BJMP willing to support legal measure to decongest jails

April 8, 2020

Following a petition filed before the Supreme Court for the temporary release of sick, pregnant and elderly political prisoners, the Bureau of Jail and Management (BJMP) said it will support any legal measure to decongest their jails.

"We will support any legal measures to decongest our jails but we find it necessary too, to study first, any propositions that is not within the bounds of our existing laws," said Jail Chief Insp. Xavier Solda, BJMP spokesman said on Wednesday.

"One of the issues here is actually on how to present strong evidence to convince the court that those who will be released after having been detained or convicted for low-level and non-violent offenses will not endanger the public or at the very least, will not commit any crime during this public health emergency," he said.

"And should they be temporarily released, can the group who is calling for it, assure the public that that those people will return immediately once asked to return?," he added.

Solda said "at present, the PDL (persons deprived of liberty) are safer inside our jails, with us."

"If they will be out, as some groups is proposing, how can these groups assure the public that those PDL who will be released will not contact the virus?," he said.

"We are deeply concerned about the PDL under our care that is why we are doing our best to strictly implement all precautionary measures to protect our facility from the virus and we are thankful that up to this date, we have no record of PDL with COVID 19 inside our jails," he added.

In a press release issued by the Public Interest Law Center, Rachel Pastores, PILC managing counsel, said relatives of sick, pregnant and elderly political prisoners filed the petition for humanitarian grounds due to the COVID-19 pandemic.

"In a novel approach, the petition asks the Supreme Court to allow their release   on bail, recognizance or other non-custodial measures, and to promulgate guidelines for the release of other prisoners similarly situated - the elderly 60 years old and above, those suffering from existing medical conditions such as diabetes, hypertension, cardio-vascular disease and asthma, pregnant women," she said.

"Extreme congestion in jails makes it impossible to observe social distancing, and taken together with the lack of medical facilities and provisions, heightens the vulnerability of sick, elderly prisoners to contract the deadly disease, threatening their life and health," she added.

According to PILC, Pastores "also cited the UNCHR urgent appeal for, and moves taken by other countries to, release detention prisoners from overcrowded jails in the battle against the pandemic."

"The cases of the 23 petitioners are still on trial stage or on appeal, but as courts are on hiatus, they seek to return home as long as the lockdown is in place and the public health emergency exists,'' she said.

''We urge the courts, the DOJ, DILG, the Bureau of Jail Management and Penology and the Bureau of Corrections to promptly create mechanisms, including testing after release and upon their return to prison, to ensure the life and health of the prisoners," she said.

"Concretely, the petition asks for the creation of a Prisoner Release Committee to urgently study and implement the release of similarly vulnerable prisoners in various congested prisons throughout the country," she added. Robina Asido/DMS