BI chief: I’m not quitting

Immigration Commissioner Alipio Fernandez Jr. said yesterday he would not resign over last Monday’s escape of a suspect in the illegal deportation of kidnap suspect Zhang Du and two other Chinese nationals, insisting that he has been doing his job.

Fernandez downplayed calls for his dismissal raised by kidnap victim Jackie Tiu following the escape of Keerthi Jamahaya, a Sri Lankan national who was among those charged by the National Bureau of Investigation in connection with Zhang’s flight last May 7.

Instead, Fernandez said he has asked the NBI to conduct a separate investigation into the jailbreak to determine if the jail guards on duty at the time of the incident should be held responsible.

"I have sent a letter of request to NBI officer-in-charge Nestor Mantaring for them to conduct another investigation just like what they did in the Zhang Du case," Fernandez said in an interview.

Fernandez said he understands the sentiments of Tiu, who was allegedly kidnapped by Zhang in 2001, in reportedly asking President Arroyo to remove him from his post for alleged "incompetence."

"But we are investigating the issue already and we’re very serious in punishing those who would be proven to be negligent," he said.

It was the second time the Bureau of Immigration (BI) had been criticized recently for lapses in security at its detention center. Last May 7, Zhang was illegally deported to China despite facing an ongoing court trial for his involvement in the 2001 kidnapping.

As for the recent jailbreak, the BI earlier created an independent investigating panel to probe the escape of three foreigners from the bureau’s detention center in Bicutan, Taguig City.

Fernandez said another independent panel composed of three prosecutors from the Department of Justice (DOJ) was created to dispel suspicions of a whitewash. The team is made up of senior state prosecutor Emmanuel Velasco as chairman, and state prosecutors Olivia Non and Peter Ong as members.

Fernandez also officially ordered the relief of three BI agents who were assigned as guards at the time of the jailbreak: Carlos Garcia of the bureau civil security unit, and Antonio Tantay and Ray Abrau, both contractual confidential agents. All three were from Hussin’s office before they were assigned to the detention center as a result of Zhang’s flight.

He gave the team 10 working days to finish its investigation and come up with their report and recommendations.

Both the Chinese and Sri Lankan embassies have been notified about the jailbreak and were requested not to issue travel documents to the escapees. Photos of the three have also been posted in major ports in the country.

In a statement, Hussin admitted the incident was a result of "negligence" and has assured that the foreigners would not be able to leave the country since they do not have passports or any travel documents.

Hussin added that two teams of intelligence agents have been dispatched to track down and recapture the fugitives.

He also said two other detainees, who are co-accused with the two Chinese escapees on drug-related charges, would be invited to assist the investigation.

Keerthi escaped from the jail before midnight last Monday along with two Chinese nationals, identified as Tan Ti Shao and Go Sak Ping.

Fernandez told acting jail warden Benito Ramos to submit an explanation as to how the three foreigners managed to flee despite supposedly tight security at the detention facility.

It was found that the foreigners jumped from the window of Keerthi’s cell by cutting through the iron bars with pliers. At the time of the incident, there were only three guards to monitor over 110 detainees in the two buildings of the center.

Fernandez admitted that the detainees are still treated as "immigration violators" and not inmates "because the jurisdiction of the bureau is administrative and not criminal."

"We cannot impose rules similar to jails to these detainees because the issue on human rights would certainly be raised, considering that they are from foreign lands," stressed Fernandez.

As for the foreigners facing criminal charges in local courts, Fernandez explained that the bureau has already appealed for their transfer to jails as he admitted that "escorting these foreigners to courts is still highly risky for the bureau."

Fernandez earlier vowed to penalize the jail guards involved in the escape if proven guilty of either negligence or connivance with the foreigners.

Immigration bureau officers and other government personnel could face dismissal from government service and criminal cases before the Office of the Ombudsman as maximum penalty.

Several immigration bureau officials and personnel, including the chief of the bureau’s intelligence division, are facing graft and other criminal charges for Zhang’s illegal deportation.

The NBI’s Interpol division is currently seeking assistance from Chinese law enforcement agencies to locate and bring back Zhang.

Zhang is believed to have used forged clearances from the NBI, immigration bureau and the court to leave detention. He was even escorted to the airport by immigration officers.