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International lawyers call for the release of all political prisoners in the Philippines and the prosecution of human rights violators

ICHRP Secretariat
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International lawyers call for the release of all political prisoners in the Philippines and the prosecution of human rights violators

Dear Friends,

Pls. find attached and inline the statement of 2 international human rights lawyers organizations calling for the arrest and prosecution of Gen. Palparan, the filing of charges against former Pres. Arroyo and others for human rights violations, and the immediate release of political prisoners.

The International Association of Peoples’ Lawyers (IAPL), based in the Netherlands, was founded in 2000 and has members and observers in Europe, Asia, and South America. It is composed of human rights lawyers especially in countries where “imperialist oppression is most severe, the violations of human rights are most widespread, and the people’s struggle is most intense.”

The Progress Lawyers Network (PLN) of Belgium originated in 2003 as a network of progressive lawyers in Brussels, Antwerp and Ghent. It has defended union members and immigrants and engages in social law. It is a member of the International Association of Democratic Lawyers (IADL), an organization with members in 90 countries and has UN consultative status and is accredited at the UN Human Rights Council.

Other international rights lawyers groups from US (National Lawyers Guild), UK (Haldane Society of Socialist Lawyers), Japan (Japan Lawyers for International Solidarity and Action), France (Droit Solidarite’), and Canada (Lawyers Rights Watch of Canada), among others, have also manifested their intention to send statements and/or open letters to President Aquino on these matters in the next few days.

Thanks.

Edre Olalia
NUPL Secretary General

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Statement on Philippine human rights violations, on political prisoners
and on notorious rights violators like Gen. Palparan

The International Association of People’s Lawyers (IAPL), an organization of human rights lawyers committed to the protection and advancement of the basic rights of peoples throughout the world, calls for the release of all political prisoners in the Philippines and the prosecution of human rights violators.

IAPL had high hopes at the inauguration of the newly elected President Benigno “Noynoy” Aquino II: he could be the one to make an end to the extrajudicial killings, enforced disappearances and torture under the Arroyo administration. He could stop the impunity.

19 months later, IAPL sees no major change in politics: human rights violations continue to this day. The perpetrators have practically not been effectively investigated, charged and tried, let alone punished.

Yes, former President Arroyo was recently arrested for cases filed against her for electoral sabotage, plunder and graft and corruption. But the present government has not shown any concrete and firm step to make her former administration liable for human rights violations.

On the contrary, it is the victims, their relatives, human rights defenders organizations and their lawyers that have initiated and are doggedly pursuing cases in courts, at great risk and difficulty… with no help from the government other than its general rhetoric.

There are still 356 political prisoners in the Philippines and quite a number of them were illegally arrested through the improvident substitution of generic John or Jane Does without hearing.

The Aquino government should show its respect for human rights by taking concrete actions, instead of just speaking about it.

A first and necessary step is to free the political prisoners, to free the people detained and imprisoned for fighting against oppression and to struggling for fundamental changes, against a corrupt regime.

Impunity for human rights violators and punishment of those who have different political beliefs, that’s called plain injustice.

IAPL urges the Philippine government to

–       release all political prisoners in the Philippines, immediately and unconditionally;
–       take prompt action, to investigate and resolve administrative, civil and criminal cases against former President Gloria Arroyo and her top civilian, military and police officials led by retired Major General Jovito Palparan Jr. for serious human rights violations
–       leave no stone unturned in capturing and arresting Gen. Palparan and answer for his many crimes including the disappearance, torture and rape of 2 university students

3 February 2012

Utrecht, Netherlands
(Sgd.) Raf Jespers
IAPL Secretary General

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PROGRESS Lawyers Network of Belgium urges the Philippine government to release all political prisoners and to institute criminal and administrative cases against major human rights violators like former President Gloria Macapagal-Arroyo and fugitive retired General Jovito Palparan.

For many years PROGRESS Lawyers Network has been monitoring the human rights situation in the Philippines, and we have been taking firm position against the extrajudicial killings, disappearances, torture and other forms of human rights violations under the previous administration.

As a member of the International Association of Democratic Lawyers (IADL) we were present at the COLAP V Conference in Manila in 2010. The Manila Declaration stated: “The conference stressed the need to end impunity for perpetrators of human rights violations and supports efforts to insure that those governments and individuals responsible are held accountable.”

