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UN Human Rights Committee examines violent demolition in the Philippines

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The United Nations Human Rights Committee officially registered the case of Garsain et al. v. The Philippines. The case challenges the Government of the Republic of the Philippines for the brutal forced eviction of the residents of Corazon de Jesus, a community in San Juan City, Metro Manila.

On January 11, 2012, one hundred twenty one (121) residents of Corazon de Jesus, San Juan City, Metro Manila, Philippines suffered a brutal forced eviction and saw their homes demolished. Joint forces of the Philippine National Police, PNP Special Weapons and Tactics, and a demolition team bombarded the residents with water canons, used a bulldozer to enter the community, and fired guns and threw teargas toward the residents and community. Policemen were armed with M14 and M16 rifles and .45 caliber firearms.

Since access to justice was denied in The Philippines, the complaint is asking the UN Human Rights Committee to hold the Government accountable to its human rights obligations under the International Covenant on Civil and Political Rights.

The Complaint was brought by the residents with the assistance of Defend Job Philippines, a human rights organization based in the Philippines; the Global Initiative for Economic, Social and Cultural Rights, an international human rights NGO; and the International Human Rights Clinic at the New England University School of Law in the US.

According to Melona Repunte Daclan of Defend Job Philippines, “The Corazon de Jesus community has resorted to international human rights law to seek accountability for these egregious human rights violations because the courts in the Philippines have refused to enforce the human rights laws that are to protect the citizens of the Philippines.”

Bret Thiele, Co-Executive Director of the Global Initiative for Economic, Social and Cultural Rights, added that “international scrutiny is necessary to bring to an end the impunity with which forced evictions are carried out in the Philippines, and we hope this case not only provides accountability and remedies to those bringing the claim, but puts an end to forced evictions in the Philippines altogether.”

Aside from the Corazon de Jesus residents, Glenda Leonor, mother of Arnel Leonor, a young man killed during a demolition in Silverio Compound, is also a complainant to the submission along with Mary Homo, wife of Antonio Homo who was killed in the midst of the struggle of their community in Navotas against forced eviction and home demolitions. Roy Velez and Amelita Bravante, trade union leaders and advocates of urban poor rights and currently facing fabricated criminal charges, are also complainants.

Daclan stressed that demolitions and forced evictions is a policy of the Government of the Republic of the Philippines, represented by the current administration of Benigno Aquino III, to give way to mega-development projects and other business projects. Indeed, Defend Job Philippines and Demolition Watch have documented more than 73,000 families who were forcibly evicted and had their homes demolished as of February 2014.

The UN Human Rights Committee is an impartial, independent human rights mechanism sitting in Geneva, Switzerland, and is mandated with ensuring compliance with the International Covenant on Civil and Political Rights. The Philippines became a party to the Covenant in 1986 and three years later voluntarily accepted the Individual Complaint mechanism whereby victims of human rights violations can seek to hold States accountable to their human rights obligations and seek remedies when those obligations are violated.

“We are hopeful that through this international human rights mechanism, the Philippine Government shall be held accountable, demolition of communities be stopped and that the rights of the people be truly protected and promoted.” Daclan ended.

The complainants’ submission can be seen HERE.

Melona R. Daclan
Campaign Director, Defend Job Philippines
Telephone:3535760
Mobile: +639267856299 and +639289069223
Website: www.defendjobphilippines.wordpress.com & www.demolitionwatch.wordpress.com

Defend Job Philippines is a member of International Network for Economic Social and Cultural Rights (ESCR Network)

BS Aquino, US governments criminally accountable in Mamasapano carnage

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“The United States government and BS Aquino are criminally accountable for the death of innocent civilians and the 44 men of the Special Action Force commandos on the mission to kill Zulkifli bin Hir known as “Marwan”, a US-identified enemy. The truth about the culpability of both Aquino and the US governments is clear. BS Aquino should stop foot dragging and start owning up to his responsibility in the carnage,” said Marie Hilao-Enriquez, Karapatan chairperson.

