De Lima's camp confirms no one has talked to or seen the senator under ECQ, MECQ

The office of Senator Leila de Lima on Saturday confirmed that no one, except for personnel of the Philippine National Police Custodial Center, has seen or talked to the legislator for more than a month already.

"We confirm that for more than a month already, and except for the custodial personnel, no one, not even family members and staff, have seen or talked to the Senator in person due to the strict no access, no visitors policy being enforced at the PNP Custodial Center under ECQ/MECQ," it said in a statement.

"Our repeated requests for relaxation of the strict policy through grant of limited access, under strict terms and necessary health protocols, by family and staff have been denied by PNP authorities," it added.

Statement of the Office of Sen. Leila M. de Lima on the matter of her incommunicado detention

READ: https://t.co/GDW9VYIVWu pic.twitter.com/b72msciSAD

— Leila de Lima (@SenLeiladeLima) May 30, 2020

In a letter addressed to PNP chief Police General Archie Gamboa on May 23, Senate Minority Leader Franklin Drilon, Senator Risa Hontiveros and Senator Francis Pangilinan said de Lima has been restricted from visitors and physical meetings with anyone since April 25.

The senators said this was on top of De Lima being subject to other restrictions since the start of the Luzon-wide enhanced community quarantine (ECQ) on March 15.

They said this was basically an "incommunicado detention or solitary confinement," which is prohibited under the Article III, Section 12(2) of the 1987 Constitution, which states that “[s]ecret detention places, solitary, incommunicado, or other similar forms of detention are prohibited."

"This action of the PNP Custodial Center is unconstitutional, illegal, and violates a cardinal precept of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights that solitary confinement and incommunicado detention are universally outlawed," the senators said.

PNP spokesperson Police Brigadier General Bernard Banac then confirmed that visits to De Lima had been "temporarily restricted" as part of biosafety measures to prevent the further spread of COVID-19.

PNP chief Police General Archie Francisco Gamboa on Friday said they have already permitted de Lima to make phone calls even if they do not allow her to have visitors at the Custodial Center.

At a virtual press briefing, Gamboa underscored that the police organization is following the standard regulation in barring visitors, noting that it is also the practice of the Bureau of Corrections and the Bureau of Jail Management and Penology.

According to Gamboa, PNP officials would still discuss whether they would ease up visiting protocols amid the general community quarantine (GCQ) in the National Capital Region.

"We need a reassessment kasi 'yung aming proximity, ang aming quarantine facilities who are housing positive PNP patients and 'yung ating RT-PCR lab, of course dahil standard naman ang sinusunod natin, we need to reassess whether to open up 'yung visitors sa Custodial Center," he said.

De Lima's office said it hopes the PNP will uphold the Constitution.

"We take note of the statement of the PNP that they will soon be easing restrictions and hope that this time they will uphold the Constitution and the inalienable rights of persons deprived of liberty (PDLs) against solitary confinement and incommunicado detention. We remind them that the Constitutional provision and international human rights law principle against incommunicado detention and unreasonable restrictions is not optional and should be followed to the letter," it said.

Luzon has been placed under ECQ in mid-March. On May 16, Metro Manila was shifted to modified enhanced community quarantine (MECQ).

On Monday, June 1, Metro Manila will be placed under a less strict GCQ. —KG, GMA News