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Karapatan to P-Noy and AFP: Bring out and Jail Palparan

ICHRP Secretariat
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Karapatan to P-Noy and AFP: Bring out and Jail Palparan

Media Release, April 20, 2012 – Karapatan spokesperson and End Impunity convenor Cristina Palabay today said that “with the recent Order of the Malolos Regional Trial Court denying Gen. Jovito Palparan’s  Omnibus Motion for preliminary investigation, to quash/recall the warrant of arrest, hold departure order, and to suspend proceedings, it is more incumbent now on Pres. Noynoy Aquino and the Armed Forces of the Philippines (AFP) to bring out Palparan from hiding, and immediately arrest and prosecute him and M/Sgt. Rizal Hilario.”

Karapatan today received a copy of Malolos RTC’s Omnibus Order dated April 3, 2012. With this Order, the Malolos RTC has set the arraignment of accused Lt. Col. Felipe Anotado, Jr. and S/Sgt. Edgardo L. Osorio on April 23, 2012. Palparan could not be arraigned until he surfaces from hiding and submits himself to court proceedings. “The burden of going after human rights violators and criminals such as Palparan lies on Aquino and the AFP, lest they be accused of coddling rogue fugitives,” said Palabay.  It has been four months since Palparan went to hiding to prevent arrest and detention.

“While it is so easy for the government to promote torturers of the 43 health workers such as Col. Cristobal Zaragosa, Lt. Gen. Jorge Segovia, and Brig. Gen. Aurelio Baladad, we wonder what is taking the government so long in arresting and prosecuting these rabid rights violators?” commented Palabay.

Palabay concluded that, “with the prevalent state of impunity in the country, where the moneyed and powerful are insulated from accountability, it comes as no surprise if the protectors and coddlers of Palparan come from the AFP itself.” ###

Reference: Cristina “Tinay” Palabay, 09175003879, Angge Santos, 09189790580
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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.

On the ninth death anniversary of Eden Marcellana and Eddie Gumanoy, families still cry for JUSTICE! Implement UNHRC resolution on the Marcellana-Gumanoy case and find and punish Palparan—Karapatan

ICHRP Secretariat
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On the ninth death anniversary of Eden Marcellana and Eddie Gumanoy, families still cry for JUSTICE! Implement UNHRC resolution on the Marcellana-Gumanoy case and find and punish Palparan—Karapatan

Media Release, April 20, 2012 – On the ninth year of Eden Marcellana and Eddie Gumanoy’s killing, Karapatan echoed the  call of the victims’ relatives and people’s organization for the P-Noy government to implement the recommendations of the United Nations Human Rights Committee (UNHRC) and seriously find and jail former Major Gen. Jovito Palparan, Jr. who is responsible for the death of the two. At the time of their death in April 2003, Marcellana was secretary general of Karapatan-Southern Tagalog Region while Gumanoy was chairperson of Katipunan ng Samahang Magbubukid sa Timog Katagalugan (Kasama-TK), a regional peasant alliance.

Marcellana and Gumanoy led an 11-person fact finding mission to look into a report of a human rights violation case in Gloria town in Mindoro, Occidental. After the mission they were waylaid by soldiers along the road and took Gumanoy and Marcellana and three others separately on April 21. The next day, the bodies of Gumanoy and Marcellana were found in a ditch in Bansud, Mindoro Occidental. The Butcher was then the commanding officer of the 204th Brigade of the Philippine Army in Mindoro.

According to Marie Hilao-Enriquez, chairperson of Karapatan, the Department of Justice (DOJ) “dismissed three times the preliminary investigation of the murder case we filed against former General Jovito Palparan, Jr., M/Sgt. Donald Caigas, M/Sgt. Rizal Hilario and others who were named and identified by survivor-witnesses in the killing of Marcellana-Gumanoy. These perpetrators and fugitives are the same triumvirate charged with kidnapping and illegal detention of Karen Empeño and Sherlyn Cadapan.”

The dismissal of the case at the level of the Department of Justice prompted the relatives of both Marcellana and Gumanoy to file a complaint in the UNHRC in March 2006. The victims’ relatives were represented by Marie Hilao-Enriquez and lawyer Edre Olalia of the International Association of People’s Lawyers (IAPL). On October 30, 2008 the UNHRC released its decision “finding the Arroyo government guilty of violating the right to life, right to liberty and security of persons and the rights of violated persons to effective remedies of the victims.”

