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Denial of bids to junk damages suits against Arroyo for rights violations paves the way for confirming truth and accountability in court

ICHRP Secretariat
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Denial of bids to junk damages suits against Arroyo for rights violations paves the way for confirming truth and accountability in court

Press Release: 18 June 2012 – The National Union of Peoples’ Lawyers (NUPL), counsel of several human rights victims today noted  a significant initial victory in the efforts to stop impunity – a trial judge has kept former President Gloria Arroyo and her top military and police officials as defendants in a damages case filed by the Morong 43 health workers.

“This gives somehow a flicker of hope to all rights victims who have been waiting for justice for the longest time. This ruling should encourage other victims to come forth, present their valid claims and can be a precedent in future cases against state violators,” said NUPL secretary-general Atty. Edre U. Olalia.

Judge Ma. Luisa Padilla of Quezon City Regional Trial Court Branch 226 has recently denied motions by Arroyo and former Armed Forces Chief of Staff Gen. Victor Ibrado and Gen. Delfin Bangit, who claimed they had no direct participation in the incident, to dismiss the civil action brought by the Morong 43. Earlier, a similar motion to dismiss a damages suit filed by members of the United Church of Christ of the Philippines against Arroyo was denied by QC RTC Branch 224 under Judge Marilyn Villardon.

“All of the defendants have in one way or another, enabled the policy of picking up civilians, sowing terror, threatening dissidents, torturing, abducting  and even killing political activists in the guise of ‘anti-insurgency’. We are relieved that the Court is finally allowing that this well-known fact be established judicially, as this is the core of countercharges against state-backed human rights violations,” said Atty. Olalia.

The Morong 43 civil case filed way back in April 2011 will have to proceed to mediation proceedings on 6 July 2012. Other defendants are former National Security Adviser Norberto Gonzales, former 2nd Infantry Division chief Maj. Gen. Jorge Segovia, Col. Cristobal Zaragosa, Maj. Manuel Tabion, Gen. Aurelio Baladad, Lt. Col. Jaime Abawag, Supt. Marion Balolong and Supt. Allan Nubleza. Segovia, Zaragoza and Baladad have since been promoted despite a string of rights violations cases against them. The presence of parties is mandatory in mediation proceedings.

Six of the Morong 43, a group of doctors, nurses and health workers wrongly detained for ten months in 2010, are seeking P15 million in total damages from their captors, the AFP leadership, and the former president for illegally arresting them, implementing the faulty search warrant, and inflicting harm and  torture. They have also filed a criminal complaint for torture against the same defendants before the Department of Justice last May.

Mrs. Arroyo told the Court that the complaint was one “against the Philippine Government’s implementation of its national security plan” and not specifically against her. She claimed that there was no act, duty or omission that could be pinned to her, and that her role in the entire affair was “incidental”. The two generals, meanwhile, said that they held no specific control over the joint army and police unit that arrested the Morong 43.

“While the Court believes that Arroyo cannot simply escape accountability by desperately citing incongruous arguments, still we are a long way from justice,” said Atty. Olalia.

The generals accused the plaintiffs of forum-shopping since a similar case before the Commission on Human Rights is pending, but the Court said that the natures of the suits and the tribunals are dissimilar.

The NUPL is also counsel of the mothers of missing university students Sherillyn Cadapan and Karen Empeno in the criminal case against fugitive Gen. Jovito Palparan et. al.,  and torture and disappearance survivors farmer Raymond Manalo and Fil-Am activist Melissa Roxas. It has recently accepted the request to be co-counsel in the criminal case for the disappearance of farmer-activist Jonas Burgos.#

Reference: Atty. Edre U. Olalia, NUPL Secretary General, +639175113373
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National Secretariat
National Union of Peoples’ Lawyers(NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon City, Philippines
Tel.No.920-6660,Telefax No. 927- 2812
Email addresses:nupl2007@gmail.com and nuplphilippines@yahoo.com
“Visit the NUPL  at http://www.nupl.net/

By calling yourselves the ‘people’s lawyer,’ you have made a remarkable choice. You decided not to remain in the sidelines. Where human rights are assaulted, you have chosen to sacrifice the comfort of the fence for the dangers of the battlefield. But only those who choose to fight on the battlefield live beyond irrelevance.”  Supreme Court Chief Justice Reynato S. Puno, in his message to the NUPL Founding Congress,Sept. 15, 2007

European Parliament supports calls from concerned NGOs and people’s organizations to end impunity in the Philippines now

ICHRP Secretariat
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European Parliament supports calls from concerned NGOs and people’s organizations to end impunity in the Philippines now
The Philippine UPR Watch, after successfully lobbying different country missions in the recently concluded Universal Periodic Review (UPR) of the Philippines in Geneva, proceeded to meet with representatives of the Sub-committee on Human Rights of the European Parliament (DROI) in Brussels, Belgium (06 June 2012).

