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‘Invincible’ Palparan under arrest

At dawn today, Jovito Palparan Jr., a retired military general, wanted on charges of kidnapping and serious illegal detention, was arrested by the National Bureau of Investigation (NBI), in Sta. Mesa, Metro Manila. Palparan is the principal accused in the abduction, illegal detention, torture and rape of Sherlyn Cadapan and Karen Empeño.

Cadapan and Empeño were senior undergraduate students at the University of the Philippines, when they “were forcibly taken, blindfolded and their hands tied, by armed men wearing bonnets [sic]” in Hagonoy, Bulacan in June 26, 2006. The abductors were soldiers attached to units under Palparan’s “direct command, order, and supervision”.

On July 4, 2006, when interviewed on television, Palparan admitted his men took custody of Cadapan, Empeño and two others who were released. Cadapan and Empeño were not released. Their whereabouts remains unknown to this day. Palparan claims they “were members of the New People’s Army collecting revolutionary taxes”.

On July 13, 2006,Cadapan and Empeño’s family filed petition for habeas corpus with the Supreme Court. Palparan and his accomplices have “denied having custody of the victims and denied having knowledge of their abduction”.

Palparan and his accomplices were prosecuted based on the testimonial evidence of two witnesses, who were formerly detained with the victims in Camp Tecson in Bulacan. One of the witnesses had seen “two women fitting the description of Cadapan and Empeño”, and another witness said he “met Cadapan, who introduced herself as a UP student. He later came to know about Empeño”.

The photograph of Palparan, taken during his arrest, is now widely circulated on television, in newspapers and online media. It is different from how he was perceived by the victims, their families and those he was hunting down. In his time, Palparan enjoyed full support for his counter insurgency campaign, from his former commander-in-chief, the former President Gloria Arroyo.

Palparan is one of many soldiers, police, politicians and wealthy individuals who are wanted and in hiding from the law for many years. Palparan’s fearsome, invincible and powerful image disappeared after his arrest. He was portrayed in the people’s mind as representative of the military’s power. Now, he is just an ordinary man before the law.

The impact of Palparan’s arrest, detention and prosecution in court, is unthinkable in the Filipino mind. A military general who used to be a most powerful person—is now under arrest, under and accountable to the law. We are seeing change.

In the Philippines, many victims continue to struggle against residue left over from its authoritarian past where the military and police were powerful. These continue to thrive in criminal justice institutions—from the police, to prosecutors to the judiciary. Arresting persons, like Palparan, is very difficult. But, this too is changing.

Palparan’s arrest has generated expectations of a genuine prosecution of his case, with justice being meted out with no undue delay. Now there is an opportunity for prosecutors to expose the machinery of repression that produced aberrations, like Palparan. The Filipino people have a right to know how he was able to undermine all the legal provisions in the country, and create a reign of terror.

Acts of cruelty perpetrated by Palparan on some Filipinos are crimes. He is guilty of terrorizing the whole of the Filipino people. The prosecutors need to convince the people that justice will be fully carried out. This should serve to generate the following hope in society. There will be no recurrences of former cruel and inhuman treatments on any citizen that would come out of the country’s security apparatus.

Finally, we express profound appreciation to the families of Cadapan and Empeño for their tireless efforts in seeking justice for their children. The local groups, notably the Alliance for the Advancement of People’s Rights, and countless others, supported the victims for many years. It is your continuous work of demand and pressure that made Palparan’s arrest possible.

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A Statement by the Asian Human Rights Commission. The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

Rights group Hustisya calls for release of UP Pampanga students

Rights group Hustisya on Sunday called for the immediate release of two University of the Philippines Pampanga students, who were abducted Saturday afternoon in a Nueva Ecija town and were later found at the Philippine National Police Provincial (PNP) Public Safety Company Headquarters in Cabanatuan City.

“The PNP should be accountable for their illegal arrest and detention. We demand for their immediate release,” said Cristina Guevarra, Hustisya secretary general.

Gerald Salonga and Guiller Cadano, who both studied in UP Diliman Extension Program in Pampanga, were reportedly taken by unidentified men in two vehicles in the afternoon of August 9.

“Style na bulok na ito ng PNP at AFP. Mandurukot sila ng mga aktibista. Pagkapos nilang magtanim ng ebidensya, saka sila magsasampa ng kitang-kita naman na gawa-gawang kaso laban sa mga inaresto” (This is a rotten tactic of the PNP and AFP. They will abduct activists. After they have planted evidence, then they will file obviously trumped-up charges against those arrested), said Guevarra.

Guevarra said the PNP should be condemned for its “rotten tactics” of filing trumped-up charges against activists, which resulted to the arrest and detention of more than 200 political prisoners under the Aquino government. There are currently 499 political prisoners under Pres. Aquino.

