Leveling the playing field

A very positive effect of the on-going outcries over the special treatment given to the Senators accused of plunder and to other rich and powerful or influential accused, is Malacanang’s assurance of judicial reforms in our criminal justice system. Let’s just hope that this is not  another publicity gimmick to improve the image of P-Noy coming as it does from the Palace drumbeaters in Presidential Communications Operations Office.

To show its sincerity in pursuing these alleged reforms, Malacanang should immediately take steps to improve our jails or the prison facilities all over the country for they form part of the five pillars in enforcing and promoting our criminal justice. In fact there would have been no necessity of providing “special cells” for these rich and powerful people and no loud protests over their special treatment would have arisen if the conditions in the jails all over the country will all be in the same condition as those “special cells.”

P-Noy should be informed, if he does not know yet, the deplorable and inhuman conditions of the jails throughout the country. Typical of such jail can be found in Quezon City. As of last count there are more than 5,000 inmates detained in said jail that can accommodate 800 only. Such congestion often causes jail riots as prisoners fight for any available sleeping space if they cannot agree on taking turns for a brief rest during the night. Aggravating the situation are the poor and inadequate health and sanitation facilities which cause various sicknesses and ailments among the detainees that sometimes lead to their deaths. The foods served inside these jails are not only insufficient but also seem unfit for human consumption and not conducive to healthy existence.

For as long as our detention centers remain in such a degrading and cruel condition, there will be no fairness, justice and equality between the rich and the poor in our country. And the reason is obvious. Almost 95% of those detained inside these jails are persons charged with crimes which grant them the right to post bail so that they can be temporarily released while their cases are still being heard in court and their guilt not yet been proven beyond reasonable doubt. But because of poverty, they are forced to stay inside these jails.

Poverty deprives them of the chance to avoid the cruel and degrading conditions inside these jails while their guilt has not yet been proven beyond reasonable doubt, since they cannot exercise their right to post the necessary bail for their temporary liberty.

Poverty deprives them of the freedom they are still entitled to and can enjoy because they cannot afford to pay the bail for their release.

Poverty actually deprives them of the right to be presumed innocent until proven guilty because they are in effect already serving the penalty of imprisonment before being convicted beyond reasonable doubt.

On the other hand, the rich who are charged with the same crime can easily avoid the same cruel and degrading conditions inside the jail because they can afford to post bail. They can still enjoy the freedom they are entitled to because they can easily post bail for their release. They are still actually enjoying that presumption of innocence since they do not suffer imprisonment yet until proven guilty.

Delay in the resolution of cases which is normal under of system of administration of justice also shows the inequality between the rich and the poor in our country. It is disadvantageous to the poor and advantageous to the rich.

Such delay in the administration of justice works against the poor who are accused of crimes since they are already languishing in jail while the case is being heard. And the height of injustice here happens when they are found innocent of the crime charged after a protracted trial. They have in effect served the penalty of imprisonment for the crime which they have not committed. And even if they really committed the offense and have been found guilty, they have, more often than not, stayed inside the jail longer than the delayed sentence imposed by the court.

On the other hand, delay in the administration of justice works in favor of the rich and powerful especially if they are really guilty of the crime charged that gives them the right to bail. Their non-detention affords them the luxury of time and enables them or their lawyers to resort to all sorts of delaying tactics that often results in their virtual acquittal because of several factors. First, the offended party simply loses interest in pursuing the case and desists from further pursuing the complaint; second, the documentary evidence mysteriously disappears; third, witnesses are terrorized or vanished into thin air or inexplicably meet their deaths or change their minds for good and valuable consideration. All of these factors thus contribute to the eventual dismissal of the charges or a verdict of acquittal.

This double standard of justice is obviously the very reason for the growing protest against the special treatment now being given to our Senators and the other rich and powerful accused. They are charged with crimes that do not entitle them to bail. But because of the special cells given to them they may be able to endure protracted trial and further delay their cases that may also end up in their eventual acquittal.

It is obvious however that this administration is already set on giving these rich and powerful people that special treatment. In fact P-Noy even favors a hospital arrest for Enrile after the PNP prepared special cells for Estrada and Revilla. They may have valid reasons for doing so. But at least they should also take immediate steps to convert all the jails in this country as special as those given to these people if they are really bent in making our criminal justice just a little bit fair and equitable between the rich and poor.

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