The newly elected President Aquino has not made any concrete step to do address the impunity even after 19 months in office. Only recently his administration has filed cases for electoral sabotage, plunder and graft and corruption against the former President Arroyo which resulted to her arrest and detention.

But the present government has not shown any serious step to make her former administration liable for human rights violations like extrajudicial killings, disappearances and torture. On the contrary, the same situation seems to continue.

The victims, their relatives, human rights defenders organizations and their lawyers have initiated cases in courts, at great risk and with many difficulties, on their own, with no help from the government.

President Aquino had appointed the previous chair of the Commission on Human Rights, Mrs. Leila De Lima, to be his Secretary of Justice. With all her expertise and her criticism against the human rights policy of the Arroyo administration, we had expected her to prosecute the main human rights violators. What is the Aquino administration waiting for?

While there is still impunity for former President Arroyo and retired General Palparan, 356 political prisoners are still detained. Against them, cases can be brought up quickly, charges can be false or improper, they can be arrested quickly and often illegally, even if they have not been heard properly and their case is only based on declarations of unidentified witnesses or confessions after being tortured. They are often incarcerated for years without a fair trial, because of their political beliefs.

We had expected more from President Aquino, whose father was a political prisoner himself.

PROGRESS Lawyers Network of Belgium calls for:
– the release of all political prisoners in the Philippines through a general, unconditional and omnibus amnesty; and
– prompt action, investigation and resolution of administrative, civil, criminal cases against former President Gloria Macapagal-Arroyo and her top civilian, military and police officials led by retired Major General Jovito Palparan Jr. for serious human rights violations
-immediate capture and arrest of Gen. Palparan and bring him to court for trial for the disappearance of university students Cadapan and Empeno, among others.

Brussels and Antwerp, Belgium

By:

(Sgd.) Jo Dereymaeker
(Sgd.) Lise Michielsen

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

Clearer, stronger and firmer directive from PNoy necessary for Palparan’s capture

ICHRP Secretariat
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Clearer, stronger and firmer directive from PNoy necessary for Palparan’s capture

Press Release – The statement issued by the New York-based international human rights group Human Rights Watch (HRW) that some military personnel and business owners are protecting retired Maj.  Gen. Jovito Palparan validates one of the lingering apprehensions of the victims’ families and human rights defenders as well as the general public at large.

“If true, then Palparan’s handlers and coddlers will have to be sued as shameless accessories,” Atty. Edre Olalia, Secretary General of the National Union of Peoples’ Lawyers, said in response to the HRW statement.  “They are not only condoning the heinous and beastly crimes he and his roving band are being charged with, but are perpetuating impunity,” Atty. Olalia added.

The arrest warrant against Gen. Palparan and three other military personnel was issued by the Malolos Regional Trial Court on December 19, 2011. After a month of manhunt by government law enforcement agencies and after a P1-million bounty has been put up for his capture, the actual whereabouts of the retired general are yet to be known. Palparan’s co-accused and sidekick M/Sgt. Rizal Hilario is also still at large.

“PNoy must pay more attention and give priority to the affairs of the state. The victims and families have been waiting for justice for the longest time. He should give a clearer, stronger and firmer directive as the supposed Commander-in-Chief to locate, arrest and hale Palparan to court,” Atty. Olalia said.

“There are prevalent doubts from the victims and their families whether the Pnoy administration itself has in fact made any serious, systematic and concrete effort  to initiate the effective and genuine investigation and prosecution of human rights violators of the past and the present. Meanwhile, several other victims will, on their own, persist to throw the book at Gen. Palparan and his kind for the most horrific rights violations,” Atty. Olalia added.

“The statement of Human Rights Watch forebodes the renewed alarm, concern and even frustration of international groups and the international community about the continuing impunity for rights violations in the country,” he pointed out.

The NUPL is the private prosecutor in the case of Kidnapping and Serious Illegal Detention against Gen. Palparan and his co-accused, involving the disappearance of UP students Karen Empeno and Sherlyn Cadapan. The NUPL is also the counsel of human rights victims Raymond Manalo, Oscar Leuterio, Melissa Roxas, Ericson Acosta, and the Morong 43 health workers, among others. #

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

Statement of Gary King of Amnesty International – USA Group 37 Minneapolis on being barred from visiting political prisoner Ramon Patriarca in Cebu

ICHRP Secretariat
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*The statement was drafted yesterday January 27, 2012 and Karapatan/SELDA were asked to release this to the media

Accompanied by Karapatan’s Mara Arcilla, today I and my daughter and son in-law were denied access to Ramon Patriarca at the Cebu Provincial Detention and Rehabilitation Center, in the hills above Guadalupe City in Cebu. Mara had called and was told that visitors could come between 1 PM and 3 PM, but at the gate, we were refused entry.

