Whenever I look at the conditions of our prisoners, I would always go back to what Atty. Roy Valenzuela of Bureau of Jail Management and Penology discussed during a forum on restorative justice and human rights back in 2013 at the Commission on Human Rights. He was explaining the difference between criminal justice and restorative justice. He said:
“In punitive justice, we employ this toilet approach in dealing with crimes. When somebody is convicted, we throw that person into jail right away under the common notion that it is the remedy to all crimes. We quickly flush a convicted person down the toilet, thus, the term the “toilet approach” which resulted to our congested prison cells. We treat prisoners as toxic waste. But what we are not aware of is that one day these persons that we flushed down the toilet, kept miserably in congested prison cells will return to their community either as an escaped convict or a freed prisoner who will again—unless there was proper rehabilitation, unless there was an intervention made—become problems of our society.
“With restorative justice, this will help segregate the “hopeless” cases from the “hopeful” ones to decongest prisons. Only those who are recalcitrant, those who continue to hurt other people should be the ones to be put to jail. And those who are compliant should be allowed to undergo conciliation or mediation with their victims or accusers to repair the harm done and restore relationships instead of automatic incarceration.”
Toshi Kazama, an acclaimed US-based Japanese photographer who recently visited the Philippines to give a talk about his human subjects on death row, once gave a suggestion that if you want to get to know more about a foreign country you’re visiting, if you want to know its real identity, its soul, visit their prisons.
This article of Ayee Macaraig gives us a glimpse of our prisons. Even if you consider yourself not a criminal, innocent, or “safe,” still, you must pay attention. Because no matter how much money or budget the Department of Tourism would allot for an ad (last I heard it was Php 650 Million) about the Philippines so investors and tourists would take notice of us, it still won’t hide the fact the harsh treatment of many Filipinos, particularly those persons deprived of liberty.
Pay attention. Here is the article of Ayee Macaraig that gives the true identity of our country, of the kind of government we have.
SLOW JUSTICE IN PHILIPPINES AS DRUG WAR RAGES
Report by Ayee Macaraig | AFP | 5 September 2017
Accused murderer Manuel Cerna has languished in a Philippine jail for 15 years without a verdict, one of countless inmates enduring interminable trials that are expected to get longer as an unrelenting drug war overwhelms the courts.
A notoriously slow and under-resourced judicial system has seen a “tidal wave” of new cases as police have conducted a nationwide crime crackdown in response to President Rodrigo Duterte’s order to eradicate all illegal drugs from Philippine society.
The case of Cerna, 60, who almost died of tuberculosis in one of the nation’s most overcrowded jails as his hearings dragged on, is not unusual in that his time in jail while on trial is close to reaching the minimum sentence.
“I get depressed. Some others here committed suicide because their wives left them. They lost all hope of freedom,” Cerna told AFP in the Manila jail surrounded by rusting barbed wire and the stench of rotting food.
So-called “decader” inmates — because they have spent 10 years or more behind bars while on trial — are a symptom of a deeply flawed justice system that helped fuel Duterte’s rise to the presidency last year.
Duterte won the elections on a brutal law-and-order platform, promising swift justice chiefly by killing tens of thousands of criminals and a no-mercy stance on convicted criminals who he said could not be rehabilitated.
Duterte’s police have indeed shot dead thousands of people as they have scoured slums hunting drug traffickers and addicts, leading rights groups to express alarm at what they say are a wave of extrajudicial killings.
This has undoubtedly avoided many trials.
But another 96,700 people have also been arrested as part of the drug war since Duterte came to power, according to the presidential spokesman, adding to pressure on jails that were already nearly six times more crowded than they were built for.
Defendants often have to wait months between hearings, only for the session to be delayed because a judge is sick, a prosecutor fails to show up or a lawyer has another engagement. Sometimes the case gets reassigned to a new judge and the whole process starts from scratch.
In other cases, public attorneys assigned to defend poor suspects change jobs without handing over crucial documents to their replacement, or worse, files get lost, and again the defendant is back at square one.
– ‘Vicious cycle’ –
“There is a tidal wave flooding the judiciary. (But) there is no attendant increase in the number of courts, judges, prosecutors and public attorneys,” Raymund Narag, assistant professor at Southern Illinois University in the United States, told AFP.
“Extrajudicial killings are justified for Filipinos because of the failure of the criminal justice system. It becomes a vicious cycle.”
Trials nationwide last an average of six to 10 years, according to prominent human rights lawyer Jose Manuel Diokno.
A Supreme Court task force on prison decongestion last year also said “an innocent man is jailed for at least five years before he is eventually acquitted”.
One of the key problems is simply a lack of courts, prosecutors and judges.
There are just 2,600 criminal, civilian and other types of courts for a population of 100 million, Supreme Court administrator Midas Marquez told AFP.
Thirty percent of those courts have no judges, according to Marquez’s office.
This leaves the others with impossible tasks, with judges having to handle up to 5,000 cases at any one time, Marquez said.
– ‘Band-aid’ solutions –
The Supreme Court has in recent years sought to do what it can, such as by introducing computerised records and setting up a system to lock in a firm timetable for hearings. Otherwise many months pass without hearings taking place.
“(But) these initiatives are band-aid solutions. What we need are institutional solutions like adding courts and funding them, which require the support of congress and the executive (branch),” Marquez said.
The government is fast-tracking the hiring of hundreds of prosecutors and improving staff training, justice department undersecretary Antonio Kho told AFP.
Duterte has also promised to pour extra funds into the penal system next year.
But he has also repeatedly made comments that have raised questions about his administration’s intent on improving the nation’s jails and prisons.
“I prefer that they (inmates) sleep standing,” Duterte said in March when discussing the problem of packed jails.
In a lengthy assessment of the justice system, Duterte, 72, last month also claimed many prisoners wanted to stay behind bars because they became homosexuals while serving time and enjoyed regular meals.
“They don’t want to go out. Because the food is free and their lover, they are in love, they want to stay there,” Duterte said, as he insisted people could not be rehabilitated in the Philippines’ jails.
“They are already monsters.”
However Cerna, the alleged murderer, insists he is innocent and mourns the wasted years trapped behind bars away from his family.
“When my mother died, I wanted to break down. I wanted to shout but all I could do was cry,” said Cerna, whose real name cannot be disclosed while his case is pending, recalling how he was desperate to help her.
“I wasn’t able to serve her in her dying years.”
Source: Yahoo News
While cleaning, I found this. Yup, I like Madonna.
18 Feb 2017
From EDSA Mandaluyong to Quezon City | 17 June 2017 | 6:42 PM
UP Commonwealth Ave. | 29 August 2017 | 8:46 AM
Commonwealth Ave. | 17 July 2017 | 8:01 PM
“The trick to being truly creative, I’ve maintained, is to be completely unselfconscious. To resist the urge to self-censor. To not-give-a-shit what anybody thinks. That’s why children are so good at it. And why people with Volkwagens, and mortgages, Personal Equity Plans and matching Lois Vutton luggage are not.”
~A quote from Linds Redding’s blog. Linds Redding was a New-Zealand-based art director who worked at BBDO and Saatchi and Saatchi who died last month at 52.