for cases of drug-related crime. Moreover, the crackdown on drugs is reflected in the Amendments to the Clemency Guidelines, which remove the possibility of a favourable recommendation in such cases.
Whatever the political outcome, it does not seem that it will be enough to save the lives of several inmates who, in spite of the moratorium, have had their executions scheduled from September 2003 onwards.

posted by Graciella @ 1:54 AM