Ombudsman tells warden to answer 21 detainees’ raps

The Office of the Ombudsman has found a complaint against a Camp Bagong Diwa jail warden, who reportedly refused entry to visitors of some inmates who went on a hunger strike during the Pope’s visit in January, sufficient in form and substance.

In an order dated March 5, Director Dennis Garcia directed Senior Insp. Michelle Ng Bonto, Special Intensive Care Area 1 (SICA1) officer in charge, to file a counteraffidavit to the criminal and administrative charges filed against her by 21 detainees and 11 of their supposed visitors.

The detainees went on hunger strike from Jan. 10 to Jan. 19 to help draw the Pope’s attention to their plight. Their visitors who were supposed to check their condition in the jail facility were denied entry by Bonto.

The detainees who filed the criminal charge for violation of Republic Act No. 7438, and the administrative charge of misconduct and conduct prejudicial to the best interest of the service were Leopoldo Caloza, Aristides Sarmiento, Dennis Ortiz, Eliseo Lopez, Emeterio Antalan, Voltaire Guray, Hermogenes Rezes Jr., Modesto Araza, Rolando Laylo, Philip Entera, Alberto Macasinag, Felicardo Salamat, Edward Lanzanas, Jared Morales, Tirso Alcantara, Jesus Abetria Jr., Alex Arias, Eddie Cruz, Cesar Balmaceda, Alan Jazmines and Fidel Holanda.

Their visitors who were reportedly denied entry were Dr. Julie Caguiat; lawyers Julian Oliva, Ephraim Cortez and Carlos Montemayor of the Public Interest Law Center; Dr. Eleanor Jara; Lanzanas’ mother Nimfa; Caloza’s wife Julieta; Karapatan secretary general Cristina Palabay; former Gabriela Rep. Liza Maza; Bagong Alyansang Makabayan chair Carol Araullo; and Rita Baua also of Bayan.

RA 7438 is also known as an Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation As Well As The Duties Of the Arresting, Detaining And Investigating Officers And Providing Penalties For Violations Thereof.

Edre Olalia, secretary general of the National Union of People’s Lawyers that represents the complainants, said their camp—which received a copy of the Ombudsman’s order on April 6—had yet to receive a copy of Bonto’s answer.

Insp. Aris Villaester, Bureau of Jail Management and Penology (BJMP)-National Capital Region spokesperson, said Bonto was currently in Malaysia for a one-week seminar.

Earlier, the BJMP defended its actions, saying the visitation policy, which requires visitors to present a clearance from the National Bureau of Investigation and papers from the Securities and Exchange Commission proving the legitimacy of their groups, enabled it to determine if visitors were reputable.

The bureau said the requirement was based on the Standard Minimum Rules for the Treatment of Prisoners, adopted by the 1955 First United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Geneva, Switzerland.