Recent news reports confirmed the US’ hand on Oplan Wolverine, now named “Oplan Exodus,” by providing training facility, logistics, funds for the operation, even intelligence, and running the tactical command during the operation. “Habang ginagawang bala sa kanyon ang mga sundalo nito, walang habas ding pinagpapatay ang mga sibilyan sa lugar,” [While these soldiers are treated as cannon fodder, the civilians in the community are being mercilessly slaughtered.] Hilao-Enriquez said, citing the People’s fact finding mission report in Mamasapano, Maguindanao.

“The BS Aquino government did not only sacrifice more than a platoon of its men to satisfy US’ obsession on Marwan but he also surrendered our country to the US forces, in the guise of an anti-terror campaign,” Hilao-Enriquez said.

The “confession” of a Special Action Force officer to the media strengthened the mission’s report that drones were seen in the SAF operation to get Marwan. Many civilians interviewed by the fact-finding team told that drones twinkled the night before the carnage happened. “It is the US government who has drones and uses them on their targets,” Hilao-Enriquez added. Residents of affected communities also reported that at least one “puti” (Caucasian) was killed among the 44 SAF members.

Conducted by various people’s organizations and non-government organizations, peace advocates and human rights organization, the mission documented the killing of a young girl, Sarah Pananggulon, eight years old, who instantly died in her house during the PNP-SAF’s indiscriminate firing at exactly 4 a.m. of January 25. Her other family members were wounded. Badrudin Langalan, 18 years old, was on his way to Tukanalipao proper to charge his cellular phone when elements of the PNP-SAF hogtied and killed him.

Meanwhile, Autonomous Region of Muslim Mindanao-Humanitarian Emergency Action and Response Team (ARMM-HEART) reported the death of Mursid Hasim and Mohammad Ambilang, also by the PNP-SAF.

“We fear that with existing lopsided agreements with the United States government, the Mutual Defense Treaty (MDT), the Visiting Forces Agreement (VFA), and the recently signed Enhanced Defense Cooperation Agreement (EDCA), carnage such this will happen again. The US government can invent terrorists or even resurrect dead terrorists to justify commando operations against Moro and non-Moro communities struggling for self-determination,” Hilao-Enriquez said.

“It is for us Filipinos to break this chain. Let us call to junk VFA and other lopsided agreements with the US. BS Aquino has once again proven himself to be nothing but a mere puppet of the US Imperialist. Filipinos do not need puppets and inutile leaders such as him,” Hilao-Enriquez ended.

Reference:
Marie Hilao-Enriquez
Chairperson
+63917-5616800

Angge Santos
Media Liaison
+63918-9790580

———————————————————————
PUBLIC INFORMATION DESK
publicinfo@karapatan.org
———————————————————————
Alliance for the Advancement of People’s Rights
2nd Floor Erythrina Building
#1 Maaralin corner Matatag Streets
Central District, Diliman
Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org

Lawyers slam transfer of Tiamzon couple’s hearing to ‘police fortress’

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By JANESS ANN J. ELLAO
Bulatlat.com

MANILA – A lawyers group assailed the transfer of the hearing venue of the Tiamzon spouses, from the Quezon City Regional Trial Court (QC RTC), to what it called government’s “home court advantage” inside Camp Crame.

The pre-trial hearing of Benito Tiamzon and Wilma Austria, peace consultants of the National Democratic Front of the Philippines, was held at the Training Center in Camp Crame in Quezon City at 8:30 am, on 9 February.

“To continue the judicial proceedings inside a police fortress under very hostile conditions and atmosphere, and beyond open scrutiny is inconsistent with the minimum requirements of due process” Edre Olalia, secretary general of National Union of Peoples’ Lawyers, said in a statement. He said that “a fair and impartial trial requires a public hearing.”

In an en banc resolution issued on Nov. 25, the Supreme Court granted the motion of the QC RTC Executive Judge Fernando Sagun Jr., requesting the transfer of hearing venue of the Tiamzon couple from QC RTC Branch 81 to Camp Crame, national headquarters of the Philippine National Police.

Olalia, however, said that they learned of Sagun’s motion to the SC and the subsequent decision to transfer only on Jan. 30, when they received a letter from presiding Judge Madonna Echiverri. Echiverri’s letter, dated Jan. 25, relayed the motion, the SC decision, and Sagun’s exchanges with acting Philippine National Police chief Director General Leonardo Espina deciding on the hearing venue.Olalia said he saw a copy of the SC en banc decision only during the Feb. 9 hearing inside Camp Crame.

