The Dutch foundation Lawyers for Lawyers warns in an open letter to President Aquino of the Philippines about the continued labeling of lawyers as enemies of the state by the military. This month, Army chief Lt. Gen. Noel Coballes reportedly branded the National Union of Peoples’ Lawyers (NUPL)  as an ‘enemy’ in reaction to  NUPL’s criticism on the promotion of an army general who is facing credible charges of human rights violations. Gen. Coballes was quoted as saying: “You don’t expect any positive statement from the enemy”.

The practice of labeling — combined with the culture of impunity and the military involvement in politics — has in the past been  identified by national and international fact finding commissions as one of the main root causes for the spate of extrajudicial killings in the Philippines since 2001.

At least 23 lawyers were killed from 2001 to 2009. Many of them were labeled  as  ‘enemies of the state’ prior to being attacked,  apparently because they were identified with their clients or their clients’ causes as a result of performing their professional duties. So far, only one person has been convicted for these killings and this occurred in 2006.

Lawyers for Lawyers also notes that Filipino lawyers increasingly fear being silenced by fabricated charges. There is an imminent threat that Edre Olalia, a prominent human rights lawyer and a founding member of NUPL, faces clearly false charges as a result of exercising his legal profession.

Atty. Olalia, together with other lawyers from the NUPL, deals with high profile cases in the field of extrajudicial killings, enforced disappearances, demolitions of houses of the urban poor, privatization of government hospitals as well as cases related to various mass and people’s organizations.

Lawyers for Lawyers calls on the Philippine government to immediately and seriously protect and support all lawyers in the Philippines and take all measures necessary to stop the culture of impunity surrounding the acts of harassment and killings of members of the legal profession.

Militant groups sued over SONA protest
(The Philippine Star) | Updated August 1, 2013 – 12:00am

MANILA, Philippines – Leaders of militant groups, including former party-list lawmakers, have been slapped with criminal charges over the violent protest during President Aquino’s State of the Nation Address last July 22.

The Quezon City Police District (QCPD) on Monday filed before the prosecutor’s office a supplemental complaint for violation of Batas Pambansa 880, direct assault, malicious mischief and physical injuries against 14 persons.

Charged were former party-list representatives Satur Ocampo of Bayan Muna, Liza Maza of Gabriela, Teddy Casiño of Bayan Muna, and Rafael Mariano of Anakpawis.

Also named respondents were Renato Reyes of Bagong Alyansang Makabayan (Bayan), George San Mateo of Piston, Ferdinand Gaite of Courage, Antonio Tinio of ACT, Jerome Adonis of Kilusang Mayo Uno, Carlito Badion of Kadamay, Deunida Regalario of Kadamay, Willy Marbella of Kilusang Magbubukid ng Pilipinas, lawyer Edre Olalia of the National Union of People’s Lawyers, and Rasti Dalizo of Sanlakas.

Meanwhile, a Quezon City court yesterday junked the complaint filed against Mayor Herbert Bautista, QCPD director Chief Superintendent Richard Albano and Department of Public Order and Safety chief Elmo San Diego for denying Bayan’s application for a permit to hold rally near Batasang Pambansa last month. – Reinir Padua, Janvic Mateo

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