 

DROI Vice Chairperson Andrzej Grzyb, after listening to the presentations of Marie Hilao-Enriquez (KARAPATAN Chairperson and co-head of the Philippine UPR Watch delegation), Jacquiline Ruiz (Children's Rehabilitation Center), Beverly Longid (Katribu President and Cordillera People Alliance representative to the UPR Watch), and Bai Ali Indayla (KAWAGIB and Moro-Christian People's Alliance representative to the UPR Watch), personally committed to put the Philippines in the agenda of the sub-committee, and looks forward to continuing dialogue and exchange of views regarding the specific issues raised

 

*The Philippine UPR Watch is an alliance of non-government organizations in the Philippines committed to the monitoring, documenting and reporting of the state of compliance of the government of the Philippines to human rights standards. Its member organizations comprising of: Karapatan (Alliance for the Advancement of People’s Rights), Hustisya!, Desaparecidos, National Council of Churches in the Philippines, Bagong Alyansang Makabayan or BAYAN (New Patriotic Alliance), IBON Foundation, Children’s Rehabilitation Center, Moro-Christian People’s Alliance, United Church of Christ of the Philippines, Kalipunan ng Katutubong Mamamayan sa Pilipinas (National Alliance of Indigenous Peoples’Organization in the Philippines), Promotion of Church People’s Response, Ramento Project for Rights Defenders, Cordillera People’s Alliance, Initiatives for Peace in Mindanao and the National Union of Peoples’ Lawyers, is committed  to advance, protect and defend human rights in the country

Please find in the links below, resolutions filed and adopted by members of the European Parliament, calling for an end to impunity in the Philippines:

Final text adopted 14 June: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-2012-0264&language=EN

Motion initiated by of the Verts/ALE groep and DROI Chairperson Barbara Lochbihler:
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+MOTION+B7-2012-0331+0+DOC+XML+V0//EN
Joint motion with other political parties/MEPs: http://www.europarl.europa.eu/sides/getDoc.do?type=MOTION&reference=P7-RC-2012-0308&language=EN

 

 

New Chief Justice must have the people’s trust

ICHRP Secretariat
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New Chief Justice must have the people’s trust

Press Statement: June 16, 2012 – Amidst the beeline for the post and the impending closure of nominations, the National Union of Peoples’ Lawyers (NUPL, a nationwide group of human rights lawyers, reiterated that  the next Chief Justice of the Supreme Court of the Philippines must have the trust of the people.

“Whether young or senior, man or woman, insider or outsider, old hand or upstart, what really matters ultimately is that the new Chief Justice should be able to inspire the trust, confidence and respect of the bar, the bench and most importantly, the general public that has been cynical and frustrated with our justice system for the longest time,” said NUPL secretary-general Atty. Edre U. Olalia. NUPL emphasized that the new Chief Justice must be pro-people and the undisputed champion of human rights.

NUPL noted that the Chief Justice is the only head of a branch of government that is appointed by one person. The head of the Executive, the President, is elected at large, while the heads of the Legislative, the Senate President and the Speaker of the House, are selected by their peers.

“One clear lesson from previous administrations is the danger a political and politicized court poses to our democracy. A Chief Justice, and worse, a Supreme Court that caters to personal or partisan rather than public interests chips away at the foundations of social equality and weakens social justice,” Atty. Olalia added.

“The new Chief Justice must not be a sycophant at any time. He or she should not be or turn out to be an adjunct of the Palace serving a new master this time. To be truly independent, the blurring lines of separation of powers must be rectified even as he or she must not be oblivious to social realities and the public interest.”

