In lieu of the COVID-19 outbreak, the persons deprived of liberty globally had trouble communicating with their friends and family. This circumstance also affects most especially senior PDLs who need family guidance. The difficulty has multiplied due to public health limitations, such as the prohibition of face-to-face visits in numerous nations during the past year. As opposed to procedural sessions such as appeals, various parties (or, in criminal cases, the accused and prosecution) and attorneys often show up personally before the court with cases of criminal or civil trials. The same would be on when an individual who has been detained or arrested on suspicion of a crime is summoned before a judicial body for the first time in the moments or days after their detention. However, several judiciaries are offering the option of enforcing a necessity that people and their attorneys only attend such sessions through video-conferencing or comparable replacements for physical presence in reaction to the COVID-19 pandemic.
PDLs in the Bureau of Jail Management and Penology and COVID-19 confinement facilities are now able to stay in touch with their friends and family and now even attend court proceedings virtually; thanks to the development of the Internet as well as the donations of tablets and computers devices along with the sim cards and internet browsing load by the International Committee of the Red Cross (ICRC). The initiative of the BJMP to establish e-dalaw has been around for a long time; however, the pandemic made it much more necessary. They had a particular emplacement for it, but most prisons lacked the necessary equipment. Sometimes the BJMP uses the gadgets to support electronic court sessions for pre-trial detainees or one of their other services, such as medical evaluations and drug dependency assessments. The International Committee of the Red Cross supports the e-dalaw program by issuing certain institutions posters with instructions on disinfecting and sanitation supplies to ensure that the program will not cause the spread of the virus. Before and after using the gadget, PDLs must disinfect their hands thoroughly with soap and water; and cleanse them with alcohol. Even during meetings, they should also wear a mask. Additionally, after each usage, the gadget gets disinfected.
It is absolute that the Bureau of Jail Management and Penology has been consistent to maintain its duties to oversee, monitor, and administer the management and operations of regional, city, and municipality prisons and jails countrywide with the dual goals of maintaining and advancing the welfare of persons deprived of liberty. Through the directives on several programs that constitute the welfare and security of the PDLs inside the Jails, there are established distinct programs that cater to the services and exceptional needs of the classified vulnerable groups, which the BJMP acknowledged. It is recognized and incorporated in the handbook that Senior Citizens are included in the aforementioned group and may be classified as those who are above sixty years of age and belonging to the old age bracket. As stated in Rule IV of Treatment of Inmates with Special Needs, Section 34 (11, c) “Collaboration with other government agencies and community-based senior citizen organizations should be done to ensure that the services due the senior citizen inmates are provided.” Mainly, senior PDLs may access their rights through the help of the master list of senior citizens PDLs obtained per jail unit to monitor the transaction and services made by the elderly. Undoubtedly, they are not left behind in any circumstances.
Affirmatively, the rights of senior PDLs are not refuted due to the policy stated in the handbook, correlative to PDLs in general as their rights are protected despite the COVID-19 emergency. Deeming that there are still parameters, the e-dalaw, and virtual court hearings and trials are still utilized through the assistance of the Jail Officers to ensure the accuracy of the data provided to the senior PDLs, especially since there is a concrete basis for the digital divide among elderly. The role of the Jail Officer is crucial, chiefly in situations as important as this, as they are liable for any misinformation concerning the rights of the senior PDLs – their ability to access the confidential data has a process to coordinate with the senior citizen organizations for the synchronization of services. For the concerns regarding the case of a senior PDL, Jail Officer must inform the paralegal officer or their attorney through a written report to give notice to courts and agencies indicating it is a priority. The intervention of the Jail Officers is the actual implementation of the BJMP to ensure that the exceptional needs of the senior PDLs must be accessible in any circumstances.
The treatment of any PDLs must conform to professional services, law-abiding classification, and without discrimination of any like – an inmate shall always be respected despite their condition. Indeed, the policy consolidates the provision of programs and services for senior PDLs, e.g., rights to request free legal aid, tutoring services, priority in health services, and specialized activities, which remotely empower the elders to socialize and strategize matters. Through this, senior PDLs are experiencing the benefits of being a senior citizen despite being an inmate. The policy augments a route for the senior PDL to enrich their skills and talents that emphasize the Filipino traditions and essence of nation-building through programs that may be associated with their individual growth as they advance age. Several circumstances may be unfortunate and regretful in the perspectives of senior PDLs, yet it is never a hindrance to let them feel that they are being advocated for, cared for, and loved by their families.
Indeed, massive gratitude and respect to Jail Officers for assisting the senior PDLs benevolently.
References:
Bureau of Jail Management and Penology. (2015). BJMP Comprehensive Operation Manual. Retrieved from https://www.bjmp.gov.ph/images/files/Downloads/BJMP_OPERATIONAL MANUAL_2015.pdf
Bureau of Jail Management and Penology. (2019). Treatment of PDL with Special Needs. Retrieved from https://www.bjmp.gov.ph/images/files/policies/2019/16-06.11.2019%20TREATMENT%20OF%20PDL%20WI TH%20SPECIAL%20NEEDS.pdf
ICRC. (2021). Love Behind Bars In The Time Of Covid-19. Retrieved from https://www.i=crcnewsroom.org/story/en/1943/love-behind-bars-in-the-time-of-covid-19
ICJ. (2020). Videoconferencing, Courts and COVID-19 Recommendations Based on International Standards. Retrieved from https://www.unodc.org/res/ji/import/guide/icj_videoconferencing/icj_videoconferencing.pdf