I showed them my “Amnesty International Leadership” card, and asked to meet with Ramon.  My card was taken inside, and shown to the warden.  The guard said that the Governor, Gwendolyn Garcia, had forbidden visitors to Ramon Patriarca.  Soon, I was told we could not see him.  I wrote a letter to the warden, explaining that in my life, ten times, I have never been refused permission to talk to a prisoner.  However, as I was writing it, a small truck left the prison, with the warden and assistant warden inside.  I waved to them, but they did not stop.   I sent my letter inside, with my card, and Mara explained that never before had prisoners been denied access by Karapatan or Amnesty International.  But the guard said nothing could be done.

In the paper this morning, we learned that Ramon was brought there.  He has started a hunger strike.  Prison authorities said that he was inciting regular prisoners to join the rebellion.

Gov. Garcia was quoted as saying that her prisons were “rebel free”.  Apparently this means that if brought to them, they will be incommunicado.

I don’t see why the Governor can do this.  These prisoners are only supposed to be held in civilian prisons.

Gary King, PhD
Leader AI-USA Group 37 Minneapolis

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PRESS RELEASE
January 28, 2012

Reference: Angie Ipong, Secretary General, SELDA (+63949-9587373)

RELEASE POLITICAL PRISONER RAMON PATRIARCA, RELEASE ALL POLITICAL PRISONERS! – SELDA

From Danao City Jail, a regular detention center, Ramon Patriarca, a political prisoner, a National Democratic Front of the Philippines consultant in the peace talks has been arbitrarily transferred to Camp Lapu-Lapu, the base of the Visayas Central Command (CENCOM), without  due notice to him and to his counsel.  After his court hearing in Cebu City yesterday, he was brought directly to Camp Lapu-lapu, these according to reports by Karapatan-Central Visayas.

“The transfer of Patriarca to military custody, to a facility where he was illegally detained, tortured and kept incommunicado for days after he was arrested on trumped up charges, smacks of deceit and ill-intent to silence political prisoners and in continuing to delay the resumption of peace talks,” said Angie Ipong, secretary general of the Samahan ng Ex-detainees Laban sa Detensyon at Aresto (SELDA).

Patriarca, an NDFP peace consultant, was abducted in February 2009 by elements of the AFP-Central Command based in Camp Lapu-lapu, where he was brought, tortured and held incommunicado for several days. He was later transferred to a regular jail facility after he, his family, lawyers and supporters protested. He is among the 13 NDFP consultants who remain in jail, even as the Philippine government has announced that they will facilitate the release of all if not most of the peace consultants to provide a more favorable atmosphere for the resumption of peace talks.

The bases cited for his transfer are as follows: first, for fear he will be rescued by alleged NPA comrades and second, that Patriarca is inciting his fellow inmates to rebel.

Ipong said “these are concocted accusations of paranoid minds because while they accuse Patriarca of such, they constantly brag about Cebu being cleansed of NPA presence and they neglect to mention the fact that the dire conditions in jail have been the main reasons why inmates conduct mass actions to air their grievances.”

“Like the 364 political prisoners who continue to languish in jail, Patriarca should in fact be immediately released and not kept in jail or under military custody, in the hands of his torturers,” Ipong concluded.

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The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) is an organization of former political prisoners in the Philippines. Founded on December 4, 1984, SELDA was initiated by newly-released political prisoners of the martial law period.  SELDA’s primary task is to work for the release of all political prisoners and to see to it that humane treatment of those who are still in detention are complied with by the Philippine authorities.  SELDA advocates justice for current and former political prisoners.  It calls for the mobilisation of resources in support of political prisoners, former detainees and their families.  It carries out legislative advocacy for the indemnification and rehabilitation of political prisoners. SELDA goes into partnership and builds solidarity with concerned individuals and groups for the freedom and welfare of political prisoners and all victims of tyranny.
SELDA National Office: 2/F, Erythrina Bldg., #1 Maaralin corner Matatag Streets,
Brgy. Central District, Diliman, Quezon City 1101, Philippines
Tel: 632-4342837 Fax: 632-4354146
Email: selda.phils@gmail.com, selda_phil@yahoo.com.ph
Web: www.seldapilipinas.wordpress.com

Who’s afraid of Ramon Patriarca?

