CHR backs temporary release of light offenders amid COVID-19 crisis

The Commission on Human Rights (CHR) has thrown its support for the temporary release of first-time, non-violent offenders, the elderly, among other vulnerable sectors to decongest jails amid the COVID-19 emergency.

On Tuesday, CHR spokesperson Jacquelyn de Guia noted there is a continuing obligation to treat all persons deprived of liberty (PDLs) with respect as humans with inherent dignity, including prohibition against cruel, inhumane, and degrading treatment, while still recognizing the need to be accountable for crimes committed.

“We express support for pending proposals that may improve the welfare of PDLs during the pandemic such as the creation of an ad hoc committee which may evaluate the conditions across provincial, city, and municipal jails, and other detention facilities for the purpose of establishing guidelines and procedures for the temporary release of qualified persons for humanitarian reasons,” De Guia, a lawyer, said.

“The initiative, stemming [from the] House Committee on Justice, proposes to start looking into first-time offenders; those detained for the non-violent, bailable offenses but have no capacity to post bail; and those with no history of jumping bail. The elderly and those with existing health conditions, which COVID-19 infection may aggravate, are also being considered,” De Guia added.

Likewise, De Guia said the government may also consider the temporary release of curfew and ordinance violators after undergoing the necessary judicial process to avoid further congestion that could lead to COVID-19 transmission.

But if the temporary release is not feasible, De Guia said the CHR will remain committed to monitoring initiatives in preventing the spread of the virus inside jails and other detention facilities which include: procurement of appropriate personal protective equipment by concerned offices; implementation of ‘e-dalaw’ (online visitation); conduct of online filing before courts, especially on posting bail; establishment of isolation facilities for PDLs exhibiting COVID-19 symptoms.

“The larger discussion on the welfare of PDLs goes beyond health conditions and should equally balance other rights in relation to having fair and speedy trials and means for reform and eventual reintegration,” D Guia said.

The Philippines has recorded 5,223 confirmed COVID-19 cases as of 4 p.m. of April 14. Of this number, 335 have died while 295 others recovered. — Llanesca T. Panti/RSJ, GMA News