Byron Garcia eyes admin raps, taps CHR over ‘mistreatment’ in detention

CEBU CITY, Philippines — Byron Garcia, brother of former Cebu Governor Gwendolyn Garcia, has sought the intervention of the Commission on Human Rights (CHR) and is considering the filing of administrative complaints against police personnel over what he described as “unlawful treatment” while under custody following his arrest earlier this month.

During a press conference, Garcia said the CHR had agreed to take cognizance of his complaint stemming from his detention after he was arrested on June 11 over three counts of alleged violation of the Safe Spaces Act.

Garcia said he and his legal team are also studying the possibility of pursuing administrative cases against the police officers involved.

CHR complaint filed

According to Garcia, he had earlier met with CHR personnel, who conducted an initial interview and assessment of his allegations.

He said he was informed by the commission that it would formally take cognizance of the complaint, prompting him to file it before the agency.

Garcia claimed that his rights as a senior citizen and diabetic were violated when police personnel allegedly failed to follow rules governing the treatment and segregation of detainees with medical conditions and other vulnerabilities.

He argued that existing jail manuals require custodial officers to identify detainees who need special protection or special treatment, including senior citizens, persons with disabilities, women, and those with illnesses.

“My human right was violated because they did not follow the rules. Ang ilahang pagbutang nako sa selda was unlawful,” he said. (How they treated me inside the jail was unlawful.)

READ: Pam seeks clarification on Byron Garcia’s ‘quick’ admission to VSMMC

Administrative cases eyed

Asked whether complaints may also be filed before the Philippine National Police or the National Police Commission, Garcia’s son, Atty. Jed Garcia, said the family’s legal team was still evaluating the evidence and documents related to the detention.

He said possible administrative complaints against involved police personnel are being considered, although no formal pronouncement has yet been made.

According to the younger Garcia, lawyers are still assessing documents and evidence concerning the alleged violations committed during his father’s detention.

He said administrative complaints may eventually be pursued against the officers involved.

“As I’ve said earlier, we’re still assessing all the documents, all the evidence regarding the detention, which, as he said, violated his human rights, and then possible in the future, we will file cases against those police officers,” he said in a mix of English and Cebuano.

READ: Byron Garcia arrested over alleged sexual harassment

Claims of medical distress

Garcia recounted that around 30 operatives served the warrant of arrest against him at his workplace at the Talisay City Fish Port on June 11.

He claimed he requested police officers not to place handcuffs on his left wrist because of gout and swelling caused by uric acid crystals, but said his request was denied.

“They were very arrogant. I must say, kato rang usa nga gadala sa warrant mao’y mu-explain explain nako but the operatives were very arrogant unya strikto,” he said. (…Only the one who brought the warrant gave an explanation to me, but the operatives were very arrogant and strict.)

Garcia alleged that a medical examination conducted after his arrest showed elevated blood sugar levels, which he attributed to stress.

He said discussions were initially made regarding transferring him to a medical facility, but claimed he was instead returned to a detention area despite concerns allegedly raised by doctors regarding his condition.

“There were discussions as to whether I should be brought back to the detention center, or I should be referred to a medical facility kay tan-aw nila, one doctor kita siya nga dili gyud ko pwede nga walay medical care tungod of the blood sugar,” Garcia said. (One doctor thought that I should not be without medical care because of my elevated blood sugar level.)

Garcia further alleged that he was later transferred to a regular cell with 32 other detainees despite being a senior citizen with diabetes.

According to him, he experienced prolonged hyperglycemia while in custody and was unable to immediately access insulin and other medication.

READ: Estrada, 3 co-accused admitted to Quezon City jail general population

He claimed that his blood sugar level eventually rose to 327 and that he was later brought by emergency responders to a hospital for treatment.

“Wa ko maka-inject og akoang mga intervention drugs nga maubos unta akoang hyperglycemia. My blood sugar went shoot up to 327. And do you what’s the normal threshold for that? It’s 100,” Garcia said. (I wasn’t able to inject my intervention drugs to lower my hyperglycemia.)

Garcia was subsequently transferred to the Vicente Sotto Memorial Medical Center, where he remained until after posting bail in connection with the charges filed against him.

MRI findings cited

Garcia said he remained hospitalized even after posting bail on June 13 because he continued to experience physical symptoms.

He claimed that MRI results later showed spots that some doctors considered consistent with a possible mini-stroke, although he acknowledged that physicians had differing opinions on whether these findings were related to the prolonged hyperglycemia or previous medical conditions.

READ: Byron Garcia posts bail in sexual harassment case, alleges police maltreatment

Despite the incident, Garcia said he has since physically recovered and has already been discharged from the hospital, although he admitted that he continues to deal with psychological trauma.

Garcia was arrested on June 11 after a Mandaue court issued warrants against him for three counts of alleged violation of the Safe Spaces Act or the Gender-Based Sexual Harassment Act.

The cases were filed by Cebu Capitol Public Health Consultant Elisse Nicole “Nikki” Catalan, daughter of Governor Pamela Baricuatro.///

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