Relatives of so-called political detainees on Thursday, December 3, asked Chief Justice Diosdado M. Peralta to institutionalize in the country's judicial system a Writ of Kalayaan as a legal remedy to check cases of “cruel, inhuman, and degrading punishment.”
The writ would help in decongesting jails especially at this time of COVID-19 pandemic, the relatives said in a letter to Peralta.
They echoed the suggestion of Associate Justice Marvic Mario Victor F. Leonen in his opinion on the case of 22 persons deprived of liberty (PDLs), most of whom are elderly and sick, and have claimed they are political detainees.
In the case of the 22 PDLs, the Supreme Court (SC) remanded it to the trial courts for immediate action on pleas for bail and release on recognizance.
In his opinion, Leonen proposed the adoption of the Writ of Kalayaan “when all the requirements to establish cruel, inhuman and degrading punishment are present.”
Among other extra-ordinary legal remedies, the judicial system now has the writs of habeas corpus (on illegal detention), Amparo (on other rights aside from illegal detention), habeas data (on privacy of communication), and kalikasan (on environment protection).
Through Fides M. Lim, spokesperson of Kapatid – a support group of families and friends of political prisoners – and wife of detained National Democratic Front consultant Vicente Ladlad, the relatives told Peralta:
“The Writ of Kalayaan proposed by Justice Marvic Leonen provides an extraordinary legal remedy grounded on social justice and humanity to address the problems of jail congestion, subhuman prison conditions amid the continuing pandemic and violations of the rights of people deprived of liberty.
“We only seek justice and we appeal to your sense of compassion and sensitivity to urgently address the subhuman conditions in Philippine jails that have become a systemic problem. The High Court under your leadership can well flesh out the key pointers of Justice Marvic Leonen on the proposed Writ of Kalayaan….
“The Writ of Kalayaan would be similar to the Writ of Kalikasan, only that the Writ of Kalayaan would be a continuing mandamus for agencies concerned to protect the PDLs from being infected with the virus by decongesting the jails.”