Pubdate: Mon, 25 Apr 2005 Source: Philippine Star (Philippines) Copyright: PhilSTAR Daily Inc. 2005 Contact: http://www.philstar.com/ Details: http://www.mapinc.org/media/622 Author: Jarius Bondoc Cited: Philippines Dangerous Drugs Act of 2002 Bookmark: http://www.mapinc.org/prison.htm (Incarceration) JAILING 3 INMATES PER SQUARE-METER The country's securest jail literally was caught off guard. A handful of guards were on their 16th hour of straight duty at dawn of Mar. 14 at the Metro Manila District Jail inside Taguig police Camp R. Papa. Hungry and tired, some of them were napping on desks, others showering. Most were dutifully at their posts although equally groggy and terribly undermanned. The shift that was supposed to take over the night before had not shown up. It was a perfect scenario for a jailbreak for 15 inmates, members all of the Abu Sayyaf and adept at battle planning. Two "trustees", inmates assigned housekeeping chores, were serving breakfast as usual. One was boiling noodle soup just outside the first gate to the kidnapping indictees' high-security dorm. The other had unlocked the inner gate to hand out bowls. Five escapees overpowered them in a flash. Others quickly filed out, freeing more confederates with stolen keys. Armed with four handguns, grenades and daggers that visitors had managed to sneak in weeks before, they attacked and killed three sleepy guards, and padlocked another inside the bathroom. They ran into and shot a fifth guard as they were exiting the building. Fortunately the shots alerted sentries on elevated outposts outside, and they forced the escapees back in with a volley of rifle fire. But the latter, by then numbering more than 30, took dozens of fellow-detainees hostage at the second-floor cells and ordered all the remaining guards out but leave their guns behind, or else face a massacre. After a 27-hour impasse, police assaulted the building with teargas and rifles, killing 22 inmates and losing one comrade. That was how the interior office reconstructed events to find out last week where the Bureau of Jail Management and Penology (BJMP) had gone wrong. Foremost in the list of lapses was entrusting keys to "trustees". It is barred by the BJMP manual of procedures, but happened just the same due to manpower shortage. That the detainees had guns - smuggled piece-by-piece buried in cooked-rice pots, according to a confessed escapee - also pointed to lax checks on visitors. Some say it also magnifies the BJMP's lack of modern detection gadgets. And that the guards temptingly carried holstered handguns inside the jail corridors and were easily overpowered smacked of indiscipline and ill training. All this boils down, however, to an acute scarcity of funds for jail maintenance - a malady that afflicts all the country's detention facilities. The Taguig jailbreak could well have occurred - with similar grim outcomes - - in any of the BJMP's hundreds of district, city and town jails. (Provincial jails are under the capitols' supervision; cells for convicts, the Bureau of Prisons and Corrections.) All the jails are undermanned. BJMP has barely 5,000 personnel - including those on administrative duties - handling roughly 60,000 inmates nationwide. The ideal guard-to-inmate ratio is 1:7, but in RP it's 1:14. BJMP needs to double its strength, but the government has no money for it. In some rural jails, the ratio is 1:60; urban jails can be worse at 1:120. At the Taguig jail, a 105-man staff works long shifts handling 1,420 inmates. To meet the right ratio, it must have 600 men. Only half of BJMP guards have guns. Detainees have to be brought to courts for trials. The ideal inmate-to-escort ratio is 1:1 + 1, that is, 11 escorts for 10 inmates, or 21 escorts for 20 inmates, and so on. On a given day, however, there's only one escort for every 20 inmates in transit. No wonder, Sen. Ralph Recto counts one escape every three days. Undermanned, under-equipped, under-trained, that's the plight of jail guards. And it's only half the story. Detainees are presumed innocent until proven otherwise, and so placed under the interior office's BJMP, not the justice department's prisons. But the budget lack punishes them well before conviction. Most jails are congested five times over. There are not enough bunks for detainees. With only one bed for every 20 of them, most have to sleep on the cold cement floor, often in turns. The UN Minimum Standards for the Treatment of Prisoners requires a space of three square-meters per inmate. In RP, the usual is three inmates per square-meter. BJMP has no provisions for clothing, beddings and toiletries. There is only one toilet bowl per 100 inmates. BJMP's food budget per detainee is a dismal P11.70 per meal, or P35 per day. The allocation for medicine is P56 per inmate per year. Yet the inmate population has been growing at least 12 percent per year, largely from the passage of the Comprehensive Dangerous Drugs Act of 2002, which made selling any small or big amount of drugs a no-bail offense. The minimum bail for the lighter charge of drug possession under it is P200,000, hardly affordable for the addict in the slums. The reenactment of the 2002 national budget in 2003-2004 placed 14,000 new detainees outside the food and medicine payroll. Thus, sickness spread, and 172 jail deaths were listed last year alone. At the Quezon City jail, where 3,200 detainees are packed into a space for only 600, there were five deaths per month. It would have been worse had city hall not donated funds to feed the inmates and expand the facilities from the old 400-capacity. The average jail stay of inmates in bailable cases is one year; for no-bail offenses, three-and-a-half years. Yet, only one out of five eventually is judged guilty as charged. The rest are either found innocent, or turn out to have stayed in jail for the same length of time they would have served in prison had they been convicted. So much for the presumption of innocence. - ---