The CHR found that police authorities used "excessive force" during the siege at the jail facility which resulted in the death of 22 suspected Abu Sayyaf inmates and two jail guards and the wounding of a police officer.
During the weekly Fernandina media forum in Greenhills, San Juan, CHR Commissioner Wilhelm Soriano said the recommendation to charge Reyes, former PNP chief Director General Edgar Aglipay and PNP chief Director General Arturo Lomibao has been submitted to the Department of Justice (DOJ).
The CHR has also recommended to the DOJ the creation of a committee that will conduct a thorough investigation to determine the criminal liability of the assaulting police team and to file appropriate criminal charges against them.
In its 13-page resolution, the CHR said there was no clear and present danger or even a real threat to life that justified the use of police force.
"The response of the authorities is exceedingly not proportionate to the force used by the person who staged the failed escape attempt," the CHR report released to the media yesterday stated.
Moreover, it said that there were inmates who, aside from not having any involvement in the failed escape try, were summarily executed.
The CHR specifically noted the assault made on Abu Sayyaf leader Nadjmi Sabdula, alias Commander Global, who was asked to take off his clothes before he was killed and a certain Ibrahim Joe, who was shot to death after he was instructed to enter a cell.
The CHR resolution also mentioned that another Abu Sayyaf leader, Ghalib Andang, alias Commander Robot, was shot by a member of the Special Action Force (SAF).
"Evidently, there exists a probable cause that human rights violations have been committed," the report said.
Aside from Commanders Global and Robot, Alhamser Limbong, alias Kosovo, also died in the incident.
Former National Capital Region Police Office (NCRPO) chief Director Avelino Razon said police recovered eight firearms, two hand grenades and improvised firebombs from cells used by the Abu Sayyaf inmates.
Government negotiators led by Reyes, however, waited for more than 26 hours and extended negotiations seven times before the assault was launched.
Malacañang was not bothered by the CHR recommendation, saying that the police at the scene had correctly assessed the situation in the jail facility and exhausted all peaceful means to resolve the hostage crisis. — Katherine Adraneda, Sandy Araneta, Paolo Romero, Cecille Suerte Felipe