2020 Annual Report on the Human Rights Situation in the Philippines 51 Mechanism (INPM), despite the ongoing debate at the international level on whether or not NPMs should give direct interventions during pandemic, agreed to engage themselves to give direct service in terms of conducting webinars on maintaining mental health in times of Covid for various jail and prison personnel. 164 Towards the end of the year in 2020, the INPM received a letter of request from Action by Christians for the Abolition of Torture and Death Penalty (ACAT-Switzerland) posted on the People’s Recovery Empowerment Development Assistance Foundation (PREDA) website raising its concern about children in three Bahay Pag-Asa facilities within the National Capital Region experiencing inhumane conditions in detention and violence committed against them by the facility personnel. In response, the INPM did three remote monitoring visits called e-dalaw (from the root word dalaw, which means “to visit”) at the Bahay PagAsa of Pasig, Pasay, and Marikina and one actual physical visit to the same facility in Pasig City for follow-up purposes. All findings and observations were communicated to their respective Mayors and Facility Center Managers with corresponding recommendations on inadequacies observed. The INPM is poised to continue following-up on actions taken on the recommendations forwarded to their respective LGU executives and facility/center managers. 165 On 17 April 2020, the Supreme Court conducted its historic first virtual en banc session to tackle the petition for temporary release.229 The Supreme Court ordered the government, through the Office of the Solicitor General, to file its comment until 24 April 2020, and the respondents to take all preventive measures necessary to address COVID-19 and to submit verified reports within the same period.230 As of September 2020, the petitioners were only informed through a press release about the rendered decision. “The decision is to not rule on the holistic petition and would rather have trial courts assess the prisoners’ eligibility for bail.”231 166 In November 2019, Kadamay urban poor organizer Reina Mae Nasino, a 23-year-old pregnant woman, was arrested for the possession of firearms and explosives after police raided the Bagong Alyansang Makabayan office in Tondo.232 167 Nasino gave birth to River on 01 July 2020. The NUPL petitioned to allow her to remain at the hospital and later at the Manila City Jail for a year to take care of her daughter, citing the child’s basic right to be breastfed by her mother. The petition was denied, citing that the jail has very limited resources to care for Nasino and her baby and that there were no facilities for childcare at the jail. Baby River was given under the care of her grandmother Marites Asis. 229 Patag, K.J., “SC to government: Answer inmates’ petition for temporary release amid COVID-19 crisis,” Philstar. com,17 April 2020, available at https://www.philstar.com/headlines/2020/04/17/2007927/sc-government-answerinmates-petitiontemporary-release-amid-COVID-19-crisis, accessed 26 April 2020. 230 On April 24, 2020, the Office of the Solicitor General (OSG) submitted its Comment. OSG argues that the congestion of jails and prisons is not among the grounds for the release of PDLs, including older persons and the sickly. Solicitor General Calida further states that the failure of Philippine prisons and jails to meet the high international standards does not warrant release of PDLs. In fact, the petition did not show any complacency on the part of the State and that the existing guidelines on release of PDLs demonstrate that the government has already adopted measures to decongest places of detention. With medical services available in prison and jails, it will be better for PDLs to remain incarcerated during the pandemic. Buan, L. (“Congestion not reason: Calida blocks petition to release vulnerable prisoners,” Rappler, 25 April 2020, available at https://www.rappler.com/nation/259031-calida-osg-comment-supreme-courtpetition-release-prisoners-coronavirus, accessed 25 April 2020. 231 Buan, L. “After 5 months, SC redirects vulnerable prisoners to lower courts for release petitions”, Rappler, 10 September 2020, available at https://www.rappler.com/nation/supreme-court-redirects-prisoners-lower-courts-releasepetitions-september-2020, accessed last 01 March 2021. 232 Buan, Lian. “Arrested in 2019 crackdown, jailed activist gives birth in pandemic” Rappler, July 02, 2020, available at https://www.rappler.com/nation/jailed-activist-gives-birth-coronavirus-pandemic-july-2020, accessed last 09 March 2021.

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