According to initial reports gathered by Karapatan Central Luzon, the two will be charged with illegal possession of firearms.

The group hit the Aquino government for continuing illegal arrests and filing of trumped-up charges against activists, including youth and students, while it has not arrested Jovito Palparan, who abducted missing UP students Karen Empeño and Sherlyn Cadapan.

“The Aquino government has never rendered justice for the victims of human rights violators in the past. Pres. Aquino is equally accountable now for human rights violations committed under his watch. Ang hulihin nyo si Palparan, hindi itong mga kabataan! (You should arrest Palparan and not these youth activists!),” said Guevarra.

Reference:
Cristina Guevarra
Hustisya secretary general
+63949-1772928

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Hustisya National Office
2/F #1 Maaralin corner Matatag Streets
Central District, Diliman
Quezon City 1100 Philippines
Telephone: (02) 434-7486 | (02) 435-4146
Mobile: 0949-1772928
E-mail: hustisya.national@gmail.com

Scientist Kim Gargar recounts detention, seeks justice against Aquino government persecution

Groups and family showed support to physicist Kim Gargar who was arrested, detained and released on bail as he relate his case and calls on the dropping of made-up charges against him in a press conference today.

Kim Gargar, a former UP professor and PhD candidate of Groningen University in the Netherlands was arrested by elements of the 67th Infantry Battalion of the Philippine Army on October 1, 2013 at Brgy. Aliwagwag, Cateel, Davao Oriental while conducting a rehabilitation study on typhoon-Pablo devastated areas. He was then accused of being part of the armed group that the military fought with in a nearby village to where Gargar stayed.

“I owe my release to the groups and individuals who tirelessly campaigned and gave their support in various ways,” Gargar said. “No thanks to the Aquino government who make it hard for political prisoners like me to regain our liberty and go about in helping marginalized communities.”

Gargar was detained at Baganga jail, charged with illegal possession of explosives, several counts of attempted and frustrated murder and violation of Comelec gun ban.

The Baganga Regional Trial Court found the testimonies of witnesses against him to be “full of material inconsistencies” and on August 1, 2014, Kim Gargar was granted bail and released after 10 months of imprisonment.

“Despite the efforts of the government to suppress my freedom and keep me from doing my work, I am grateful to have lived with other detainees who are also neglected by the government,” the ex-UP teacher added.

He lamented that, “The situation inside the prison cell is no different from the situation that led me to Mindanao in the first place. Almost two years after typhoon Pablo, people were left to recover by themselves without government help and are still seeking rehabilitation. My detainment has only strengthened my conviction to help others.”

“After my ordeal, I now understand why there are increasing number of Filipinos who are critical of the government. But what I find hard to understand is why Aquino had to suppress and vilify those who want genuine change if he is really for the welfare of the country.”

Gargar vowed, “to seek justice for my fellow inmates at the Baganga and Mati jails, express solidarity to other political prisoners all over the country and continue struggling for the survivors of typhoons and disasters in the country. ” He expressed his support to the calls for the resumption of GPH-NDF peace talks in order to address the socio-economic problems besetting the nation.

Task Force Justice for Environmental Defenders (TFJED) spokesperson Leon Dulce emphasized that “the case of Kim is an example of the hostility of the Aquino government towards people who are either pushing for genuine reforms or opposing the current policies and projects of the state.” Dulce cited, “We have monitored at least 37 killings of environmental defenders and development workers who until know have not been granted justice.”

This is not the first time that the AFP have falsely accused innocent scientists and researchers doing fieldwork in remote areas. Dulce cited the case of botanist Leonard Co, along with four companions, who were doing research work for the Energy Development Corporation (EDC) in Upper Mahiao, Lim-ao, Kananga in Leyte province on November 15, 2010 when the research team was fired upon by elements of the Armed Forces of the Philippines’ 19th Infantry Battalion who mistook them for members of New People’s Army. Co, Cortez and Borromeo were killed.

In the press conference of the Free Kim Gargar (FKG) Alliance, the group said while colleagues, family and friends welcome Kim’s release on bail, the call on the court to drop all trumped-up charges against Kim still stand. The FKG campaign will also continue to the call on the Aquino government to uphold human rights and release all the political prisoners in the country.

Reference:
Kim Gargar
physicist, member of Agham Advocates of Science for the People
+639212327094

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Make science and technology serve the people!

