Statement of the National Union of Peoples’ Lawyers on complaint filed by police against  leaders of the People’s SONA rally

An even sillier move bereft of any legal or factual basis invoking an unjust law the police have time and again brazenly violated for its own dubious purposes.

It is pure and simple harassment to smokescreen the culpability of the police for the treacherous, unmitigated and unprovoked attack versus the protesters while negotiations were going on. Also, it is obviously meant to silence and intimidate dissenters through a devious strategic lawsuit against public participation.

We will stand by our clients even as we deplore the curiously gratuitous inclusion of our Secretary General who was at the rally together with our visibly identifiable fellow lawyers, law students n paralegals as usual Quick Reaction Teams in case of any situation requiring legal assistance or advice.  He was in fact accompanying the leaders to help them explain to the police the legal aspects of the public assembly and was in the course of negotiating with police representatives for an orderly, reasonable and mutually acceptable resolution to the impasse or standoff before the police disingenuously pulled a fast one by suddenly surging and attacking the protesters, hurting scores including himself.

This latest repressive move will certainly backfire on the authorities and exacerbate the mistrust and discontent of the people. It will also be another embarrassment before the international community.

Moreover, it exposes the hidden agenda to silence not only progressive leaders and their organizations but now even their lawyers in their criticism of government policies.

We believe the filing of this complaint serves as a long-awaited reprisal for our active representation of victims against top military and police officials and for handling various public interest cases and issues that threaten an unjust social, economic and political order.

Finally, this latest move betrays this government’s intolerance for dissent and criticism even through peaceful assemblies. It smacks of arrogance in cavalierly throwing the full weight of the state machinery to quell it.

REFERENCE:
ATTY. EDRE U. OLALIA
Secretary-General, National Union of Peoples’ Lawyers
Tel: +63917-5113373

National Secretariat
National Union of Peoples’ Lawyers (NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. 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/

The International Association of Democratic Lawyers, a nongovernmental organization with consultative status at ECOSOC of the United Nations, and members throughout the world, has been informed that on 22 July 2013, the Philippine police force attacked a peaceful demonstration of protestors who assembled on the occasion of President Aquino’s State of the Nation Address, to voice their concerns about the government policies and protest actions of his administration.

IADL is informed that a “negotiating team,” including officers of our Philippine affiliate the National Union of Peoples’ Lawyers (NUPL) who were present to legally assist their clients from various mass organizations, was talking to the police officers about the progress of the demonstration and while they were patiently awaiting a response from the police spokesperson/negotiator, when the police suddenly attacked those at the front of the protest resulting in injuries to several unarmed protestors.

IADL condemns this action as being a violation of the fundamental rights of people in the Philippines to freedom of speech and assembly. IADL understands that the Republic of the Philippines has ratified the International Covenant on Civil and Political Rights (ICCPR), and therefore must act in conformity with the provisions of this Covenant.

IADL reminds the Government of the Philippines that the rights to freedom of speech and assembly are guaranteed in Articles 19 and 21 of this Covenant. Under this Covenant the government may restrict these rights only if the restriction is provided by law and is necessary to protect national security, public safety or order. The burden is on the government to credibly show the necessity of the restriction.

While IADL understands that a permit for this demonstration was unfortunately denied on the basis of a supposed temporary disruption to traffic, such a rationale does not comport with the government’s obligations to protect rights of freedom of assembly under the IC CPR or a reason under the ICCPR which allows for any restriction.

Freedom of assembly is a fundamental right and should generally be enjoyed without regulation.

Under the standards of international law, those wishing to assemble should not be required to obtain permission to do so. While IADL recognizes that in some circumstances, states may create notice schemes for assemblies but these should be notification, not for permission. Any notification scheme must not impose excessive demands and must be for the purpose of informing the authorities so that they can take measures to facilitate the exercise of the right.

Where assemblies or marches are held outside notice schemes this fact alone does not justify police action against those assembled.

IADL demands an objective and independent investigation into the police violence against the demonstrators and for the government to ensure that its domestic rules regarding freedom of assembly comply with international law as recognized by the Philippine Constitution. If the government fails to undertake this investigation or attempts to prosecute those peacefully assembled, a formal complaint will be filed with the UN Human Rights Committee when appropriate and the IADL and its affiliates worldwide will support and assist in this regard.#

Issued 29 July 2013
Jeanne Mirer, President
International Association of Democratic Lawyers