The Tiamzons were arrested on March 2014 in Cebu. Both are tagged by the military as top officials of the Communist Party of the Philippines.

Judge Sagun’s motion stemmed from the Oct. 21 incident, in which the Quezon City Justice Hall cancelled all of its hearings when nearly 1,000 peasants picketed outside the court, calling for the release of the Tiamzons.

“Such unilateral move is not only an overreaction to a legitimate and peaceful rally during the last hearing at the premises of the QC Hall of Justice by peasants seeking the release of political prisoners but is also a clear reprisal for a valid exercise of a basic constitutional right,” Olalia said.

Olalia also said they were not given an opportunity to answer the motion. With all its resources, he added, the government only needs to continue its previous security measures and referred to the transfer as “unreasonable.”

Lawyers, during the hearing, reiterated that their presence there should not be construed that they are acquiescing to the transfer. They plan to file necessary motions this week.

Barred

Three lawyers namely Ameh Sato, Carlos Montemayor and Jill Santos were initially barred from entering the venue. Two more lawyers, Anton Principe and Julian Oliva Jr., were not at all allowed to enter the premises.

Only Olalia and Rachel Pastores of the Public Interest Law Center were recognized by the Headquarters Support Service of the Philippine National Police.

Human rights workers, too, were not allowed to enter the hearing venue. Police said it was the order of Judge Sagon but failed to show any written order. They also said that there was not enough space in the hearing venue.

Media were also barred from covering or even interviewing the Tiamzons and their counsels in the Training Center.

Military and police personnel, some in civilian clothes, were inside the hearing venue, Olalia related.

Olalia said he also heard a military officer saying that the defense counsels must submit the names of those who will attend the next hearing at least 10 days before. They will also screen those who will attend five times, from the two gates, building entrance, elevator and before entering the court room.

“The transfer of venue also puts at risk the security of our clients’ witnesses and of counsels as well. Finally, it is not conducive to the search for truth as witnesses for the defense will be intimidated by the overbearing presence of scores of police and intelligence personnel enjoying a homecourt advantage to the exclusion of the general public,” Olalia said.

A preliminary conference will be held on Mar. 4 while the next hearing is set on Apr. 15.

Blindsiding

Olalia assailed the seeming “blindsiding” by prosecutors during the pretrial conference. Though witnesses’ names were provided, prosecutors refused to provide when they are coming and what their respective testimonies would be.

With the case being nearly 27 years old, Olalia said that they need the names of the witnesses to check their credibility. Part of the due process, he added, involves “no surprises.”

Prosecutor Ronald Torralba, however, virtually admitted he is not certain if they could produce witnesses. He also cited security risks and that witnesses are in far-flung areas, Olalia said.

“That is their problem. It is the burden of the state to prove the case, not the accused,” Olalia told Bulatlat.com.

Judge Echiverri ruled that only names of witnesses that will be submitted and documents that will be marked would be admitted before the court.

Court arbitrarily transfers Tiamzon and Austria case to Camp Crame

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The Quezon City Regional Trial Court yesterday, February 9, conducted the hearing for the trumped-up charge of kidnapping against NDFP peace consultants Wilma Austria and Benito Tiamzon inside Camp Crame today.

The case, which was originally heard at the Quezon Ciy Regional Trial Court, was transferred to Camp Crame upon the initiative of Executive Judge Fernando T. Sagun after filing a motion before the Supreme Court. Executive Judge Sagun cited as basis the protest action of hundreds of peasants calling for the release of Austria and Tiamzon outside the Quezon City Hall of Justice on October 17, 2014. The Hall of Justice administration reacted by cancelling work and all hearings set on that day.

“The over reaction of the court to the legitimate right of the people to free expression leads to their baseless paranoia. The October 17 incident was a peaceful protest. There is no truth to the allegation that the protesters were banging the steel doors. It was in fact the police security escorts of Austria and Tiamzon who banged the steel doors when security guards did not allow them in,” said Marie Hilao-Enriquez, Karapatan Chairperson.

The scheduled Pre-trial hearing today was reset on April 15 because the prosecutor failed to present its complainants and witnesses, who could not be presented before the court due to distance, fare and security constraints.

