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Rights lawyers dispute Malacañang: Political Prisoners exist in the Philippines

ICHRP Secretariat
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Press Release

“Three hundred sixty political prisoners still languish in Philippine jails contrary to Malacañang’s denial,” asserted   NUPL Secretary General Atty. Edre Olalia.

“It might be shocking for Malacanang to find out that there are still political prisoners, several of whom are  our clients,” Olalia sarcastically commented on behalf of the group of lawyers that handles several political prisoners, victims of extrajudicial killings, disappearances, torture and arbitrary arrests as well as peasant, worker and urban poor cases.

Olalia made the assertion in reaction to the recent statement issued by Presidential Spokesperson Edwin Lacierda, who reportedly boldly claimed there were no more political prisoners in the Philippines.

The NUPL, established in September 2007 amid rising cases of extrajudicial killings and forcible abductions attributed to state forces, has over 400 members nationwide comprising lawyers, law students and paralegals . It has  discovered and known all along that the alleged acts of the prisoners they  are representing or helping are, even if hypothetically admitted, actually political in nature.

Olalia noted that only a minority of political detainees were charged with rebellion. At least 85 % of suspected political offenders are improperly charged with non-bailable ordinary crimes and not with rebellion. They were accused of committing murder, arson, illegal possession of firearms or explosives, physical injuries and other common crimes. “We have assessed that most of these are actually false or fabricated charges that further persecute these detainees, degrade their stature, mock the basic rules of evidence and is a travesty of justice. These, on top of the multifarious violations of their rights including torture and harassment.”

Recently,  NUPL lawyers had an audience with Justice Secretary Leila De Lima and Undersecretary Francisco Baraan III where they pointed out two dirty tricks that gave notoriety to the past Arroyo administration: Firstly, charging political prisoners with common crimes and, secondly, the improvident use of “John/Jane Does” in criminal informations filed in court. This odious practice continues until today.

Political activists are the usual victims of the improvident use of John/Jane Does. Whenever an information involving “John/Jane Does” is hastily filed in court, spurious witnesses belatedly spring up to identify activists and members of  political  organizations supposedly as the unknown suspects, by fabricating affidavits naming certain persons to be the John/Jane Does in the charge sheet.

“After the political activists are identified in bad faith as the John/Jane Does,  arrest warrants are issued and they are arrested without any preliminary investigation in violation of their right to due process,” Olalia added.

The NUPL, which just marked its 4th year anniversary last month, has joined growing calls  for a “ general, omnibus and unconditional amnesty for all political prisoners” as a matter of justice long overdue.

Aside from their meeting with the justice secretary, the NUPL visited the Batangas Provincial Jail to talk with seven political prisoners and coordinated with the local chapter of the Integrated Bar of the Philippines (IBP-Batangas) to extend to them legal assistance in close collaboration with the NUPL. One of the political prisoners visited by the NUPL in Batangas was Maricon Montajes, a mass communication student of the University of the Philippines . She was charged with Illegal Possession of Explosives, Violation of the Fire Arm Ban under the Omnibus Election Code, and Illegal Possession of Fire Arms and Ammunition.

While some political detainees have already been freed, Secretary De Lima noted that the Justice Department is working to have more of them released in the near future through the Presidential Committee on Bail, Release, and Pardon (PCBREP). Secretary De Lima agreed with the legal position of NUPL and recognized its concerns,  telling them that a directive will be issued to the National Prosecution Service (NPS) to form a committee that will study these issues  and draft a department circular to address this problem. It was thus totally puzzling to the NUPL delegation that, unlike the military and Malacanang, the DOJ tacitly recognizes that there are political prisoners.

The existence of political prisoners in several parts of the country is an obvious matter of fact that Malacanang will be hard put to deny with a straight face like the dictator Marcos. #

Reference: Atty. Edre U. Olalia, NUPL Secretary General (09175113373)

Memorial mass for Bishop Alberto B. Ramento and other church martyrs held in Amsterdam

ICHRP Secretariat
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Memorial mass for Bishop Alberto B. Ramento and other church martyrs held in Amsterdam

A solemn memorial mass  “ Remembering and Honoring Bishop Alberto B. Ramento and All Other Church Martyrs in the Movement for Justice, Peace and Integrity of Creation in the Philippines”, was held October 2 , at the Old Catholic Church in Amsterdam.