Karapatan said that the Philippine government boasts of its being a signatory to the International Covenant on Civil and Political Rights (ICCPR). The Committee,  which monitors States’ compliance with ICCPR, found the Philippine government “under an obligation to provide the authors [complainants] with an effective remedy, including initiation and pursuit of criminal proceedings to establish responsibility for the kidnapping and death of the victims.”  It also ordered the Philippine government to: “take measures to ensure that such violations do not recur in the future”; “provide the complainants appropriate compensation”; and “submit, within 180 days (from October 2008), information about the measures taken to give effect to the Committee’s resolution.”

“But after 1277 days, a new president and hundreds more of victims of extrajudicial killings, the government has yet to act on the Views of the UN Human Rights Committee on the killing of Eden Marcellana and Eddie Gumanoy. We have exhausted all legal remedies here and abroad. The long delayed justice to the victims of rights violations could have given this government the impetus to seriously act on the rights violations cases; but it could not even find and jail  the fugitive human rights violator. Justice for the victims of rights violations remains elusive under the P-Noy administration as it was during GMA’s regime.  Thus, impunity continues to this day and the vicitms’ list becomes longer by the day,” concluded Hilao-Enriquez.  ###

Reference: Marie Hilao Enriquez, 09175616800, Angge Santos, 09189790580

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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
———————————————————————
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.

P-Noy resorts to arrests of John/Jane Doe’s to criminalize political activities—Karapatan

ICHRP Secretariat
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P-Noy resorts to arrests of John/Jane Doe’s to criminalize political activities—Karapatan

Karapatan Public Info Desk, Media Release, April 18, 2012 –   Karapatan expressed outrage over the successive arrests of Renante Gamara, a consultant of the National Democratic Front (NDF) and Alex Arias, a leader of peasant group PUMALAG, in Southern Tagalog. Both are now detained on charges of kidnapping and double murder. Gamara was arrested by the Criminal Investigation and Detection Group (CIDG) on April 3 and, after four days, on April 7, Arias was abducted and surfaced by the 1st Infantry Battalion-Philippine Army after six days of captivity.

Cristina Palabay, Karapatan spokesperson said that, “the two were arrested and detained on the basis of an amended warrant of arrest which lists 36 aliases without any distinguishing descriptions for each of the aliases written. Anyone could be arrested on trumped up charges when you have a warrant of arrest such as the one used to arrest Gamara and Arias.”

She pointed out that the original warrant of arrest that was issued on February 25, 2011 did not have the name of Renante Gamara but only a certain “Ka Mike”. “In the amended warrant of arrest issued last March 23, 2012, that certain ‘Ka Mike” became “Ka Mike  Gamara/Renante Gamara. It’s sheer abuse of authority. Anybody could be apprehended and detained by simply attaching an activist’s name on one of the aliases written on the warrant of arrest,” said Palabay.

Alex Arias’ name on the other hand was included in the original warrant of arrest along with another detained NDF consultant, Tirso Alcantara. Arias is a National Council member of the Kilusang Magbubukid ng Pilipinas.

“Human rights workers and lawyers have long protested the practice of issuing warrants with aliases or John/Jane Doe’s. In fact, the Department of Justice already issued Circular No. 50 in October 1999 stating that appropriate description must accompany a particular John/Jane Doe to distinguish one from the other. But until now, the practice continues and is abused by the government to illegally arrest and silence leaders and members of progressive organizations,” said Palabay.

Karapatan calls on the government to “stop arbitrary and illegal arrests and detention and the practice of criminalizing political offenses to cover up political persecution,” concluded Palabay.

Reference: Cristina “Tinay” Palabay, 09175003879/Angge Santos, 09189790580

——————————————————————–
PUBLIC INFORMATION DESK
publicinfo@karapatan.org
——————————————————————–
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.

