Reds’ plea for temporary release bucked

MANILA, Philippines — The solicitor general opposed the petition of 22 detainees, all captured leaders of the communist movement, to be temporarily released because of the coronavirus disease pandemic.

“Without a doubt, this petition is a ruse to remove them from the confines of judicially approved penal custody,” Solicitor General Jose Calida said in a 47-page comment on the petition filed before the Supreme Court.

“Contrary to their claim, there are no humanitarian considerations involved, but merely opportunistic legalism to distort established judicial processes,” the solicitor general added.

He pointed out that the petitioners were “all high-ranking leaders of the New People’s Army,” which the government of the Philippines and several countries have designated as terrorist groups.

In fact, Calida argued, some of them were earlier released to participate in the 2016 peace talks but did not surrender themselves when the negotiations collapsed and had to be hunted down by authorities.

Moreover, the petitioners, he said, were charged with nonbailable offenses and their release on bail or recognizance was not allowed by the law, jurisprudence or the Constitution.

Calida argued that applications for bail are usually approved by trial courts where the cases were filed and the petitioners should have filed their appeal before the trial courts, which are fully functional, and not the Supreme Court.

He also noted that the 22 petitioners were charged with 15 counts of murder for their alleged involvement in the Inopacan massacre and granting the petition would be a grave injustice to the victims, their families and the people of the Philippines.

The petition was filed on April 8 by the detainees through their lawyers from the Public Interest Law Center and the National Union of People’s Lawyers.