NUPL also said that those groveling and salivating for the position should ipso facto be disqualified outright. “We reiterate that we are looking for a dignified statesman, not a politician. Candidates for the position must have unassailable character, and pass the stern standards already set by law,” said Atty. Olalia. Section 7 (1) of Article VIII of the 1987 Constitution cites the character qualifications of a Justice of the Supreme Court: competent, independent, and with integrity and probity. In the process of confronting deep-seated problems with the legal system, the new Chief Justice is further expected to display intellectual prowess and conscientious scholarship.

He or she must have the necessary grit and determination to effect immediate reforms, including, among others: upholding and applying consistently the doctrine of political offenses by enjoining the charging of proper crimes or striking down the filing of false charges; stopping the abusive practice of mechanical substitution of real names for generic John/Jane Does in informations and warrants of arrest, and dismissing cases resulting from this; abandoning or reversing the Marcosian doctrine Ilagan v. Enrile that will make the writ of habeas corpus effective and useful; reforming and revising the remedy of the writ of amparo to foreclose obstacles and loopholes to its affectivity ; expediting the resolution of cases against human rights violators; studying the creation of special human rights courts to exclusively try and dispose of civil and criminal cases of human rights violations and implementing a special procedure for such purpose to make legal remedies simple, expeditious and accessible; and addressing the slow grind and unduly prolonged and cumbersome legal process.

In closing, the NUPL said “The Supreme Court cannot be the instrument of those who flout, bend, or violate the law. It cannot be the fortress of the powerful and the mighty. Instead the Supreme Court, under a Chief Justice that has moral authority, must give justice in equitable measures, and with particular consideration for the poor and underprivileged, dispelling the jaded yet grounded view that those who have less in live actually have lesser in law.#

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

National Secretariat
National Union of Peoples’ Lawyers(NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon City, Philippines
Tel.No.920-6660,Telefax No. 927- 2812
Email addresses:nupl2007@gmail.com and nuplphilippines@yahoo.com
“Visit the NUPL  at http://www.nupl.net/

By calling yourselves the ‘people’s lawyer,’ you have made a remarkable choice. You decided not to remain in the sidelines. Where human rights are assaulted, you have chosen to sacrifice the comfort of the fence for the dangers of the battlefield. But only those who choose to fight on the battlefield live beyond irrelevance.”  Supreme Court Chief Justice Reynato S. Puno, in his message to the NUPL Founding Congress,Sept. 15, 2007

CHRP UK open letter to President Aquino on his UK visit

ICHRP Secretariat
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5 June 2012

Dear President Aquino,

We are writing to you from the UK-based Campaign for Human Rights in the Philippines (CHRP) on your visit to this country. CHRP UK recently attended the Universal Periodic Review (UPR) on the Philippines in Geneva last 29 June 2012 as an official delegate to the UPR Watch, a contingent of more than 10 civil society groups from the Philippines, and as a member of the International Coordinating Committee on Human Rights in the Philippines, a global network of human rights organisations.

We note from the GRP’s report a showcase of steps being taken to address human rights issues in the country such as the ratification of an “Anti-Torture Act” and discussions on the bill to enact the “Involuntary Disappearance Act.” While these are welcome developments, we are still largely concerned that the core issues of accountability, transparency and speedy justice are still left unanswered if we are to consider the very low conviction rate of perpetrators, the failure of the government to press charges and arrest those suspected of rights violations, and the effects of the Oplan Bayanihan program on community activists, church workers, journalists, lawyers, trade unionists and other human rights advocates in the country. We are also concerned with economic partnerships being forged between the UK and Philippines, which is one of the key aims of your visit, with current UK investments in the Philippines already casuing human rights abuses, such as the proposed mining project of Xstrata in Tampakan, where a recent fact finding mission saw increased militarization in the area and other rights infringements against tribal communities.

We support the country missions’ recommendations during the UPR to completely eradicate extrajudicial killings, enforced disappearances and all forms of human rights violations by taking decisive steps to hold accountable suspects of these ongoing cases, such as the call to arrest the fugitive Gen. Jovito Palparan, a primary suspect for the abduction of the two student activists who, to date, is still at large and nowhere to be found. We also back the endorsement of sending of Special Rapporteurs in the Philippines to further conduct impartial investigations on these human rights abuses cases, especially those involving state forces. CHRP UK will monitor these recommendations and will be continuing to raise awareness within the UK and international community that these steps are undertaken.

