THE National Union of Peoples Lawyers yesterday asked the Manila City Prosecutors’ Office to dismiss the cases and order the immediate release of individuals arrested during the massive anti-corruption protests last September 21.
Joining the NUPL in making the call were lawyers from the Public Interest Law Center and Sentro para sa Tunay na Repormang Agraryo (SENTRA).
The urgent motion stressed that the respondents were arrested without warrants, detained beyond the periods allowed under Article 125 of the Revised Penal Code, and now face complaints that fail to present a prima facie case with reasonable certainty of conviction.
“Likewise, many of those apprehended were children and minors, some merely bystanders, who should never have been jailed in the first place,” the motion said, adding there is no basis for the police to continue detaining them.
“We urge the immediate release of all detainees and accountability for those responsible for these unlawful arrests and continuing rights violations,” it added.
There were at least 216 individuals arrested, including 91 minors, the youngest only nine years old.
They are currently being held at the Manila Police District Headquarters and several police stations, including Police Station 3 in Sta. Cruz; Police Station 7, Abad Santos; Police Station 10, Pandacan; Police Station 11, Divisoria; Police Station 12, Delpan; Police Station 4, Sampaloc; and Police Station 13, in Baseco.
The petitioners said the vast majority of those detained had no organizational affiliations.
“Most came from poor backgrounds, and some joined the protests out of indignation over rampant corruption. Many were peaceful participants or mere bystanders,” it said.
“These grave violations of the Constitution, including unlawful arrest, physical abuse, and torture, are reprehensible and unacceptable.”
It added that such warrantless arrests cannot be justified under any lawful exception, rendering the September 21 police operations “unconstitutional.”
RELEASED
At around 5:40 p.m., the NUPL said it received confirmation that those arrested who only underwent inquest proceedings on Wednesday before Prosecutor Lester Jay Allan Flores II have been ordered released by the city prosecutor’s office.
“Lawyers from NUPL are in Manila Police District headquarters, Police Station 2 in Moriones, Police Station 4 Balik-Balik, and Police Station 14 in Barbosa now to assist those who are due for release,” the group said in a brief message.
The NUPL did not say how many of those detained are covered by the release order.
It said that while the development is welcome news to those detained and their families, “the majority remain unjustly behind bars.”
“The NUPL reiterates its urgent call for the release of all those arrested during the September 21 protests, including those belatedly subjected to inquest only on September 23,” it added.
CHILDREN IN CONFLICT WITH THE LAW
Manila Mayor Francisco “Isko Moreno” Domagoso, in a statement at 6:40 p.m., said 48 minors arrested during the September 21 anti-corruption rallies were ordered released from detention by the city prosecutor’s office.
“Their release was based on the recommendation by the Manila City Prosecutors’ Office that these children in conflict with the law or CICL should undergo a diversion program in accordance with Republic Act 9344 or the Juvenile Justice and Welfare Act as amended by RA 10630,” Moreno said in a brief statement.
Under the said program, CICL will undergo or participate in community-based programs as part of the restorative justice system.