Dr. Paul The Gwan Tjaij, chairperson of the SKIN (association of migrant churches in the Netherlands)

The mass marked the 5th anniversary of the extrajudicial killing (EJK)  of IFI (Iglesia Filipina Independiente-Philippine Independent Church) Bishop Ramento on  October 3, 2006 at his rectory in Tarlac. The mass was organized by the Filipino Parish Netherlands  (FPNL)  and the Old Catholic Church (OCC).

The Philippine National Police dismissed his killing as “robbery with homicide” while his family, IFI and human rights organizations considered his killing as  politically motivated. Having received several death threats and sensing that his life was in danger, he wrote his family “I know they are going to kill me next. But never will I abandon my duty to God and my ministry for the people”.

Theo Droog of the Nederlands-Filipijns Solidaritetit, Netherlands-Philippine Solidarity (NFS)

Bishop Ramento was a high ranking official of his church and inter-church organizations like the Ecumenical  Bishops’ Forum, National Council of Churches in the Philippines, Convenor of  Pilgrims for Peace  and Board Chairperson of the Workers Assistance Centre in Cavite. He was a staunch critic of the Arroyo administration for its anti-poor, anti-peasant and anti-worker policies and its grave human rights record.

Solidarity messages were delivered by Theo Droog of the Nederlands-Filipijns Solidaritetit, Netherlands-Philippine Solidarity (NFS), Dr. Paul  The Gwan Tjaij, chairperson of the SKIN (association of migrant churches in the Netherlands) and Luis Jaladoni, chairperson of the Negotiating Panel of the NDFP (National Democratic  Front of the Philippines).

In their messages, they underscored Bishop Ramento as being a bishop of the poor, the peasants and the workers. They extolled  his uncompromising opposition to  extrajudicial killings and  his consistent  advocacy for peace based on justice. They noted his solidarity with the Hacienda Luisita farm workers strike and his courage to carry on  his advocacy for justice and human rights in spite of threats  and the killing of  one of his  priests, the  Rev. Fr. William Tadena who was in solidarity with the farm workers’ strike.

Luis Jaladoni, chairperson of the Negotiating Panel of the NDFP (National Democratic Front of the Philippines)

Luis Jalandoni  said ”Bishop Ramento is indeed a martyr and hero of the Filipino people”, while Theo Droog noted that the” sacrifices of the martyrs will never be forgotten and is a continuing source of inspiration”. Dr. Paul  expressed thanks for the lives of the martyrs and said “it is our deepest hope and prayer that the extra-judicial killings will stop and be resolved according to the principles of law and democracy”.

A part of the memorial mass was the presentation of a book on Catholicity and Globalization-Remembering Ramento- a Bishop of the Poor, Peasants and Workers, by Rev. Fr. Dr. Peter-Ben Smit. The book is a project of the Old Catholic Church to honor Bishop Ramento as a martyr.

A roll call of the 30 martyrs since 2001  was made.  Thirty (30) candles were lighted and flowers laid to honor the martyrs, afterwhich the song Pananagutan was sung.
Attending  the memorial mass were Prof. Jose Maria Sison and other members of the NDFP Negotiating Panel,  migrants, refugees, au pairs, solidarity friends and members of the Old Catholic Church.

In his homily, Rev. C.T. Taguba said that the memorial mass is significant because it shows that  the Filipino diaspora and their friends are concerned and in solidarity with the victims and their loved ones and that the victims are not silenced nor terrorized. He said that 2 church people were victims of EJKs since Aquino III became president. Noting that  justice  is still to be done, he expressed fears that the worst is still to come. However, he said  “there is hope in the courage of  the exploited and oppressed to resist and uphold their human dignity and the growth in strength  of solidarity for human rights, justice and peace on  the national and international  levels”.  He linked the struggle of migrants and their families for dignity as an integral part of the movement for human rights,  justice and peace.

Meanwhile, the Filipino Parish Council announced that the next  monthly mass  will be held at 2pm of  20 November . The 18 December mass  will celebrate Christmas and the anniversary of the  UN  Convention on the Protection of All Migrant Workers and Members of Their Families. Parish programs for the undocumented, Christian nurture and growth and solidarity relations were  also announced.

(For further information please contact Rev. C. T. Taguba , tel. 033-4723084, <[email protected]>,  Rev. Fr. Dr. Peter-Ben Smit <[email protected]>   and Bishop Dr.  DJ Schoon,020-6628313, email<[email protected])

Mind mining in the Philippines! Save Palawan!

ICHRP Secretariat
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There were mixed feelings amongst the migrants during the forum on “State of Mining in Palawan” last September 29, 2011 at Centro Filipino, Basilica di Santa Pudenziana, Via Urbana, Rome.

