By Benjamin Pulta
MANILA – The Supreme Court (SC) has affirmed the Ombudsman’s dismissal of a complaint filed by the Commission on Human Rights (CHR) against police officers in Tondo, Manila for allegedly operating a “secret detention cell” inside Raxabago Police Station 1.
In a news release on Friday, the SC said its 2nd Division ruled that there was no evidence of a secret detention cell or violation of the Anti-Torture Act of 2009 (Republic Act 9745), which bans hidden or solitary cells.
In its complaint, the CHR said it discovered three men and nine women cramped in a small, dirty room hidden behind a wooden shelf and submitted video footage of the alleged “secret cell.”
In its defense, the police explained that the station was overcrowded at the time, holding 96 detainees, despite being built for only 50.
Because of this, they said a small room had to be used as a temporary holding area while detainees awaited investigation. They denied it was a secret cell, saying it was visible and had its own entrance.
In a decision dated Dec. 22, 2020, the Deputy Ombudsman for the Military and Other Law Enforcement Offices Cyril Ramos cleared Police Supt. Robert Domingo, PO2 Dylan Verdan, PO1 Berly Apolonio, and other John Does of complaints of arbitrary detention, grave threats, delay in the delivery of persons to the proper judicial authorities, grave coercion, grave misconduct, and conduct prejudicial to the best interest of the service.
In dismissing the complaints, the Ombudsman noted that the video footage was unclear and simply showed a dark room with a urinal, and pointed out that overcrowding in jails is a real issue.
The SC agreed, saying it found no bad faith on the part of the police, also noting that there were no other available spaces to hold the detainees at the time.
However, the SC stressed that poor jail conditions must still be addressed.
While it acknowledged the budget limitations faced by the police officers, it said detainees still have basic rights under the law, including the right to decent living conditions while in custody.
It also reminded the police that even temporary holding areas – used during an investigation – must be clean, sanitary, and properly maintained. (PNA)
