Countries releasing inmates to fight Covid-19 pandemic

Yesterday, Good Friday in Christendom, the solemn and somber air conflated with dread as the Covid-19 global surge had already infected more than 1.5 million people.  It continued to spread in 177 countries. Recorded deaths reached 91,000.

Recording the highest incidence of confirmed cases was the United States: 430,000 (three times the combined cases of Italy, Spain, and China), according to the Guardian.  The New York Times figure was 449,000.

Nearer to home, Hong Kong, Singapore and Taiwan – which until recently had been seen as successful in taming the pandemic’s surge  – now confront new waves of coronavirus cases, largely caused by people arriving or returning from abroad in the past two weeks.

It is thus suggested that even as countries prepare to ease their lockdowns, they need to continuously monitor potential new cases to prevent a second deadly outbreak. This observation is  contained in a  new study reported by the NYT.  Conducted by Hong Kong researchers, the study focused on the containment measures implemented in China – which recently loosened restrictions in Wuhan City, the original Covid-19 epicenter.

On the global economic front, apparently responding to the appeal of UN Secretary General Antonio Guterres, the Group of 20 wealthiest nations, besides the International Monetary Fund and World Bank, were set to hold virtual meetings soon to discuss plans to offer debt relief to the world’s poorest nations. Also up for decision is a proposal to increase the funds available to the IMF by adding US$500 billion more in special drawing rights (SDRs), a form of currency created in 1969 to supplement shortfalls in the foreign exchange reserves of IMF member-countries.  As of October 2014 (per Wikipedia), there remained intact, after the 2008-2009 financial-economic crisis, US$204 billion worth of SDRs.

As backdrop to these meetings, the World Trade Organization has warned of two scenarios, in view of the Covid-19 pandemic: a 13% “shrinkage” in world trade as the most optimistic, or a “shrivelling” by 32% as the gloomier outcome.  The latter scenario would be at par with what happened in the 1929-1932 Depression, the WTO said.

Seen as posing a problem in these two virtual meetings is the US stance (or rather, the stance of President Donald Trump). Trump continues to bicker with China, blaming it for causing the new coronavirus to spread. And he objects to more SDRs, because part of these would go to Iran, against which the US maintains stringent economic sanctions.

Meantime, to stem the Covid-19 spread in overcrowded prisons, at least nine countries so far have begun to temporarily release tens of thousands of prisoners since the last week of March. Some of these countries’ leaders may have heeded the March 25 call by UN High Commissioner for Human Rights Michelle Bachelet, urging governments fighting Covid-19 “not to forget those who are in prison and protect those working in closed facilities.” She warned: “The consequences of neglecting them are potentially catastrophic.”    Pope Francis immediately endorsed her call, urging state authorities “to be sensitive to this serious problem and to take the necessary measures.”

Others, such as the United States and Britain which both dithered in responding to the pandemic, appear to have been impelled to act by the outbreak and rapid spread of the infection in their countries and detention facilities. Only in early April did the two governments take official action. Still their actions have been criticized as too slow in implementation.  In the US, two states (California and New York) moved to release prisoners ahead of the steps ordered by the federal government.

The nine countries that have begun decongesting their prisons are Iran, Poland, Afghanistan, India, Indonesia, Morocco, Myanmar, Britain, and the US. (Except on the US, Rappler had earlier reported on these developments).

Iran has already released 85,000 prisoners, mostly low-risk and nonviolent offenders; Indonesia has freed 18,000, targeting 30,000 mostly juvenile offenders and those who had served 2/3 of their sentences; Morocco’s King Mohammed VI pardoned at least 5,000 on April 5; and Afghan President Ashraf Gani by decree freed 10,000 (aged 55 and above, women, children and the sick).

Meantime, Poland planned to allow some 12,000 convicts to serve out their remaining prison terms at home, monitored via electronic tags; the Indian government directed states to set up panels to manage the releases, including convicts jailed for over 7 years and those awaiting trial for cases calling for maximum 7-year imprisonment. The Guardian has reported that in England and Wales, some 4,000 low-risk prisoners were to be temporarily freed, electronically tagged, in stages but subject to recall “at the first sign of concern.”

Here at home, the government and prison authorities have been ignoring the appeals by human rights advocates for the release of certain political prisoners and to decongest jails, in accord with Bachelet’s call. Only this week, an inmate at the terribly overcrowded Quezon City jail died with probable connection to Covid-19; only then did the BJMP set up an isolation facility to separate the 17 other inmates found to have had close contact with the one who died. No action to decongest the jail was taken.

Seizing this breach of inaction, 23 political prisoners, through their relatives assisted by the Public Interest Law Center, decided on a “novel approach” to their plight.  Filing an urgent petition before the Supreme Court, they asked for their temporary release, on humanitarian ground, for the duration of the public health emergency and the extended lockdown in Luzon ordered by President Duterte.

Human rights lawyer Rachel F. Pastores said the petition asks the high tribunal to allow their release on either bail, recognizance, or other noncustodial measures. Additionally, it asks for the promulgation of guidelines for the release of other prisoners similarly situated: elderly (60 years old and above), those suffering from medical conditions such as diabetes, hypertension, cardiovascular disease, and asthma, as well as pregnant women.

The 23 petitioners are still undergoing trial or their cases are being appealed, Pastores explained, but as “courts are on hiatus” during the emergency period, they are asking to be allowed to stay in their homes as long as the lockdown is in place and the public health emergency remains.

The DOJ, DILG, the BJMP, and the Bureau of Corrections, they urge, must “promptly create mechanisms, including Covid-19 testing after [their] release and upon return to prison” to ensure their life and health. Also a Prisoner Release Committee should be set up to urgently study and implement the release of similarly vulnerable prisoners in various congested jails throughout the country.

How the Supreme Court will act on this petition may well be evaluated vis-à-vis what the courts in the nine countries cited above have done.

Email: [email protected]