It was painful for some, unforgiveable for others, a few were probably confused, or many surely were compassionate, the testimony of the speaker, Dr. Dario Novellino, an Italian anthropologist who immersed with the “katutubos” in Palawan for many years,that behind the beauty of this island, the so called pride of Philippine tourism,  “the paradise,” as the speaker described the island, the most bio-diverse region in Philippines, wherein, grave social injustices are being committed against the indigenous people and their heritage.

Dr. Novellino, Italian anthroplogist

In his video presentation on “Palawan: Voices from the Last Frontier,” the island has three ethnic groups, namely: the Palawan, the Tagbanua, and the Batak. They depend much of their livelihood from the abundance of the forest, their ancestral domain. The courageous “katutubos” testified how their lives changed from the peaceful and better way of living into becoming impoverished since the operation of mining and other horrendous projects  in their place. Many of them became vulnerable to abuses, were forced to work in the mining regardless of the risks and unsecured labor benefits.

Human rights violations against the indigenous people are condemnable! The killing of environmental campaigner and radio announcer journalist Gerry Ortega in Palawan last January 24 because of his strong opposition to mining heightened the campaign to free the ancestral land from local and foreign miner’s exploitation.  The Indigenous Peoples Rights Monitor (IPR Monitor) documented 120 extra-judicial killings since Arroyo regime took power in 2001 from different regions. The 120 victims included 13 women, four of whom were pregnant, and 16 minors. The continued implementation of the government’s Mining Act of 1995 which allows 100% foreign ownership to mineral lands and eviction of indigenous communities is a heinous crime!

Mining, illegal logging and more destructive projects are operating in many parts of Philippines and mostly located in indigenous communities. In spite of the existence of the government’s Indigenous Peoples Rights Act (IPRA) of 1997 and The Free Prior Inform and Consent (FPIC) that recognized the collective rights of the indigenous people, these were violated and completely ignored by the mining companies, foreign investors in connivance with local officials, and the lack of political will and sincerity of the previous and present administration to resolve the worsening situation of the indigenous people are disturbing.

Doctor Novellino who represent ALDAW (Ancestral Land Domain Watch) and Mons. Jerry Bitoon from Solidmove and the Congregation for the Evangelization of People who were spearheading the campaign in Italy to “Save Palawan,” believe that the united voices of the Filipino Overseas Workers can put an end to the suffering of our indigenous people.

The UMANGAT-MIGRANTE Rome, which has been active on human rights issues over the years and is one of the organizers of the forum, together with the International Coordinating Committee for Human Rights in the Philippines (ICCHRP ) Rome Chapter call for the unity and support of Filipino migrants to work and defend the plight of the indigenous people and their ancestral domains!

Contact person:
Ann Brusola
Email: [email protected]

Palparan should end up in jail not in Congress

ICHRP Secretariat
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Palparan should end up in jail not in Congress

Press Release, “Stop Daydreaming and Face the Music”

“Gen. Palparan’s incorrigible, remorseless and unmitigated demonization of defenseless civilians merits him a place behind bars  more than a seat in Congress.” This was the statement of Atty. Edre Olalia, Secretary General of the National Union of Peoples’ Lawyers (NUPL), in response to reports that retired Major General Jovito Palparan was planning to run for a partylist seat in Congress in 2013 on the basis of his “expertise in security.”

“He should not be daydreaming this early. It would be healthier for him if he deals with the reality that he is facing and will be facing a string of multiple charges in different fora and that sooner or later, justice will catch up on him, “Atty. Olalia added.

Trying to smokescreen the strength of the evidence against him, Palparan manifested his intention to run for Congress in an interview during a break in the clarificatory hearing of the preliminary investigation conducted by a panel of the Department of Justice (DOJ) for the enforced disappearance of University of the Philippines (UP) student-activists Karen Empeno and Sherlyn Cadapan.

“The partylist system is intended to empower the marginalized sectors and not to  perpetuate into power those who marginalize them. It is supposed to be a social justice mechanism intended to give more in law to those who have less in life and not to those who have destroyed many lives,” Atty. Olalia pointed out.

Palparan continues to  label activists, progressive groups and members of Congress as enemies of the state. This fascist way of thinking and messianic delusions, according to Atty. Olalia, is the mindset for  extrajudicial killings and enforced disappearances as it makes no distinction between armed rebels and defenseless civilians and as it gives no regard to legal processes and to human rights.

