Even in detention, there is a continuing obligation to treat all persons deprived of liberty (PDLs) with respect as humans with inherent dignity. This includes the prohibition against cruel, inhumane, and degrading treatment, while still recognising the need to be accountable for crimes committed once established.

The Commission on Human Rights (CHR) continues to shed light on several issues concerning PDLs and calls on the government to improve the conditions in jails and other detention facilities in compliance with applicable human rights standards, such as the Mandela Rules.

In this regard, the current spread of the coronavirus disease 2019 (COVID-19) into a pandemic adds another layer of concern, particularly for their right to health, in terms of avoiding transmission and infection—both for PDLs and the personnel manning jails and detention facilities.

We recognise that there are already efforts by the national government, including the Department of the Interior and Local Government; the Bureau of Jail Management and Penology; the Bureau of Corrections; as well as the Supreme Court, to mitigate the harmful effects of possible Covid-19 transmission.

At the same time, 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.

The said initiative, stemming from the Committee on Justice in the House of Representatives, 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.

To avoid further decongestion, government may also consider including the temporary release of curfew and ordinance violators after undergoing the necessary judicial process.

But if modes of temporary release are not feasible, CHR commits to continue monitoring initiatives in preventing the spread of the virus inside jails and other detention facilities, to 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; and other prevention initiatives, such as the establishment of isolation facilities for PDLs exhibiting COVID-19 symptoms.

We stress that 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. Inspiring the human right standards for PDLs, Nelson Mandela reminds that “[a] nation should not be judged by how it treats its highest citizens, but its lowest ones.” May this continue to serve as a guiding principle, especially for the government, in upholding the rights and dignity of all. ###