MANILA, Philippines — The Free Legal Assistance Group (FLAG) asked Chief Justice Diosdado Peralta to convene a council with the Departments of Justice and the Interior and Local Government to lead in crafting policies in helping decongest our jails amid the COVID-19 crisis.
FLAG National Chair Chel Diokno and Metro Manila Coordinator Theodore Te wrote a letter to Peralta urging him to convene the Justice Sector Coordinating Council (JSCC) which he leads, composed of teams from DOJ, DILG and other concerned agencies.
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The lawyers’ group said that the inter-government branches council may take charge in creating an interim policy on jail decongestion by accounting for inmates profile—including their cases and health status—and other circumstances that may warrant their early release.
The council can “discuss the strategies and plans and ways forward on this and other related areas and also to consult with stakeholders such as the families of those inmates affected may provide a humane, helpful, and humanitarian approach towards jail decongestion and treatment of prisoners during this pandemic,” FLAG said.
FLAG noted that JSCC may tap Justice Zones in specific cities to “initially assess the profile of detainees within specific cities and any extenuating circumstances that may warrant either early release or humanitarian treatment.
Local offices of the Bureau of Jail Management and Penology, Bureau of Corrections, the Prosecutor’s Office and Executive Judge may also be mobilized for such.
BuCor is under the Justice department while BJMP is an attached agency of the DILG.
“Toward this end, may we respectfully request Your Honor to consider convening the JSCC to come up with a clear and coordinated plan and a strategic approach towards jail decongestion and humanitarian treatment during this pandemic,” they added.
Pending study, petition
The DOJ is currently studying a proposal for the release of low-risk offenders to decongest BuCor penal facilities.
Their release, Guevarra said is a “multi-faceted matter” where “the pros and cons have to be carefully evaluated.”
The Justice chief explained that inmates in BuCor facilities are those serving final judgment. “So they may be released either through [Good Conduct and Time Allowance], parole or executive clemency.
Guevarra, meanwhile, said the decision of the Supreme Court on a pending petition of 22 inmates will cover those who are still facing trial.
This refers to detainees at the Bureau of Jail Management and Penology.
The petitioners sought for the SC’s “compassion and protection of their right to life and health amid the COVID-19 pandemic” and asked that they may be released on humanitarian grounds.
The SC will meet on a full court session on Friday. Reports said the petition filed by persons deprived of liberty is included on the meeting’s agenda.