Last of 3 parts

(Speech delivered at the ICPA’s 1st Corrections Technology Conference on the theme “Technology A Partner and Inspiration of Correctional Modernization” at the Adelaide Convention Center in Adelaide, South Australia, May 23-25, 2023.)

E-DALAW is in line with the Bureau of Corrections’ (BuCor) modern reformation concept, and is considered as one of its reformation programs offered by the BuCor to give support to PDLs, in terms of mental health. BuCor admits that the implementation of this program gives them some challenges in connection with security, and also the difficulty in the procurement of necessary tools and equipment. Hence, BuCor was grateful for the donation of the International Committee of the Red Cross (ICRC) for the enhancement of its e-dalaw program. The ICRC donation consisted of 97 laptops and equipment.

E-dalaw is in accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rules), wherein its Rule 58 states that, Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals: a) by corresponding in writing and using, where available, telecommunication, electronic, digital and other means;” [emphasis supplied] (https://www.unodc. org/documents/justice-and-prison-reform/ Nelson_Mandela_Rules-E-ebook.pdf)

A jail officer of BJMP noted the significance of their e-dalaw program. He said that the BJMP initiative allows PDLs to maintain healthy relationships with their families through communication, which contributes to their mental well-being. He added that the e-dalaw proved to be useful to the PDLs and their families, especially at the height of Covid-19. Even when the BJMP has already allowed in-person visits, families of PDLs can still avail of its online visitation program.

Indeed, technology plays a great role in alleviating the plight of PDLs while serving their sentence behind bars, and in securing the release of qualified ones among them to live as free humans once again. However, I believe that for technology to truly succeed in all fields, its human aspect must not be lost. The human aspect of technology, which is the highlight in the presentation of our next presenters in this session — Mr. Rowe, Mr. Charnock, and Mr. McCarthy — indeed serves as a vital link in connecting technology with PDLs, and in bringing together PDLs, and corrections personnel and advocates who work for their interest.

The BJMP acting chief, Jail Chief Superintendent Ruel Rivera, said in a letter to the Chief Public Attorney in May: “Through the jail unit’s paralegal officers in strong partnership and collaboration with the Public Attorney’s Office (PAO), the jail bureau maintained zero number of overstaying PDL or those detained for more than the duration of the imposable penalty of imprisonment or sentence imposed. Per the study report, as to the availment of legal counsel and representation, 94.2 percent of the PDL in the jail bureau are represented by the PAO. Xxx Per official reports, a total of 4,663 PDL were released on recognizance from January 2022 to Dec. 31, 2022, with the assistance of PAO.”

In connection with this, may I recall what I stated at the start of my presentation, regarding the comment about my office by our Secretary of Justice (Jesus Crispin Remulla). He said: “The role of the PAO chief is really to be the heart of the DoJ.” I am always mindful of the importance of compassion to PDLs. The harshness of the law (as stated in the legal maxim, “Dura lex, sed lex” translated as “The law may be harsh, but it is still the law”) must be tempered by the heart of the law.

Modesty aside, those words from the BJMP acting chief, Jail Chief Superintendent Rivera and Justice Secretary Remulla reflected their recognition of the PAO’s contribution in effecting the release of PDLs, their trust and confidence in our ability as counsels and defenders of PDLs, and advocates for PDLs who see them as fellow human beings who deserve to regain their freedom and other rights in accordance with law once they have been freed from the legal reasons that bind them to prison. They are not mere words, they reflect the human touch — the human touch behind cooperations and collaborations which serve the PDLs in good stead with or without technology in our midst.

Thank you very much for this opportunity to share the Philippine experience in the use of technology for the release of PDLs, and in fostering inclusivity in the use of technology to PDLs through virtual visitation or e-dalaw. Special thanks to the BJMP and BuCor in my home country for providing me pertinent data in my presentation.