To date, there are already over 70 reported cases of extrajudicial killings since your government took office. There are still thousands of cases where families are seeking justice. We demand that you implement findings of the UPR to finally end the culture of impunity which allows these gross human rights violations to take place. We look forward to your response as regards measures you will take to address these issues.

Yours sincerely,

(sgd)
Rev Canon Barry Naylor
Honorary President
Campaign for Human Rights in the Philippines
Urban Canon and Parish Priest of the Abbey and Holy Spirit Ministries, Leicester

Karapatan calls on Congress to make AFP accountable for continuing rights abuses, to produce Palparan

ICHRP Secretariat
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Karapatan calls on Congress to make AFP accountable for continuing rights abuses, to produce Palparan

Karapatan Public Info Desk, Press Statement, June 6, 2012 – Human rights group Karapatan today held a picket at the gates of the House of Representatives as Congress resumed its probe on rights violations under the Aquino government, this time with the military testifying on several cases they were allegedly involved in.

Cristina Palabay, Karapatan spokesperson, called on members of the Human Rights Committee in Congress to hold the Armed Forces of the Philippines (AFP) accountable for the continuing rights violations in the country, contrary to its claims that the AFP was not involved in any rights violations cases in the first four months of 2012.

“Such braggadocio of the AFP bespeaks of their propensity to sow lies and, at the same time, terror on the people. Noynoy Aquino and the AFP however could no longer hide the fact that extrajudicial killings, enforced disappearances, torture and other rights abuses continue with impunity in the country. The international community has already spoken as 23 UN member countries expressed their concern and alarm on the human rights situation in the country during the recent Universal Periodic Review (UPR) on May 29,” she commented. Palabay was among the 15 delegates of the Philippine UPR Watch who lobbied, monitored and conducted activities on the UPR in Geneva, Switzerland.

Palabay also pointed out that the Aquino administration did not readily accept the recommendation of several foreign missions during the UN rights review to immediately disband paramilitaries, militias and private armies by revoking Executive Order 546, an Arroyo-issued decree institutionalizing the said state security forces as “force multipliers” purportedly to address insurgency and the peace and order situation in the country. Karapatan said the order has given free reign and legitimacy for paramilitaries and the AFP to commit grave acts of rights violations such as the Maguindanao massacre.

“Aquino and the AFP have promoted and continued the use of paramilitary forces such as the CAFGU and the Special Citizens Active Auxiliary (SCAA) aside from its regular force, in protecting big business interests and in sowing fear among the people. The SCAA has been involved in a number of rights violations cases such as the killing of Lumad leader Jimmy Liguyon who opposed the entry of mining companies in their ancestral lands,” she stressed.

The government, according to Palabay, has to take concrete measures to end impunity. “For one, the government must arrest Palparan and bring him to jail; Gloria Arroyo should also be made to answer for the thousands of cases of rights violations that were committed under her Oplan Bantay Laya. More importantly, the government must cease to implement Oplan Bayanihan which causes not only killings and disappearances but also the displacement of people from the communities because of intense military operations,bombings, strafing and indiscriminate firing. Aquino should likewise order the immediate disbandment of all paramilitary groups and the pull out of military troops in civilian communities,” she said.

Today’s hearing is the second conducted by the Committee based on several House resolutions filed by progressive partylist representatives Neri Colmenares and Teddy Casiño (Bayan Muna), Rafael Mariano (Anakpawis), Antonio Tinio (ACT), Raymond Palatino (Kabataan), Luz Ilagan and Emmi de Jesus (Gabriela Women’s Party). The first hearing was conducted in March which, covered cases of extrajudicial killing, arrests and detention, torture, threats, harassment and vilification by the Armed Forces of the Philippines, specifically in Northern and Central Luzon and the National Capital regions. Witnesses, survivors and families of the victims of rights violations testified during the said hearing.#

Reference: Cristina Palabay, Spokesperson, +639175003879
Angge Santos, Media Liaison, +63918-9790580

PUBLIC INFORMATION DESK
publicinfo@karapatan.org
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Alliance for the Advancement of People’s Rights
2nd Flr. Erythrina Bldg., #1 Maaralin corner Matatag Sts., 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.

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