BDRC ASSAULT. The 315 inmates at the Bohol Detention and Rehabilitation Center (BDRC) were unsuspecting when a joint military team assaulted the center Tuesday dawn. Photo shows the tightly guarded open ground where the inmates, hand tied and face down, are being inspected individually before they were allowed to go back to their respective cell. Inmate Nilo Corbita (photo on p. 27) was killed during the assault Foto BRUCE ZABALA

An investigating team of the Commission on Human Rights (CHR) is looking into the assault of the Bohol Detention and Rehabilitation Center (BDRC) last Tuesday which resulted to the death of an inmate. Meanwhile, the Integrated Bar of the Philippines (IBP) Bohol Chapter will also form its own probe team to ascertain if "excessive or brutal force" was used during the operation at the detention facility. A composite team of the Bohol Police

The "pre-emptive strike" that was exercised as a "final option" to end the standoff between 315 inmates and jail guards, claimed the life of Nilo Corbita, who purportedly resisted operatives by drawing a .38 caliber pistol.

Police laboratory findings showed that Corbita, 31, who was detained for rape and child abuse, was hit with a 5.56 millimeter bullet through his left eyebrow.

Bohol PNP Director SSupt. Edgardo Ingking, the ground commander of the operation, said they have yet to determine who among the operatives possessed the firearm from which the bullet was fired.

Ingking explained that operatives had to fire warning shots to prevent resistance from prisoners who were reported to be armed with bladed weapons and improvised arrows (Indian pana).

Four children of inmates were rescued during the operations.

CONFLICTING ACCOUNTS

In an interview with the Chronicle, CHR Bohol head Rito Montes noted conflicting reports of the operation.

Based on earlier statements of Ingking, Corbita was shot after attempting to shoot one of the operatives with a .38 pistol that was purportedly in the possession of the inmate.

However, the PNP crime laboratory results showed that the bullet which hit Corbita ricocheted off the wall of the kitchen where the victim slept, Ingking said.

An inspection at the BDRC conducted by a CHR investigator from Cebu City revealed that there is a very remote possibility that the bullet killing Corbita could have bounced off the walls, according to Montes.

Upon inspection, the CHR team noted, that the bullet marks at the kitchen were found at the outer side of the wall. Just inches at the opposite side of the wall was where the lone casualty was found dead still covered with his blanket and a .38 pistol nearby.

Similar low-level shots were also found inside Cell No. 25, the detention cell of political detainees, according to Montes.

Ten inmates of BDRC told the human rights investigators that Corbita did not possess a firearm.

REASONABLE FORCE

In a separate interview with the Chronicle, IBP-Bohol president Atty. Isabelo Sales Jr. explained that it is standard police procedure to use "reasonable force" in subduing a criminal or someone who has to be arrested.

Informed that the warning shots were fired at a low level, Sales said an impartial investigation will be conducted to find out who were at fault of the inmate's death.

"It [should] be proven [by the composite team] that the prisoner was unarmed and showed an aggressive act," he said.

Sales explained that the BDRC is just a detention facility for those whose cases are still pending resolution of the courts.

Since their cases are still unresolved, he said "the presumption of innocence stays with them."

"Aiming your gun to a defenseless prisoner is tantamount to excessive and brutal force," Sales said.

According to Sales, the IBP board will take up the matter in a meeting this week so that a lawyer will be assigned to help the inmates.

THE OPERATION

The composite team struck Tuesday dawn while most of the 315 BDRC inmates were still sleeping at their cells.

Since the BDRC inmates held a riot last April 13, the detention facility had been run by the prisons' council of elders who most of the time, prevailed over the jail guards.

Even after iron bars of the 25 detention cells were repaired, the inmates were still free to roam around the jail's premises as their cells do not have padlocks.

Last week, reports already reached the Chronicle of threats of a mass jailbreak which prompted Jail Warden Raul Mendez to place the facility on "double red alert status".

The composite team was already briefed based on intelligence information that some of the prisoners were armed with handguns, bladed weapons and improvised sling shot and arrows (commonly known as Indian pana).

These were later recovered by the operatives including the .38 caliber pistol of Corbita which had 6 unfired cartridges.

Recovered during the search of the 25 prison cells were 14 cellular phones, 6 pairs of scissors, 20 knives, 2 screw drivers, 1 Swiss knife, 1 ice pick, 17 improvised arrows (Indian pana) and one sling shot and 1 improvised 12-gauge shotgun.

The operation had to be executed early yesterday when the civilian visitors went home, according to Provincial Government Media Affairs head Antonieto Pernia.

LAW AND ORDER RESTORED

The operation to neutralize the inmates, which started around 4:00 a.m., lasted less than 15 minutes, according to Ingking.

During his weekly "The Governor Reports" Gov. Erico Aumentado said full control and management was restored at the BDRC. He said reforms and implementation of jail rules will follow with the help of the PNP.

Expressing relief on the successful operation, the governor likewise said the use of force was necessary to carry out the operation.

For the first time since April 13, the 25 detention cells were padlocked last Tuesday.

GUARDS' REVAMP

Pernia said that several jail guards will be replaced due to their "familiarity" with the inmates.

The laxity on prisoners and the entry of weapons and even illegal drugs were likewise cited by Pernia among the reasons for replacements.

In fact, two detention cells were furnished with television sets, video players and personal refrigerators. Selling was also allowed at the facility.