ADVOCATES OF SCIENCE AND TECHNOLOGY FOR THE PEOPLE (AGHAM)
127-B Scout Fuentebella Street corner Sacred Heart
Kamuning, Quezon City
Philippines
T: +63 2 998 4226
URL: www.agham.org

Rights lawyers slam DOJ for absolving military and police officials in torture, illegal detention case

Lawyers from the National Union of Peoples’ Lawyers (NUPL) filed a Petition for Partial Review yesterday seeking a partial review and reversal of a DOJ Resolution absolving Major Generals Alan Luga and Eduardo Del Rosario, Police Chief Superintendent James Andres Melad, Senior Superintendent Manuel Abu and Chief Inspector Reynaldo Mendoza from charges of violating the Anti-Torture Law.  The NUPL is counsel for security guard Rolly Mira Panesa who was tortured and detained for almost a year after having been falsely accused of being a ranking communist rebel.

The DOJ also cleared Atty. Alex Popanes, a lawyer from the Judge Advocate General Office of incriminatory machination, Col. Generoso Bolina and military witnesses for perjury.

In the 26-page Petition for Partial Review, the NUPL questioned the DOJ finding that Panesa was not subjected to torture since his injuries were “merely superficial much less not severe.”  Panesa’s lawyers argued that RA 9745 or the Anti-Torture Law does not preclude its application even if the injury is not serious “as long as extreme pain is inflicted through any of the means enumerated in its provisions.”

The NUPL further argued that the military and police officers were included in the complaint on the basis of the principle of command responsibility, citing Section 13 of the Anti-Torture Law which holds superior military, police or law enforcement officer or senior government official who issued an order to commit torture or immediate commanding officer of the AFP unit concerned or the immediate senior public official of the PNP and other law enforcement agencies criminally liable for acts of torture.

The NUPL in a statement said that to uphold the findings of the DOJ prosecutor would be a dangerous precedent and would negate the intention and purpose for which the anti-torture law was enacted.

 Note: Department of Justice Resolution (7.5 MB pdf file) available upon request

REFERENCE:
ATTY. EDRE U. OLALIA
Secretary-General
+639175113373

National Secretariat
National Union of Peoples’ Lawyers (NUPL)
3F Erythrina Building
Maaralin corner Matatag Streets, Central District
Quezon City, Philippines
Telefax no.920-6660
Email addresses: nupl2007@gmail.com and nuplphilippines@yahoo.com

Follow us on twitter @nuplphilippines
and facebook @https://www.facebook.com/nuplphilippines
Visit the NUPL website at http://www.nupl.net/

BS Aquino ignores concerns of international community on impunity in the Philippines

Army official implicated in Maguindanao massacre promoted to star-rank

“As military generals, those who murder and torture, get promoted and plunderers of the nation’s coffers receive special treatment in jail, the Aquino government is on full blast promoting impunity. Impunity is fostered by counterinsurgency program Oplan Bayanihan, the symbol of killings, torture and other human rights violations.”

This was Karapatan’s reaction to the promotion of Philippine Army Colonel Medardo Geslani to brigadier general. Cristina Palabay, secretary general of Karapatan said Geslani is among those implicated in the massacre of 58 people, including 32 journalists and two human rights lawyers, in Maguindanao nearly five years ago.

Palabay said the Aquino administration has been promoting military generals who were involved and accused of masterminding the many cases of torture, killings, and enforced disappearances.

She cited the appointment and promotion of Gen. Eduardo Año, who was charged with the abduction of activist Jonas Burgos; generals Aurelio Baladad and Jorge Segovia, who were charged with civil and criminal cases for the torture and illegal detention of the health workers known as the Morong 43; and, Gen. Ricardo Visaya, the ground commander during the 2004 Hacienda Luisita massacre where 13 striking farmworkers were killed.

Palabay said, “This policy and practice of promoting known human rights violators from the military indicate the Aquino administration’s disregard of the recommendations of Prof. Philip Alston, United Nations special rapporteur on extrajudicial killings in his 2008 report to the UNHRC. The BS Aquino government also ignored the views and recommendations of several governments during the Universal Periodic Review of the Philippines in 2008 and 2012.”

Karapatan asserts that not one military high official involved in rights abuses was prosecuted and convicted under Aquino’s term. “Aquino is following the footsteps of his predecessor Gloria Macapagal Arroyo in shamelessly supporting and giving accolades to these monsters!” she added.

Palabay headed the delegation of an ecumenical group of human rights advocates at the 26th United Nations Human Rights Council sessions in Geneva, Switzerland this June 2014.

Palabay also met with various human rights organizations, individual advocates and foreign government institutions in Switzerland, Germany and Austria to inform them on the worsening human rights situation in the Philippines. Dr. Chaloka Beyani, UN special rapporteur on internally displaced persons, is set to visit the Philippines this year. ###

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

Angge Santos
Media Liaison
+63918-9790580

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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
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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

KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties.  It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign.