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Who is safe out there? Rights lawyers condemn attacks on colleagues

The National Union of People’s Lawyers (NUPL) expresses its condemnation and serious concern over the killing of three members of the legal profession in just a period of two weeks from 19 February to 4 March 2014, as it relays its heartfelt condolences to the families of Atty. Noel Archival of Cebu City, Judge Reynerio Estacio of Zamboanga City, and retired prosecutor Issan Sawadjaan also of Zamboanga City.

All three brethren died violently, a raging manifestation of the impunity in the killings also of judges and lawyers and a shameless indication of the failure of the State to prevent or eradicate the continuing climate of impunity despite official disavowals to the contrary.

Atty. Noel Archival together with his staff were killed reportedly in an ambush on 19 February 2014 while returning to Cebu City from a robbery case hearing he attended in Dumaguete City. They suffered multiple gunshot wounds and the car carrying them had 31 bullet holes. Atty. Archival’s family and colleagues believe that the ruthless killing was perpetrated on account of his profession as a practicing lawyer.

Then on 28 February, Zamboanga City Regional Trial Court Judge Reynerio Estacio Sr. was attacked and killed reportedly by motorcycle-riding gunmen at Barangay (village) Tugbungan, Zamboanga City while inside his car and was about to leave for work. Judge Estacio sustained four gunshot wounds and died in the hospital.  His car bore seven bullet holes.

Only two days ago, yet another member of the profession, retired prosecutor Issan Sawadjaan and his brother were gunned down reportedly by unidentified assailants while laying their sister to rest at a local cemetery in Indanan, Sulu.

All three cold-blooded murders were brazen, and perpetrated with the use of guns in broad daylight, and most likely carried out in connection with the exercise of their profession. The killings and the manner in which they were executed not only sends a chilling effect to the members of the bar and of the bench, it also yet again reveals the inability of the government to suppress lawlessness and to protect judges and lawyers.

The killings must really end. Impunity must be met with strong resolve to hold those responsible accountable. Towards this end and in order to send a clear and determined message to the perpetrators and their masterminds, all pending cases of killings of lawyers and judges must be thoroughly investigated and tenaciously prosecuted with dispatch and those accountable be held to account.

We shall cooperate with the Supreme Court, the Integrated Bar of the Philippines Peers Committee as well as the Lawyers for Lawyers, Judges for Judges and the International Association of Democratic Lawyers (IADL), among others, in exploring more effective ways to confront these attacks.  Since the time of the Counsels for the Defense of Lawyers (CODAL) in 2005 up to the formation of the NUPL in 2007, the running list of attacks on lawyers and judges remains a source of renewed concern.

We ourselves who are exposed to daily conflicts especially between the high and mighty and the poor and oppressed have periodically been the target of vicious attacks in many forms. The combined recipe of  malicious labelling, illegal arrests, nuisance charges, menacing threats, and systematic surveillance by elements who do not believe in the force of reason and in peaceful yet passionate  advocacy for fundamental changes especially for the underdog is “all in a day’s work.”  Yet it is no comfort that we have been gratuitously called “an enemy of the state” by a sore Army general in reaction to our valid criticism.  We remain undaunted.

But with measured anxiety nonetheless, we dread that these recent attacks are ominous of things to come – and come in full circle if we allow it again – of a spike in extrajudicial killings not only of lawyers and judges but even of more civilians on top of the 169 killed so far under the present dispensation and of hundreds in the previous regime, with practically nobody but nobody really made to account.

Our fallen colleagues must be given justice and justice must be swift so that those who rely on the profession in the pursuit of justice will not lose faith.

At the end of the day, the buck stops with the government as it is expressly duty-bound by international covenants to protect also the members of the legal profession. If officers of the court and supposed pillars of the justice system who are symbols of the so-called majesty of justice and the rule of law are gunned down like headless chickens in broad daylight, then who is safe out there?

References:

Atty.  Edre U. Olalia
Secretary General
+639175113373

Atty. Alnie Foja
Asst. Secretary General for Protection & Welfare of Lawyers
+639479761197


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/

Ecumenical group to report killings, government neglect of typhoon victims to UN

The Ecumenical Voice for Human Rights and Peace in the Philippines (EcuVoice), a network of human rights and faith-based organizations, will be participating in the 25th sessions of the United Nations Human Rights Council in Geneva, Switzerland from 9-20 March 2014 to raise the pressing human rights concerns in the Philippines, including the unabated extrajudicial killing of political activists and the Aquino administration’s incompetence in addressing the needs of typhoon Yolanda victims.

Pastor Jerome Baris, national coordinator of the justice, peace and human rights program of the United Church of Christ in the Philippines, and Atty. Ephraim Cortez, deputy secretary general of the National Union of People’s Lawyers, will represent the network in the said UN sessions.

Baris and Cortez are also set to report on the increasing attacks against activists and rights defenders via fabricated charges filed against them by state security forces; killings of children and attacks against schools: on the violent and forced eviction of urban poor dwellers in San Roque, Quezon City and in San Juan City; and the harassment and threats against typhoon victims in the Panay region by units of the Armed Forces of the Philippines.

“The human rights situation under the Aquino administration is as worrisome as the situation during the Macapagal-Arroyo administration. Perpetrators from state security forces are not made accountable for their crimes, and much worse, they get juicy promotions, thereby keeping and perpetuating themselves in power. Instead of addressing the people’s urgent concerns and needs such as housing, relief and rehabilitation for typhoon victims, education, and livelihood, the Aquino administration suppresses the people’s voices through various schemes,” Baris and Cortez said.

Under the Aquino administration, human rights group Karapatan recorded 169 victims of extrajudicial killing, 825 victims of illegal arrest, 13,528 victims of demolition and 63, 077 victims of threats and harassment. (please check Karapatan’s latest report on the human rights situation http://karapatan.org/2013+Human+Rights+Report)

The delegation is a follow-up engagement to the Universal Periodic Review of the Philippines in 2012 and the review of the Philippine government’s compliance to the International Covenant on Civil and Political Rights.

Reference:
Pastor Jerome Baris
National Coordinator
Ecumenical Voice for Human Rights and Peace in the Philippines (EcuVoice)
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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
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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

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. 

BS Aquino government continues to ignore extrajudicial killings — Karapatan

http://www.karapatan.org/BS+Aquino+govt+continues+to+ignore+extrajudicial+killings%E2%80%94Karapatan

Karapatan today called on Department of Justice Secretary Leila de Lima to put meaning to the word JUSTICE in her department and prosecute and punish all the perpetrators of human rights violations. “The BS Aquino government continues to turn a blind eye to the incidents of extrajudicial killings, now with seven victims in the first six weeks of 2014.”

“The trend is alarming and the DOJ is not doing anything about it. We are seeing a repeat of the Oplan Bantay Laya days of Gloria Arroyo,” Cristina Palabay, Karapatan secretary general, said.

Karapatan slammed the Aquino government on the escalating incidents of extrajudicial killings committed by state security forces. The group has documented 169 victims of extrajudicial killings and 179 frustrated killings under the Aquino regime. The group brought with them seven “corpses” in front of the DOJ to depict the seven victims of extrajudicial killings for this year.

The latest reported killing received by Karapatan is that of a Higaonon datu (tribal chieftain) Rolando Ambungan in Brgy. Lumbuyan, Sitio Balakalan, Buenavista, Agusan del Norte on January 31. A certain Eddie Ampiawan aka “commander Bawang” and two other men wearing masks shot Ambungan at around 7:00 p.m. while he was in his house’s veranda.

The killers were identified by Datu Ambungan’s sister who saw Commander Bawang fired an M-14 rifle. Datu Ambungan’s nephew Janmar Sulhayan was also hit during the shooting. Datu Ambungan was brought to a health facility but was declared dead on arrival.

Prior to the killing of Datu Ambungan, “Commander Bawang” tried to convince Datu Ambungan to be on their side and allow a mining company to operate in their community. On January 28, Datu Ambungan received a phone call from Commander Bawang who offered him Php 2 million. When Ambungan declined the offer, Bawang threatened to kill Ambungan. The whole phone conversation was heard on the speaker phone by Datu Ambungan and his sister Merlinda Sulhayan.

The six others killed from the period of January to February were:

  • Marcelo Monterona, Barangay Elizalde, Maco town, Compostela Valley, killed January 5.
  • Arman Padino, Hacienda Dolores in Pampanga, died on January 13.
  • Henry C. Orbina, Cabid-an, Sorsogon City, killed January 30.
  • Julieto Lauron, Haindangon, Valencia City, killed February 5.
  • Rosauro Rayteran, Brgy. San Pascual, Libon, Albay, killed February 6
  • Rasty Rayteran, 18, son of Rosauro, killed February 6

Most of those killed were peasants, indigenous people and a worker.

“With the 169 documented cases of extrajudicial killings under the BS Aquino government, none of the perpetrators were punished. In fact, even the charges against the killers of the Capion family, of Fr. Pops Tentorio, although with witnesses and strong evidence were dismissed. The killing spree continues as the government through its armed forces speeds up the implementation of Oplan Bayanihan,” Palabay said. ###

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 Floor 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.

Human rights abuses in Philippines abetted by US — Karapatan

http://www.karapatan.org/Human+rights+abuses+in+PH+abetted+by+US

Karapatan said the US State Department report on the human rights abuses in the Philippines is “hypocritical”, saying the US is also responsible for the said abuses through military aid, deployment of troops and a counterinsurgency program that is the blueprint of Aquino’s Oplan Bayanihan.

“The US government foments human rights abuses in the Philippines by filling up the military war chest of the Aquino government. The US military aid is used for the implementation of Oplan Bayanihan which already victimized thousands of Filipinos especially in the rural areas,” said Karapatan secretary general Cristina Palabay. She cited the $40 million military aid to the Philippines promised by State secretary John Kerry in December when he visited the Philippines.

Palabay said, “Impunity persists precisely because of US backing. For its own political and economic interests, the US propped up regimes which are human rights violators—from the time of the Marcos dictatorship up to the present.”