Meanwhile, during the pendency of the preliminary investigation, Wilfredo Ramos, one of the eye-witnesses for the complainants, was approached three times in their barangay by military men to recant his testimony in exchange for economic considerations. Ramos  vividly recognized a security aide of Palparan as one of the abductors. The aide was later named as Staff Sergeant Edgardo Osorio of the 24th Intelligence Service Unit of the Philippine Army based in Fort Bonifacio. “This is clearly a case of  subtle harassment by the military in a desperate attempt to weaken the merits of the case and to relieve of any criminal responsibility all those who are  part of the conspiracy,” Atty. Olalia commented.

Also, Raymond Manalo  identified during the clarificatory hearing one of his abductors as Major Harry Baliaga, the  identified suspect in the abduction of activist Jonas Burgos.  Manalo is a human rights victim himself and an eyewitness for the complainants in the case of Sherlyn and Karen. “Baliaga’s involvement both in the enforced disappearance of the Manalo brothers and of Jonas only attests to the  fact that security forces systematically perpetrate extrajudicial killings and enforced disappearances in that they should not be taken simply as individual cases of human rights violations unrelated to each other,”Atty. Olalia insisted.

Criminal Charges Against Palparan Nears Resolution

The clarificatory hearing last Friday concluded the preliminary investigation on the criminal charges against Palparan et. al. for the enforced disappearance of the two UP students.   “The clarificatory hearing reinforced that the testimonies of the witnesses for the complainants were vivid, candid, consistent and straightforward.” Atty. Olalia noted. “This is as opposed to the telling inconsistencies between the testimonies of the respondents denying the accusations against them to save their skin.” In fact, Palparan was compelled to make damning admissions that further “connect the dots,“ he  added.

“Given the strength of the evidence against Palparan and his cohorts, the context and the circumstances of the case and related incidents, we  trust that there is a sufficient ground to hold the respondents for trial and that corresponding charges will be filed soon,” Atty. Olalia  asserted. “We should not let up and be vigilant in ensuring that the perpetrators of this horrendous crime will be accountable for their felonious acts,”he concluded.

The legal team for the complainants and their witnesses include Atty. Julian Oliva, Atty. Ephraim Cortez,  Atty. Cristina Yambot, Atty. Jobert Pahilga, Atty. Jill Santos and Atty. Olalia, all members of the NUPL. .#

Reference: Atty. Edre U. Olalia, NUPL Secretary General (09175113373)

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The National Union of Peoples’ Lawyers was formally founded on September 15, 2007 as a nationwide voluntary association of human rights lawyers as well as law students, paralegals and legal workers in the Philippines, committed to the defense, protection, and promotion of human rights especially of the poor and the oppressed.

Groups urge Aquino to free all political prisoners in marking martial law

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By Ronalyn V. Olea, Bulatlat.com

MANILA – On the 39th anniversary of the imposition of martial law, human rights advocates and other groups called anew on President Benigno S. Aquino III to release all political prisoners.

Members of people’s organizations allied with Bagong Alyansang Makabayan (Bayan) marched from España to Chino Roces (formerly Mendiola bridge). In various detention facilities nationwide, hundreds of political prisoners went on hunger strike from Sept. 19 to Sept. 21 to demand their release.

Karapatan said there are 360 political prisoners still languishing in jails today. Seventy-seven of them were jailed under the new Aquino administration.

Marie Hilao-Enriquez of KARAPATAN

“Today’s commemoration of the 39th year of the declaration of martial law is again an occasion for the President to reminisce the experience of how he and his family suffered under martial law… But even as he recalls the suffering of his family, he callously ignores the suffering of other families whose sons, daughters, wives, husbands, fathers and mothers are detained, not by the dictator but by his government, not 39 years ago, but today,” Marie Hilao-Enriquez, Karapatan secretary general, said in a statement.

Aquino government’s denial

“To our knowledge, we have no political prisoners,” said Presidential Spokesman Edwin Lacierda.

“The government has the gall to say there are no political prisoners because it has criminalized political offenses, conveniently covering up the fact that there ARE political prisoners under Aquino’s watch,” Enriquez said in reaction to Lacierda’s statement.

Enriquez cited Crisanto Fat, a peasant leader charged with fabricated cases of illegal possession of firearms and explosives. He died in jail last Sept. 20. (See related story)

“Under the Marcos dictatorship, it is clear that there were political prisoners. In this sense, Marcos is better. Now, they (Aquino) refuse to recognize the existence of political prisoners, preferring to call them as ‘alleged political offenders,” said Casambre, Rey Claro Casambre, executive director of Philippine Peace Center. This he attributed to the filing of trumped-up charges and other criminal offenses against activists.

