The Bureau of Jail Management and Penology (BJMP) recently announced that 9 inmates and 9 personnel has tested positive for the coronavirus disease-19 (COVID-19) in Quezon City Jail. In Muntinlupa, 76 inmates and 80 personnel in New Bilibid Prison are also considered COVID-19 suspects. Today, 21 April 2020, the Correctional Institution for Women in Mandaluyong confirmed that 18 inmates and 1 jail staff test positive for the virus
The increasing number of jails with COVID-19 poses a growing threat to the health of persons deprived of liberty (PDLs). This necessitates urgent and decisive action to ensure that they are protected from the virus. As we have recommended early on, the plight of PDLs need to be guaranteed considering their vulnerability to the infectious disease due to congestion, jail conditions, and the impossibility of enforcing physical distancing in most places of detention.
We welcome the initial move by the Supreme Court directing the first- and second-level court judges to review their pending criminal cases towards the release of qualified PDLs. Their issuance reiterates the need to adhere to the Supreme Court’s 2014 guidelines on jail decongestion by enforcing the right of the accused persons to bail and speedy trial. It is hoped that this will be implemented with expediency for decongestion to begin.
However, comprehensive decongestion plans and efforts still need to be rolled out swiftly given the urgency of the situation. There is a need to move fast in establishing an ad hoc committee that will map out the guidelines for the temporary release of qualified PDLs, such as the elderly and the sick, those jailed for non-violent offences, and first time offenders among others.
We also recommend that such release addresses issues that PDLs will most likely encounter once they set foot outside of detention. These are transportation of PDLs back to their place of origin, support to those with no relatives, and assistance to the PDLs and their families during the period of crisis.
Aside from decongestion measures, risk mitigation must also be implemented. This includes ensuring access to water and hygiene products, regular disinfection and sanitation of cells, provision of information about COVID-19, establishing healthcare protocols, and ensuring medical care and mental health services for all detainees especially those infected.
PDLs have the same inherent dignity and right to health as the general population. They are in detention so they may be reformed as they serve their sentence and may eventually reintegrate to society. Their health and life should not be imperiled while in custody.
In our united effort to heal, humanitarian ideals should prevail even as we ensure accountability to crimes and offences. Let this be manifested through the equal protection of the rights and dignity of the last, the lost, and the least in our society. ###