Court order needed for temporary release of inmates

(File Photo)
(File Photo)

THE Bureau of Jail Management and Penology (BJMP) clarified on Monday, April 13, that persons deprived of liberty (PDL) may be temporarily released only if there is a court order.

BJMP spokesperson Chief Inspector Xavier Solda confirmed BJMP’s openness to calls for the temporary release of inmates to lessen the risk of spreading the novel coronavirus, or Sars-CoV-2, in overcrowded jails. This virus causes the coronavirus disease (Covid-19).

But he was not very optimistic that this will happen because the courts have limited operations and may not be able to issue release orders soon.

The judiciary’s operations have been limited because of the enhanced community quarantine that is still in effect over the entire Luzon as a measure to prevent the spread of Covid-19.

“We support any move to decongest our jail facility. Concerned kami sa mga PDL namin but we are just following orders from the court. As far as the BJMP is concerned, definitely we cannot order for the release of the PDL under our care,” Solda said in telephone interview Monday, April 13.

“We will not release any PDL without proper court order. Basically ang trabaho lang ni BJMP ‘safe keeper’ lang kami, kami lang nagcu-custody ng mga PDL natin,” he added.

Solda also expressed apprehension over the temporary release of inmates.

“How can we be sure that those who will be temporarily released will go back to their respective facilities once natapos na ang Covid-19 at ipatawag sila? Can they assure na mapo-prtotektahan nila ang PDLs na hindi maapektuhan ng Covid-19?” said Solda.

Solda said all BJMP facilities remain Covid-19 free although 21 inmates have been quarantined and subjected to diagnostic tests for the new coronavirus.

BJMP Director Allan Iral, in a letter sent to House committee on justice chairperson Vicente Veloso III on April 9, said they supported the committee’s recommendation to decongest jails by temporarily releasing eligible PDL as an “immediate and effective repose to combat the Covid-19 pandemic”.

Solda, in Monday’s telephone interview, said the congestion rate in the 468 jail facilities under the BJMP is 534 percent.

Veloso, Leyte 3rd District representative, earlier wrote to Iral his committee’s recommendations to temporarily release elderly and sick inmates as a measure against the spread of Covid-19.

The committee had recommended the following: creation of an ad hoc committee including the BJMP; establishment of guidelines for possible temporary release of eligible PDL; testing of all PDL qualified for release; and monitoring of released PDL by barangay officials and the Philippine National Police.

“The BJMP does not have any opposition to this noble intention. We support the idea that jail decongestion at this point in time is an immediate and effective response to combat the COVID-19 pandemic," Iral said in the letter.

“We cannot afford to put the life of any PDL at risk, hence, the expeditious release of all qualified PDL by reason of a court order on the basis of the proposed omnibus reduction of bail mentioned in the committee’s recommendation is an idea we strongly subscribed to,” he added. (SunStar Philippines)

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