Karapatan chairwoman Marie Hilao-Enriquez, survivor of martial law, calls on protesters to continue fighting against repression. (Photo by Ronalyn V. Olea / bulatlat.com)

Casambre pointed out that the arrest and continuing detention of 13 consultants of the National Democratic Front of the Philippines (NDFP) violated the Joint Agreement on Safety and Immunity Guarantees (Jasig) and the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).

Alan Jazmines, one of the NDFP consultants, said in his message from prison that the Government of the Philippines (GPH) needs to abide by previous agreements and exercise goodwill measures for the smooth continuation of the peace talks. This the GPH could start doing by releasing all political prisoners, he said.

Jazmines also suffered detention and intense torture under martial law, according to martial law activist Bonifacio Ilagan. Jazmines was again arrested February 11 this year. He is currently detained at the Philippine National Police Custodial Center inside Camp Crame.

Karapatan is calling for a general, unconditional and omnibus amnesty for political prisoners. “He did it in the case of the Magdalo soldiers. Yet he remains indifferent to the political prisoners,” the group said.

‘Remnants of fascism’

“The Marcos dictatorship was ended by people power more than 25 years ago but many essential remnants of fascism have remained, buttressed by the continuation of the same old, rotten semi-feudal and semi-colonial system and rule,” Jazmines said.

Karapatan’s Enriquez shares the same view, saying that the Aquino government continues the practice of arrest and detention of those who criticize the government’s inaction on soaring prices of basic commodities, unabated oil price increases, and the government policies and programs on land reform, urban poor housing, mining and budget cuts on basic services such as health and education.

“Beneath the Oplan Bayanihan’s slogan of ‘adherence to human rights and peace and development,’ political repression remains,” Enriquez declared, citing as example the killing of Rabenio Sungit, a member of the United Church of Christ of the Philippines (UCCP) on Sept. 5 in Quezon, Palawan, and the death of seven-year-old Sunshine Jabinez, on Sept. 2, due to indiscriminate firing of members of the 71st Infantry Battalion of the Armed Forces of the Philippines (IBPA).

Presidential Spokesman Lacierda said:” We frown on extralegal killings.” But under the Aquino administration, there are already 55 victims of extrajudicial killings and eight victims of enforced disappearances, based on Karapatan’s documentation.

Cristina Palabay, convenor of End Impunity Alliance, called the Aquino administration “a liar” when it comes to human rights. “Even as the soldiers conduct fun run for peace and offer services to communities, military operations continue. They say they ‘respect’ human rights? Such is the gall of this government,” Palabay said.

Palabay noted that the Aquino administration is seeking to increase the budget of the Department of National Defense by P2.4 billion in the 2012 budget. The amount includes P169 million for intelligence funds and P26.5 million for advertising expenses.

The Office of the President also allots funds for intelligence expenses amounting to P600 million for 2012. The National Intelligence Coordinating Agency will also get a hefty P436 million in 2012.

“How these funds will be spent is a big question because intelligence funds are deemed as confidential expenses. We fear that these funds will be used for surveillance and vilification campaigns of the military against human rights defenders and activists, as they did in the past,” Palabay said in a statement.

“The Aquino administration is not simply ignorant of human rights violations happening. We point to it as the criminal, as it favors Aquino’s class and the foreign powers,” Palabay said.

U.S. government’s role

Meanwhile, Renato Reyes Jr., Bayan secretary general, highlighted the role of the United States government in counterinsurgency campaign of the Philippine government.

Coincidentally, Aquino was on a five-day official trip to US during the commemoration of Martial Law in the Philippines.

“In the darkest periods of our history, there was the bloodied hand of the US government. The Marcos dictatorship was supported by the US. Even the Gloria Macapagal-Arroyo administration’s Oplan Bantay Laya was funded and promoted by the US military and US economic aid,” Reyes said.

Reyes described Aquino’s Oplan Bayanihan as “a template of the US Counterinsurgency Guide of 2009.”

“Our struggle for human rights is not isolated from our bigger fight for national liberation from foreign domination,” he said. “Until our institutions are governed by the same class, we can expect that human rights violations will continue and that we cannot achieve genuine justice.”

Karapatan’s Enriquez said the Filipino people should heed the most important lesson of the 14 years of struggle against the Marcos dictatorship, that is, to continue fighting without fear. (http://bulatlat.com)

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