MANILA, Philippines — The Department of Social Welfare and Development on Sunday backed the House Committee on Justice's recommendation to temporarily release low-level offenders on bail amid the novel coronavirus (COVID-19) pandemic.
In a statement issued Sunday afternoon, DSWD spokesperson Irene Dumlao said the department's support was due to humanitarian reasons, especially since physical distancing is difficult if not impossible in the country's congested jails.
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Data from the Bureau of Jail Management and Penology says that over 90% of prison detainees are awaiting trial, undergoing trial, or awaiting final judgement, while 374 out of the country's 467 jail facilities (80.1%) were listed as congested. On April 9, the BJMP also reported that a detainee died of a heart ailment, and hypertension with suspected links to the new pathogen.
“As the lead social protection agency, the [DSWD] fully supports the recommendation of the House Committee on Justice, [for] the temporary release on bail of elderly and sickly detainees in 'highly congested' jails in the country due to COVID-19, citing humanitarian reasons,” Dumlao said.
“[T]he elderly, especially those with underlying illnesses, as well as the sickly are vulnerable to COVID-19. Staying in crowded jails would expose them to greater risk of contracting the disease aggravating their situation."
A group of 23 detainees last week, among them people who are elderly, sick or pregnant, petitioned the Supreme Court to allow their temporary release on humanitarian grounds.
"Petitioners are praying for a fair chance at surviving the devastating impact of the COVID-19 outbreak in spaces that are not blighted with the overcrowding and lack of access to hygiene measures and medical care," they said.
A matter of human rights
On April 7, Sen. Leila de Lima, who chairs the Senate Committee on Social Justice, Welfare and Rural Development, also recommended the release "qualified" persons deprived of liberty, highlighting that a strict criteria should be used in determining qualified releases.
READ: De Lima reiterates call to release 'qualified' inmates after suspected COVID-19 death in QC jail
"Many of them, including prisoners at the Quezon City Jail, are poor. Many of them are supposed to be out already, but they aren’t because they cannot afford bail," she said in a release.
In a statement issued April 6, international rights organization Human Rights Watch also called for the government to release inmates being detained for "low-level and non-violent offenses" along with older prisoners and those with underlying medical conditions.
“The Philippine government should urgently reduce overcrowding in detention facilities, by releasing minor offenders and prioritizing the release of older prisoners and those with underlying health conditions at particular risk from COVID-19,” said Phil Robertson, deputy Asia director at Human Rights Watch.
“Failure to act now could result in a serious outbreak in the country’s jails and prisons, threatening the lives of prisoners whose health the authorities have a duty to protect.”
Human Rights Watch also said that the chief executive's war on drugs only served to congest prisons in the country more, as "hundreds of thousands" have been jailed since 2016 as a result on the crackdown on illegal narcotics. Rights groups have long tagged the Duterte administration's effort as anti-poor as it would allegedly target mostly small-time peddlers.
Dumlao said the DSWD hoped "that all concerned agencies will be able to immediately consider this proposal and ensure that compassion and humanitarian considerations will be upheld during this time of public health crisis."