The report, which came out two months after Kerry’s $40 million pledge, is “deceitful” according to Palabay. “It is image building. The US government is trying to soften its image among Filipinos and also in the international community as it prepares for an increased and permanent presence in the Philippines for its vaunted Asian pivot.”

In an article written by Azadeh Shahshahani and Vanessa Lucas of the National Lawyers Guild in the US, they said that US military aid to the Philippines rose to $30 million in 2012, from $11.9 million in 2011, signaling “U.S. government’s renewed support for Oplan Bayanihan, the Aquino administration’s counter-insurgency program and the latest attempt to end a 45-year-old insurgency led by the Communist Party of the Philippines and its armed wing, the New People’s Army (NPA).” [seehttp://www.thenation.com/blog/178453/how-us-aid-fosters-human-rights-violations-philippines#]

“Oplan Bayanihan has adopted a similar framework and similar techniques to Oplan Bantay Laya (counter-insurgency program under Macapagal-Arroyo administration), and has led to human rights violations,” they wrote.

Not a ‘communist propaganda’

Palabay took note of the “prompt response” of the Aquino government and its agencies to the report by the US government while practically ignoring the killings that have been going on since the Aquino’s presidency. Palabay recalled how BS Aquino “immediately dismissed documented human rights violations perpetrated by State forces as ‘communist propaganda’.

From July 2010 to December 2013, Karapatan documented 169 victims of extrajudicial killing. In the first six weeks of 2014, Karapatan already documented six victims of extrajudicial killing.

“Impunity exists because there is not one perpetrator arrested, prosecuted and jailed—they are promoted. The Commission on Human Rights cannot simply agree to the report. It is equally accountable because it issued clearances to military officials promoted by BS Aquino, despite pending court cases against them,” Palabay said.

Reference:
Cristina “Tinay” Palabay
Secretary General
+639173162831

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
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. 

Political persecution of human rights defenders must end

The Cordillera Human Rights Alliance condemns the continuing political persecution of human rights defenders under Oplan Bayanihan.

On 26 February 2014, posters with the heading “Rupa Ken Nagan ti NPA nga Agsusuweldo”  (Faces and Names of the New Peoples Army (NPA) Receiving Salaries) were mounted in markets and waiting sheds in different municipalities of Ifugao by State security forces and their agents.

Unjustly tagged as enemies of the people are Cordillera Human Rights Alliance (CHRA) Secretary General Jude Baggo, Katribu National Chairperson Beverly Longid, Cordillera Peoples Alliance regional staff member Emerson Soriano, Makabayan leaders Liza Masa, Teddy Casino and Satur Ocampo, National Democratic Front of the Philippines Peace Negotiator Luis Jalandoni  and Chief Political Consultant Jose Maria Sison. Under the photograph of CHRA Secretary General Jude Baggo are the words“NPA BRAIN”, his name and “HUNGDUAN” ( the Ifugao Municipality that he hails from).  The poster stated as well that the  Ifugao Research and Development Center (IRDC) was the house of the NPA in Lagawe. The poster wrongfully accused the people above as troublemakers and that they enjoy a good life from illegitimate means.  In bold letters at the bottom of this material was a warning, “WATCH OUT NPA SYMPATHIZERS AND SUPPORTERS!  THIS IS YOUR FIRST AND LAST WARNING!  WE THE UMILI ARE SICK AND TIRED OF YOU!”.   A certain group “Ifugao People’s Council” is signatory to the poster.

Why do we point to the State, its security forces and their agents as accountable for this?

This is not the first time that this was done.

In October 2012, a Target List in Tinoc, Ifugao of the 86th Infantry Battalion, Philippine Army, and the 5th Infantry Division of the Armed Forces of the Philippines classified Baggo as “Utak ng NPA” (brains of the New People’s Army). Baggo was subjected to surveillance, threats and incidents of harassment as well as the 27 others in the list which includes development workers, and members and leaders of people’s organizations. One even became a victim of illegal detention and torture in the same year.

These acts of red-tagging or political vilification are cheap attempts to cow human rights defenders into silence and paralyze their effective work of serving the people.

These are also measures to wrongfully condition the people into thinking that activism and political dissent are illegitimate. This would serve as a premise to justify other human rights violations that may be perpetrated against the people named and other leaders and members of their organizations.

The funds for this smear campaign and the whole policy under which it is being implemented, Oplan Bayanihan, come from the nation’s coffers and are being used by the Aquino government against the people.

The Cordillera Human Rights Alliance reiterates our demand that the Aquino government and its State security forces should put a stop to the political vilification of human rights defenders and political dissenters. No person’s rights should be violated because of one’s involvement in the defense and assertion of human dignity.

We call for an end to Oplan Bayanihan — the policy that has definitely not resulted to peace and development but has instead resulted to a condemnable record of human rights violations.

For reference:
Atty. Jennifer Asuncion
Vice Chairperson
Cordillera Human Rights Alliance
Mobile number:  +639198286247

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Cordillera Human Rights Alliance
55 Ferguson Road, Baguio City, Philippines
telefax: +63. 74. 443. 7159
telephone:  +63 74 304 4239
cp:  +63 918 919 9007
email: chra.karapatan@gmail.com