The Commission on Human Rights (CHR) has sought the release of 85-year-old Gerardo "Gerry" Dela Pena who, it said, had served almost 12 years in jail since his arrest on March 21, 2013.
Published reports stated that Dela Pena was convicted of murder in 2014 for shooting his nephew. He was sentenced to a prison term ranging from 20 to 40 years.
The same reports stated that before Dela Pena's arrest, he headed the Samahan ng Ex-Detainees Laban sa Detensyon at Aresto and was also a member of the human rights group Karapatan.
There were allegations that Dela Pena was a member of the New People's Army (NPA). He denied the allegations.
In a press statement, the CHR said: "It must be remembered that Dela Peña is already entitled for release after being qualified for executive clemency, including other political prisoners and persons deprived of liberty (PDLs)."
It said his release is pursuant to Resolution No. OT-08-02-2023 of the Board of Pardons and Parole which grants detainees release for those who are at least 70 years old and have served at least 10 years of their sentence. The said Resolution also takes into consideration those who suffer from terminal illness or serious disability, it also said.
At the same time, the CHR said that Dela Pena has served almost 12 years in prison, not including the total good conduct time allowance credits he has earned during detention.
It pointed out that in his decade-long imprisonment, Dela Pena's health has already declined, particularly his eyesight and hearing.
It said the government should put primacy in efforts that ensure a humane correctional system in the country, and pay close attention to the needs of elderly and sickly PDLs who are imprisoned in congested spaces, where their conditions may worsen.
While the CHR called for the release of Dela Peña, it also took the opportunity to call for the release of PDLs who have demonstrated good behavior and have met the legal standards for executive clemency.
Not only will this effort help the government in its ongoing jail decongestion efforts, but it will also mark a step towards the passage of the country’s National Preventive Mechanism bill in compliance with the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, it said.
It said it is committed to its Constitutional mandate on protecting, promoting, and fulfilling the rights of all, including those in places of detention."