ICHRP Secretariat
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Dear friends,

On January 25, Ramon Patriarca (arrested and held incommunicado for two weeks, discovered tortured after our Central Visayas team found him in a police station in 2009), NDFP peace consultant, was brought to a Cebu court for the hearing of Patriarca’s countercharges against his torturers.  From late 2009 up to january 25, Patriarca was incarcerated at the Danao City jail. While at the Danao City Jail (located in Cebu), Patriarca – being formerly the TFD regional coordinator of Cebu during the martial law days – helped the common criminal detainees in their legal cases, set up alternative literacy classes inside prison, and led several hunger strikes to upgrade prison conditions.  These actions led to having the detainees’ meal allowance upped from P50/day to P80/day; some of the common criminal detainees were released and of course, many of them were able to read and write.  These developments did not sit well with the present governor and the military, both of them having declared earlier that Cebu is insurgency-free.

So, on Jan. 25, after Patriarca’s hearing, the police did not bring him back to the Danao City jail but instead he was brought to the military camp of the AFP central command, where he was brought and tortured during his arrest in 2009, purportedly with an order coming from the court.  Patriarca and his counsel were not informed nor were they able to have the copy of the court order when he was transferred.  We came out with statements condemning this treacherous, sureptitious effort to sneak him out of the Danao City jail so he was brought instead to the Cebu Provincial Detention and Rehabilitation Center (CPDRC), with the AFP declaring that their stockade is still being readied for him and he will be brought back to their camp this week.

Our team in Cebu tried to visit him at the CPDRC, even an Amnesty International-USA representative was not able to visit him and now even the family is not allowed.  Patriarca conducted his own humger strike inside the jail to protest this violation.  We are worried about his condition, so we pray that you write letters to the authorities condemning this act against Patriarca’s right.

Thank you very much.

Best regards,

Marie Hilao-Enriquez
KARAPATAN

Palparan Counsel’s Claim That Victims Still Alive, Cruel and Insensitive

ICHRP Secretariat
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Palparan Counsel’s Claim That Victims Still Alive, Cruel and Insensitive

Press Release – Counsel Runs Risks of Being Responsible for Coddling a Fugitive and for Obstruction of Justice

In today’s hearing in the case of the disappearance of UP students Karen Empeno and Sherlyn Cadapan, Atty. Narzal Mallares, one of Palparan’s lawyers, revealed in open court that Ret. Maj. Gen. Jovito Palparan has been communicating with him every now and then.

“Palparan’s lawyer is risking charges of coddling a fugitive and for obstruction of justice by harbouring and not disclosing his whereabouts even if he claims that he has contact with him,” said Atty. Edre Olalia, one of the Private Prosecutors from the National Union of Peoples’ Lawyers (NUPL) handling the case, echoing the manifestation of the Public Prosecutors from the Department of Justice (DoJ).

In another breath, with his authority to represent Palparan questioned by the prosecutors as not evidenced by his client’s conformity, Palparan’s purported co-counsel, Atty. Jesus Santos, claimed that it was Palparan’s family and relatives who spoke with him to get him to represent the fugitive general.

And just when the judge was about to adjourn the hearing and to the surprise and chagrin of the prosecutors, Atty. Santos gratuitously claimed in open court and in the presence of Erlinda Cadapan, the mother of one of the victims Sherlyn, that he was informed by “some sources” that the two UP students were still alive. He concluded that, with his disclosure, there is no basis for the charges against Palparan.

But Atty. Santos refused to give any details and other information on this “revelation” even after the private prosecutors were coaxing him to do so.

“The bare and belated allegation of his purported co-counsel that the victims are still alive raised mixed feelings, at the very least” said Atty. Olalia. “If false, it is an insensitive, cruel and irresponsible claim designed to confuse and raise false hopes. It could be a cheap shot to incorrectly undermine the charges. But if true, which is good, it raises even more questions though,” Atty. Olalia added.

The charges against Maj. Gen. Palparan and three other military personnel are Kidnapping and Serious Illegal Detention. “The revelation of Atty. Santos will not have any legal effect to the charges already filed in court to bring the perpetrators to justice,” Atty. Olalia maintained. “Produce the students!,” he demanded. #

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

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