Group asks SC to implement ‘writ of kalayaan’

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The Supreme Court has been prodded to implement the proposed “Writ of Kalayaan” as a legal remedy against “inhuman punishment” suffered by detainees inside “substandard” jails.

Kapatid spokesperson Fides Lim invoked “the primordial constitutional rights to life, to health, and against cruel, degrading or inhuman punishment that are violated by substandard conditions of imprisonment.” Under the proposed writ, there would be “a continuing order that those in charge of the custody of the persons deprived of liberty to comply with the court-sanctioned plan to rectify or improve the substandard or inadequate conditions of prison facilities within a reasonable time and if not met, an order will be issued for the release of the PDLs, either thru bail, recognizance or probation, following the order of precedence until the facility have been brought to a humane level.

Catapang said that BuCor “has formulated a five-year Development and Modernization Plan 2023-2028 to build regional prison facilities to decongest and modernize the existing penal institution and accommodate the increasing number of PDLs committed to the agency.” Citing BuCor’s own records, Lim said that “1,166 of 48,501 prisoners died in 2021” which meant that there were at least three PDLs who died every day that year.

 

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