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

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/

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. 

By Consumers’ Action for Empowerment

“Transnational corporations (TNCs) are responsible for making us a country of expensive medicines. In fact, given the high poverty incidence, the Philippines rank among the top countries in Asia where medicines are most expensive. The country having no own drug industry, TNCs control the entire essential drug production chain from manufacturing, distribution and retail. Hence, they dictate the high prices of medicines.”

This is the analysis of Consumers’ Action for Empowerment (CAE) on this month’s commemoration of the sixth year implementation of the Universally Accessible Cheaper and Quality Medicines Act of 2008 or RA 9502.

Given the monopoly control, the Cheaper Medicines Law cannot make any significant change in reversing the inaccessibility of essential medicines for the people,” Julie Caguiat, M.D., convener of CAE said.

Caguiat cited (Nifedipine) Adalat Retard (20 mg) manufactured by Bayer pegged at P43.45 per tablet in most drugstores in the Philippines based on 2010 prices while “the same brand and preparation can be bought in India at P1.44 per tablet.” The same is true with (Mefenamic Acid) Ponstan (500 mg) manufactured by Pfizer which is bought in the country for P25.77. The same drug can be bought in India at P2.96.

Why are the same brands of medicines cheaper in India? It is because, unlike our government which succumbs to the dictates of these TNCs, India imposed strict regulations, decisively curbing the control of TNCs in its drug industry,” explained Caguiat.

Caguiat furthers that the poor bear the burden of expensive medicines. A 2012 research done by Ibon Foundation reports that the average family spent P7,018 for health whereas the government allotted a measly P912.50 per person that year; the bottom half of the households spend an average of 49% of their total health expenses for medicines; there is no capitation for primary care and 80% of pharmacy sales are on outpatient.

“The government cannot argue anymore that there is no sufficient fund for health or medicines for that matter. The Aquino government reeks of systemic corruption,” Caguiat argued.

“We call on the government to undertake immediate measures to make essential medicines accessible to the people: remove the monopoly control of TNCs in medicine prices; remove 12% of VAT in essential medicines; ensure free essential medicines in public hospitals; abolish the Disbursement Acceleration Program (DAP) and allocate bigger budget for health including providing for free essential medicines for the poor,” Caguiat ended.

The group will march from the University of Sto. Tomas in España, Manila to Mendiola, Manila at 9:00 in the morning tomorrow, June 27, to underscore their calls.

The CONSUMERS’ ACTION FOR EMPOWERMENT is a loose coalition of organizations, institutions, and individuals from the basic sectors of the society as well as professional and religious organizations that promote consumers’ right to accessible, safe and affordable essential medicines and asserts government’s role in ensuring this right.

Reference:
Julie Caguiat, M.D.
0927-9259413 / (02) 929-8109
Convener, Consumers’ Action for Empowerment

Consumers’ Action for Empowerment
8 Mines Street, Barangay Vasra
Quezon City, Philippines
(+632) 929-8109
http://consumersactionforempowerment.blogspot.com/

http://www.karapatan.org/International+lawyers+hit+harassment+%2526+persecution+of+Ph+rights+lawyers

Geneva, Switzerland – Italian human rights lawyer Micol Savia, Permanent UN Representative of the International Association of Democratic Lawyers (IADL) to the United Nations in Geneva, decried the continuing intimidation and harassment of human rights lawyers in the Philippines, particularly those working on politically sensitive cases, by security forces of the Philippine government, in an oral intervention during the General Debates recently at the 26th sessions of the United Nations Human Rights Council (UN HRC).

“Key officers of the National Union People’s Lawyers (NUPL), which is a member of the IADL, seem to be targeted particularly by security forces and agents of the Philippine State by way of reprisal for their work or advocacy,” Savia stated.

The IADL, which has UN Ecosoc consultative status and has hundreds of members in several countries worldwide, urged the Philippine government to promptly investigate any acts of harassment, threats or nuisance suits against lawyers and to bring the perpetrators to justice; refrain from directly or indirectly interfering in the work and functioning of lawyers, especially from any form of reprisals against them; guarantee the respect of all international safeguards aimed to ensure the independence of the legal profession  (particularly to fully implement the UN Basic Principle on the Role of Lawyers); and to ensure the implementation by the Philippine government of its international obligation with regard to human rights.

The delivery of the oral statement capped the two weeks’ participation of the members of the delegation of Philippine human rights defenders and church workers at the UN HRC sessions.  The delegation met with UN special rapporteurs/independent experts, international non-government organizations, and Geneva-based country missions of Ireland, Austria, Canada, Norway, The Netherlands, Mexico and the Holy See. The delegation was also supported by international NGOs such as the IADL, Civicus, the World Council of Churches, International Association for Religious Freedom, and the Franciscans International.

The delegation, headed by KARAPATAN General Secretary Cristina Palabay, includes Atty. Edre U. Olalia, Secretary General of the National Union of Peoples’ Lawyers (NUPL); Rev. Irma Balaba, assistant programme secretary of the Christian Unity and Ecumenical Relations programme of the National Council of Churches in the Philippines; Sr. Stella Matutina from Sisters Association in Mindanao (SAMIN); and Dr. Angie Gonzales, Atty. Mary Kristerie Baleva and Julie Palaganas of the International Coalition for Human Rights in the Philippines (ICHRP).

The delegation vowed to persistently continue exposing and opposing human rights violations before all fora in the international community.

References:
Cristina Palabay
Karapatan Secretary General
+63 917 316 2831

Edre U. Olalia
NUPL Secretary General
+639175113373

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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

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.