38 health workers brought to Crame, and back to Capinpin

Thirty-eight of the "Morong 43" detainees were finally brought from a military camp in Rizal province to a facility at the Philippines National Police (PNP) headquarters at Camp Crame in Quezon City Friday morning. But their much-awaited transfer was short-lived as they only stayed at the police facility for less than an hour, after authorities decided to take them back to Camp Capinpin in Tanay because Crame's Custodial Center was already overcrowded. PNP spokesman Chief Superintendent Leonardo Espina told GMANews.TV that the 38 detained health workers, arrested last February 6 on suspicion of being New People's Army (NPA) rebels, arrived shortly before 10 a.m. at Camp Crame on two buses, which were part of the 11-vehicle convoy of four military trucks, an ambulance, and police mobile patrol, among others. A local court in Rizal ordered on Wednesday the transfer of the 38 health workers from military to police custody. Five of the "Morong 43" remain detained at Camp Capinpin after admitting they are NPA members. Espina said the PNP and the military will have to observe a "status quo" — meaning, the detainees would stay in Camp Capinpin until the court rules on the PNP's petition for a change in detention venue. Comply with court ruling 1Lt. Celeste Frank Sayson, spokesperson of the Army's 2nd Infantry Division, said they were aware of the PNP’s motion for reconsideration but went on transporting the detainees to Camp Crame to comply with the court ruling. In the four-page urgent manifestation with motion for reconsideration, Superintendent Cesar Magsino, chief of the PNP Custodial Center (PNCC), asked the Morong court to recall its order to transfer the 38 health workers to Camp Crame. The PNCC chief raised concerns about the welfare of the detainees once they are transferred to an already overcrowded detention facility. "This Service can not afford to violate the fundamental rights of the accused against subhuman conditions while being in detention," Magsino said. Section 19 of Article III of the 1987 Philippine Constitution states that, "The use of substandard and inadequate penal facilities under subhuman conditions shall be dealt with by law." Magsino said the PNCC has 141 inmates — way above its full capacity of 96 or an overload of 45 detainees. Likewise, Magsino stressed that the PNCC has a number of high-risk detainees such as members of the Jemaah Islamiya (JI), Moro Islamic Liberation Front, Moro National Liberation Front, Rajah Sulaiman Group, and Abu Sayyaf.

At least 49 suspects in the November 23 massacre in Ampatuan, Maguindanao are also detained at the PNCC. Magsino suggested to Judge Amorfina Cerrado-Cesar to re-assign the workers' transfer to a facility of the Bureau of Jail Management and Penology nearest the Morong Regional Trial Court. "The Revised Rules of Court is... very explicit as to the territory over which a particular branch shall exercise its authority. With due respect, the jurisdiction of the Honorable Court essentially covers only the entire province of Rizal," Magsino said in his manifestation. Asked until when the 38 health workers would be staying at the military camp in Tanay, Espina said: "Depends on the court after the hearing [of our motion]." The court may not be expected to act on the motion — filed on Thursday — in the next few days since Friday is a holiday, then followed by the weekend. The health workers are facing charges of illegal possession of illegal firearms and explosive devices after allegedly being caught in a bomb-making training in Morong, Rizal. Comply immediately A GMA Flash Report said relatives of the 38 health workers — who went to Camp Crame to witness the transfer — broke into tears after learning that their loved ones will have to be brought back to Camp Capinpin. Militant group Bagong Alyansang Makabayan (BAYAN) earlier said they are still expecting the AFP and the PNP to comply with the court order as soon as possible. "We really expect the court order to be implemented the soonest possible time. It should not be that difficult. We see no reason why the police and the military would not be able to comply with the court order," said BAYAN secretary general Renato Reyes Jr. in a separate interview with GMANews.TV. He said regardless of problems with accommodation, the court’s decision must be respected and implemented. “The AFP and the PNP must comply in the meantime. It’s a court order," Reyes said. He said the transfer is “timely," in light of the hearing set by the Commission on Human Rights on Monday, as the workers will be more accessible and more likely to be presented in the hearing. — LBG/RSJ, GMANews.TV