CHR says Joavan can be sent to rehabilitation

CEBU, Philippines - The Commission on Human Rights said that submitting Joavan Fernandez to mandatory drug rehabilitation does not violate his constitutional rights.

CHR-7 regional director Alejandro Alonso, Jr. said that it is provided under the law to submit a person proven to be addicted to illegal drugs to undertake rehabilitation.

“There is no human rights violation.Dili man na unconstitutional,” Alonso said.

This is contrary to the opinion of Dangerous Drugs Board undersecretary Clarence Paul Oaminal that a Supreme Court decision may derail Talisay City Police chief Henry Biñas’ move to ask a court order for Joavan’s mandatory rehabilitation.

Oaminal cited the high tribunal’s decision in November 2008 that declared as unconstitutional the conduct of mandatory drug testing on persons accused of a crime.

Oaminal was referring to the case filed by the Social Justice Society, with Atty. Manuel Laserna and Sen. Aquilino Pimentel Jr., against the DDB and the Philippine Drug Enforcement Agency.

However, Alonso said the ruling is not applicable to Joavan’s case because the decision of the Supreme Court pertains only to mandatory drug testing especially to students which might be used as a basis to deny them enrollment.

“If I were Soc Fernandez dili ko mo-oppose kay makaayo man na sa kid,” Alonso said.

Biñas filed a petition last week, citing Section 62 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002, asking the court to order the mandatory rehabilitation of Joavan.

The said provision states that, “If a person charged with an offense where the imposable penalty is imprisonment of less than six years and one day, and is found by the prosecutor or by the court, at any stage of the proceedings, to be a drug dependent, the prosecutor or the court as the case may be, shall suspend all further proceedings and transmit copies of the record of the case to the DDB.”

Joavan earlier tested positive for using illegal drugs following his arrest by the National Bureau of Investigation. In fact, he is currently facing the criminal case for using illegal drugs.

Joavan has been considered a threat to the peace and order in Talisay because of his infractions of the law.—Fred P. Languido/BRP (FREEMAN NEWS)