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Ombudsman urged to review dismissal of raps vs cops over secret jail cell

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Ombudsman urged to review dismissal of raps vs cops over secret jail cell
This photo taken in 2017 shows then-National Capital Region Police Director Oscar Albayalde inspecting a makeshift cell hidden behind a shelf in the Manila Police District Station 1’s drug enforcement unit office.
The STAR / Edd Gumban, File

MANILA, Philippines — The Commission on Human Rights has appealed the Office of the Ombudsman’s dismissal of complaints against police officers over a secret Manila cell, which the watchdog said is a “setback” in efforts to eliminate the illegal practice of secret detention facilities.

“We appeal to the Ombudsman to thoroughly review their decision. It is crucial that we work together in ensuring that grave abuses are held to account to prevent such abuses from happening again,” the CHR said. They confirmed that they filed a motion for reconsideration before the Ombudsman on February 1.

Rappler reported that the Ombudsman dismissed the commission’s complaint against police officers assigned at the Manila Police District ruling that there was no showing they did it in bad faith. The report also said that the CHR bears the burden to prove there was another available space for detention which is better than the hidden jail and that the respondent cops “intentionally and maliciously” refused to place them in a better confinement area.

The CHR, in its statement on Tuesday, stressed that torture and degrading treatment of detainees usually happen inside these hidden jails. “Hence, it is expressly prohibited in the Constitution and Anti-Torture Act of 2009 to prevent abuses and violations against detainees,” it added.

It added that they filed the complaints to exact accountability from erring police officers. They stressed scawalags among cops will not be dealt with, if those who commit serious violations will not be held liable.

“The liabilities of the police not only breach human rights standards but also their very own police operational procedures. Their lapses and actions in this case negated their very mandate, which is ‘to serve and protect,’” it added.

“As institutions tasked to check abuse of power, the protection of the rights of all, particularly the vulnerable sectors, is the essence of our mandate. It is crucial that we preserve the faith of the people in the rule of law by demonstrating with resolve that justice can ultimately prevail,” the CHR also said.

Secret jail cell

The CHR filed complaints of grave threats, arbitrary detention, grave coercion, robbery, extortion and violation of the Anti-Torture Law against Manila policemen in 2017.

In a letter to then-Ombudsman Conchita Carpio-Morales, CHR Commissioner Karen Gomez-Dumpit said their special team discovered 12 detainees, whose names were not in the station’s logbook, in a closet sized-cell with no light and windows.

The detention area measured about one by five meters, had only one ceiling fan and one male urinal, which forced the detainees to defecate in plastic bags.

“The detainees were discovered to have slept in sitting position for lack of space and with no provision of beds, and that some had not eaten for days. Some detainees have also alleged that they were beaten and electrocuted,” Dumpit also said. — Kristine Joy Patag with reports from The STAR/Janvic Mateo

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COMMISSION ON HUMAN RIGHTS

OFFICE OF THE OMBUDSMAN

PHILIPPINE NATIONAL POLICE

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