PHILIPPINES: Amnesty International press release: Philippines - Children under sentence of death  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 7 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;

o 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://www.web.amnesty.org/library/index/engasa350142003

PHILIPPINES: Minors on death row; Manila rejects report

Philippine officials on Friday rejected criticism by the human rights group Amnesty International (AI) that Manila had put minors on death row. In a just-released report, 'Philippines: Something hanging over me: child offenders under sentence of death,' Amnesty International said that at least seven child offenders faced the death sentence in the Philippines. This violated both domestic laws and international conventions, the report said, naming 7 youths who were all under 18 when they were sentenced to death for unspecified crimes.

The group called on the government to pass measures to immediately commute the sentence of any minor who was given the death penalty and to take measures to ensure that no further minors receive similar sentences. However, Justice Undersecretary Merceditas Gutierrez said that the government had already taken these steps. 'There were some youthful offenders who were sentenced to death but only because they were not able to prove their minority at the time they committed the offense,' she said. The Justice Department had already reduced the sentence of 27 such offenders to life imprisonment.