Task Force Detainees of the Philippines (TFDP) lauds the decision of the court to free Juanito “Nitoy” Itaas, the longest-held political prisoner in the country. Not only does his release give the long-overdue justice for his political incarceration, the Court’s decision also sheds light on the validity of the Amended Implementing Rules and Regulation (IRR) of Republic Act 10592.
TFDP, along with other human rights organizations, strongly appealed for Nitoy’s freedom since the start of his detention, but it had been consistently blocked and contested by the United States Government. Based on TFDP documentation, he was only forced to admit the accusations against him because of the severe pain caused by torture inflicted upon him during the investigation.
The Muntinlupa Regional Trial Court Branch 204 granted the petition for habeas corpus filed by the Free Legal Assistance Group (FLAG) and his relatives saying that he had already served his sentence through the Good Conduct Time Allowance (GCTA) Law under Republic Act 10592.
Presiding Judge Gener Gito ordered Nitoy’s release as he ruled that Section 2, Rule IV of the 2019 Amended IRR of Republic Act 10592 is invalid for being ultra vires, or in excess of what the law mandates.
TFDP believes that though long overdue, Nitoy’s freedom is not only for him. His release also serves as the first known legal challenge against the Department of Justice (DOJ) IRR on the GCTA and would hopefully bring reforms to the system that would benefit many qualified Persons Deprived of Liberty (PDL). This would provide them with the venue for a well-deserved freedom under the lens of restorative justice.