Ombudsman clears activist’s guards

GRIEVING MOM | Political detainee Reina Mae Nasino is seen in this file photo crying in her quest to personally see her daughter for the last time. (File photo from Kapatid)

MANILA, Philippines — The Office of the Ombudsman has dismissed the criminal and administrative charges filed against 23 police and jail officers accused of subjecting activist Reina Mae Nasino to “cruel, inhuman and degrading treatment” during and after her pregnancy at the Manila City Jail.

Nasino’s case made headlines at the height of the pandemic when, still a detainee requesting bail, she gave birth to a daughter at a state hospital in July 2020. She pleaded unsuccessfully with the court to let the baby stay longer in her care. The separated child named River died of pneumonia three months later.

In a decision issued on Sept. 15 and received by Nasino’s lawyers on Thursday, the Ombudsman dismissed the charges of maltreatment and grave coercion against Brig. Gen. Rolando Miranda; Lt. Col. Levi Basilio and Magno Gallora; Jail Director Allan Iral; Jail Insp. Ignacia Monteron and their subordinates for lack of evidence and probable cause.

Arrested with two other activists in November 2019, Nasino was a human rights worker for the urban poor advocacy group Kadamay. They were charged with illegal possession of firearms and explosives that were allegedly found during a raid on their Tondo office.

They denied the charges and accused the government agents of fabricating evidence.

‘Overkill’ actions

Granted bail in December 2022, Nasino accused Monteron, Iral, and other jail officers of failing to provide her adequate prenatal care during her pregnancy.

She also accused the police officers of “overkill” when they surrounded her with several armed security escorts during River’s wake and burial. She particularly recalled their refusal to remove her handcuffs and how they “interfered with (her) family’s plans” for the funeral.

“(T)he respondents’ presence and actions at River’s wake evoked an environment of fear, tension and intimidation,” her formal complaint said.

BJMP manual

But the Ombudsman upheld the respondents’ defense that they could not be faulted for restricting visits and limiting Nasino’s access to health services, citing the pandemic restrictions on mobility and social gatherings that were in effect at the time.

The decision also noted that under the operations manual of the Bureau of Jail Management and Penology (BJMP), detainees must be kept in handcuffs at all times even during furloughs, and must always have at least two escorts. This rule “leaves no room for a different interpretation,” it added.

“Unless and until the validity of these policies and standards have been assailed, they remain effective and the BJMP personnel must abide by them,” the Ombudsman said. “This office can neither charge respondents nor punish them for following reasonable rules and regulations.”

As to the alleged security “overkill,” the Ombudsman agreed with the respondents’ argument that Nasino was a high-profile inmate heavily covered by the media.

“If there was any added tension at the time, it was brought on by the repeated insistence of the complainants’ supporters to breach BJMP security protocols,” the decision added.

Breastfeeding law

But the Ombudsman found Monteron guilty of violating the Expanded Breastfeeding Promotion Act for failing to set up a lactation station at the Manila City Jail’s female dormitory. Monteron was given a reprimand for this lapse.