CHR-7 probes PDL’s death inside city jail

CEBU, Philippines — The Commission on Human Rights in Central Visayas (CHR-7) is conducting a parallel investigation with the Bureau of Jail Management and Penology 7 (BJMP-7) into the custodial death of a person deprived of liberty (PDL) at Cebu City Jail - Male Dormitory earlier this week.

More than a month after being arrested, 37-year-old PDL Fernando Abapo Prajes, or alias “Andot,” died on the afternoon of April 26 inside the jail facility.

Prajes was arrested on March 10 after being suspected in the sexual assault of an 11-year-old girl in Barangay Kalunasan on March 7. Following his arrest, he was committed to the city jail located in the same barangay on March 25 while facing charges for statutory rape.

However, his sudden death raised questions and doubts from his family and relatives, who alleged human rights violations, prompting the CHR-7 to initiate a motu proprio investigation.

According to CHR-7 chief investigator, Atty. Stanley Tibon, the probe aims to determine if any human rights were violated in accordance with the commission's mandate.

He said the investigation is now in its initial stages, pending the results of the forensic examination, which was conducted by the National Bureau of Investigation (NBI) at the request of the bereaved family to determine the exact cause of Prajes’ death.

“Naghuwat mi sa forensic results kay dili man pwede nato dali-dalion nga at the risk nga naay ma-miss out ba na details that could impact the possible outcome ani… It’s a custodial death, so that's why we are looking into it,” Tibon said.

“Even if walay muanhi nga pamilya, because it’s a death which occurred while the PDL is under custody, imbestigahan gyud gihapon siya,” he added.

Apart from the circumstances of the PDL’s death, Tibon also stressed that the CHR-7 had dispatched a quick response operation (QRO) to check on possible administrative liability of the personnel in the jail facility.

Additionally, CHR-7 Special Investigator Jonathan Tibay said that the commission had sent a letter requesting the NBI to conduct the forensic examination, which he later learned was administered on April 27.

However, he said it will take about a month before the autopsy results are released, which is crucial for CHR-7’s investigation.

While waiting for the forensic results and upon the implementation of the QRO, Tibay said that the commission had also served a subpoena requesting access to the relevant documents which can be used during the parallel investigation.

He added that CHR-7 is currently focused on completing evidence and statements, especially about the management of the assigned personnel in the jail facility.

“Ang atoa lang sa pagkakaron, naka-focus usa ta sa mga pag-gather sa mga dokumento, especially sa medical certificate (and) statement from the family,” said Tibay.

“Ang amoa gyud ani, ma-determine namo kung kinsa to ang responsable sa pagkamatay sa PDL and if naa bay lapses on the part of the Cebu City Jail sa maong insidente,” he added.

Since waiting for the forensic examination results will take time, Tibay shared that he advised Prajes’ family and relatives to cooperate with the CHR-7 as well as the BJMP-7, which is also conducting an investigation.

For its part, the BJMP-7 said that its investigation is focused on determining the exact circumstances surrounding the PDL’s death.

In a statement issued on April 28, the agency revealed that on the afternoon of April 26, Prajes suffered a medical emergency and was immediately treated by the on-duty jail nurse at the facility’s clinic. He was then provided with emergency care and was urgently transported to the Cebu City Medical Center, where he was later declared dead on arrival despite lifesaving efforts.

The BJMP-7 assured the public of transparency and accountability in its own investigation.

It added that “should any individual be found responsible for negligence or misconduct, they will be held liable under the law and BJMP policies.”

The agency also reaffirmed its commitment to maintain the highest standards of custodial care for all the PDLs, ensuring them a secure, humane, and rights-oriented environment under its supervision.

It was previously reported that Prajes died inside the jail facility after allegedly being beaten by his fellow inmates, according to Councilor Pastor Alcover Jr.

However, Councilor David Tumulak disclosed that based on the issued death certificate, Prajes died due to a heart problem.

The death certificate stated that the immediate cause of death was sudden cardiac death, while acute coronary syndrome was also listed as the antecedent cause, both occurring within 24 hours.

Despite these findings, Tumulak said that the family and relatives of the deceased still refused to believe, which, he said, should also be respected.

“Nasuta nato nga dunay problema sa kasing-kasing ang namatyan aning biktima. Apan sa mga reports nga nadawat sa pamilya, ato usab gi-respeto ang ilaha pod katungod ug atong paaboton ang imbestigasyon nga ipahigayon unya,” he said.

He added that they may have learned about the beating that occurred inside the facility because of the bruises they saw on the body of the deceased.

“Sa atong nahibaw-an adunay maltreatment nga nahitabo kaning maong PDL diha sulod sa Cebu City Jail,” said Tumulak. “Dunay nakita nga mga lagom (bun-og) sa iyang kalawasan. So, nagduda sila na basin nadagmalan.”

Since the findings on the death certificate and the bruises found on Prajes' body did not match, Tumulak said that the ongoing investigation will prove the truth.

Meanwhile, the councilor said that the city government will no longer conduct its own investigation but will instead provide assistance for the burial of the PDL. — /MRM (FREEMAN)