The defense lawyers, represented by the Public Interest Law Center and the National Union of Peoples’ Lawyers, argued they have yet to see if the complainants are the original and real complainants in the case which allegedly happened 20 years ago.

“The military and the police have, time and again, been using gamut of old excuses at the expense of our clients. We are not buying the government’s excuses for not producing witnesses because they have all the machinery and resources. This only proves that this 20-year-old case is all fabricated and was only resurrected to harass Austria and Tiamzon,” added Hilao-Enriquez.

The Philippine National Police and the court imposed strict attendance to the hearing. Even the co-counsels to the case were initially disallowed to enter the room arguing that their names are not in the “list” of those who are allowed in the court.

”The transfer of venue in the bulwark of state security forces is obviously meant to prevent the friends and supporters of Austria and Tiamzon, as well as human rights advocates, from attending the hearing and to create a hostile environment for defense witnesses to freely give their testimony, without fear and hesitation,” ended Hilao-Enriquez.

Lawyers from the National Union of People’s Lawyers and the Public Interest Law Center are set to question the transfer of venue to Camp Crame.

Reference:
Cristina “Tinay” Palabay
Secretary General
+63917-3162831

Angge Santos
Media Liaison
+63918-9790580

———————————————————————
PUBLIC INFORMATION DESK
publicinfo@karapatan.org
———————————————————————

Alliance for the Advancement of People’s Rights
2nd Flr. Erythrina Building
#1 Maaralin corner Matatag Streets
Central District, Diliman
Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org

Mamasapano carnage an upshot of US-Aquino connivance — Karapatan

Two weeks and two presidential speeches ago, the US-Aquino regime continues to dodge the more important questions on what really happened in Mamasapano, Maguindanao, especially the involvement of the US government through its troops operating in the Philippines.

“The Aquino regime remains tight-lipped amid numerous accounts that indicate his complicity with the US government and the direct hand of the US government in the botched Operation Wolverine that killed Aquino’s own men and victimized thousands of civilians,” said Karapatan Secretary General Cristina Palabay.

“The US troops’ involvement in ground combat operation in the Philippines is not the first time. Only now, even the regime’s own state forces have become victims. BS Aquino can afford to turn his back against his own men,” she added.

In recent years, Karapatan documented several incidents of US troops’ involvement in human rights violations especially in Moro areas. (Please see documented cases through http://www.karapatan.org/Karapatan+reminds+public+on+US+troops%E2%80%99+atrocities+under+the+VFA)

“For centuries, past and present Philippine governments allowed US political-economic and military interests to take over our national sovereignty and the Filipino people. Such is only brought to the fore when incidents as grave as Mamasapano happens. From the Mutual Defense Treaty, the Visiting Forces Agreement, the Enhanced Defense Cooperation Agreement, and through various counterinsurgency designs such as Aquino’s Oplan Bayanihan, the country has been dragged by the US in its wars of aggression and invasion,” Palabay said.

The lopsided military agreements with the US government, Palabay said, resulted in a long list of human rights violations committed against the Filipino people, especially the poor majority.  The US-designed and directed counterinsurgency program, Oplan Bayanihan, has claimed 299 lives of mostly peasant and indigenous peoples in the course of its implementation. Already, some 47,000 individuals from remote villages have been displaced due to combat operations.

In an earlier statement, Karapatan said, “In a way, we find similarities between the plight of the families of the victims of human rights violations and those of the members of the Special Action Forces (SAF) who were used as pawns in the US-Aquino’s ‘war on terror’. They, too, are victims of Aquino’s puppetry to the interests of the United States government.”

“BS Aquino’s puppetry to the US has taken on a new height with the Mamasapano carnage that even those who are part of the system he represents are demanding for his accountability. It’s not far behind that, they too, would be with the people calling for his ouster,” ended Palabay.

Reference:
Cristina “Tinay” Palabay
Secretary General
+63917-3162831

Angge Santos
Media Liaison
+63918-9790580

———————————————————————
PUBLIC INFORMATION DESK
publicinfo@karapatan.org
———————————————————————

Alliance for the Advancement of People’s Rights
2nd Flr. Erythrina Building
#1 Maaralin corner Matatag Streets
Central District, Diliman
Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org