Stop Enforced Disappearances! April 19 – Commemorating the 51st Birthday of James Balao, Desaparecido

ICHRP Secretariat
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Stop Enforced Disappearances! April 19 – Commemorating the 51st Birthday of James Balao, Desaparecido


Missing the Disappeared
If by chance you were there when it happened
I wish you did not shut your eyes as you would when lightning strikes
I would want you to remember how he looked
How he reached out in silent horror for you to
Memorize details of the moment
Because he knew it would come to this
Searching is a giant question mark
That hooks the nerves and curses the dark and unknown
It cannot be that he remains just a name
With a fact sheet attached
He  has to be somewhere breathing reaching
For the chance to be with us again.

– By Luchie Maranan

On April 19, 2012, James Balao will turn 51 years old.  It has been 1312 days since he became a victim of enforced disappearance.

James Balao, a founding member of the Cordillera Peoples Alliance, was abducted by State security forces on the morning of September 17, 2008 in Tomay, La Trinidad, Benguet.  He is among the 205 victims of enforced disappearance from 2001- June 2010 with the implementation of  Operation Plan Bantay Laya (Operation Plan Freedomwatch) of the Philippine government  under former President Gloria Macapagal-Arroyo.

His family, friends, the Cordillera Peoples Alliance, the Cordillera Human Rights Alliance and his colleagues continue to search for him. More than 9000 postcards  and letters to President Benigno Aquino III have been sent to call his attention to the case and the issue of enforced disappearances in the country.

Tomorrow, April 19, the Balao family, the Cordillera Peoples Alliance and the Cordillera Human Rights Alliance, James’ friends and colleagues will gather at 5:30 in the afternoon at the Baguio Cathedral grounds.   51 candles for James will be lit to call on the government to surface James and stop enforced disappearances in the country.

We enjoin groups who have been part of the campaign to urge the Philippine government to surface James Balao to hold solidarity actions within the month of April to commemorate his birthday and to remind the Philippine government of its human rights obligations and accountability.

SURFACE JAMES BALAO!
STOP ENFORCED DISAPPEARANCES!
END IMPUNITY!
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cordillera human rights alliance
55 ferguson road,baguio city, philippines
telefax: +63. 74. 443. 7159
telephone:  +63 74 304 4239
cp:  +63 918 919 9007
email: chra.karapatan@gmail.com

PNoy unfeeling, numb and insensitive to Morong 43 and other rights victims, pats on the back rights violator by promotion and awarding new post

ICHRP Secretariat
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PNoy unfeeling, numb and insensitive to Morong 43 and other rights victims, pats on the back rights violator by promotion and awarding new post

NUPL News Release: April 12, 2012 – “Unbelievably insensitive, if not unfeeling and numb.” This was how the National Union of Peoples’ Lawyers (NUPL) through its Secretary General Atty. Edre Olalia described the designation by President Benigno Aquino III of 10th Infantry Division chief Maj. Gen. Jorge Segovia as commander of the Davao City-based Eastern Mindanao Command (Eastmincom) of the Armed Forces of the Philippines (AFP). The new post promotes him to the next rank of lieutenant general.

Segovia headed the Army’s 2nd Infantry Division in Tanay, Rizal  that figured in the controversial arrest of the so-called Morong 43 in February 2010 during the time of his principal, rights violator herself, former President Gloria Arroyo. He had publicly and boastfully defended his actions and that of his men despite incontrovertible evidence of unbridled rights violations.

“PNoy’s cavalier move indubitably insults and spits on the still fresh wounds of the victims who were illegally arrested, detained and systematically tortured under Segovia’s command,” said Atty. Olalia. Segovia is a member of Philippine Military Academy (PMA) “Mapitagan” Class of 1980. The group has adopted Aquino’s four sisters – Pinky, Viel, Balsy and Kris – as honorary members or “mistah.”

“A year after a damages suit was filed in court by the health workers for their harrowing experience, it seems that the wheels of justice have not only stalled but have grinded backwards. The Morong 43 health workers will not take the awarding of a new post to Segovia sitting down and will continue to seek his accountability.” The P15-million civil complaint for damages was filed by members of the Morong 43 on April 5, 2011. Aside from Segovia, the respondents in the case include former President Arroyo, former Defense Secretary Norberto Gonzales, Gen. Victor Ibrado, and Gen. Delfin Bangit.

Months after summons have been issued in the case by a Quezon City court, several respondent military personnel and police officers in the damage suit remained officially unnotified of the charges with the lethargic if not deliberate non-cooperation of the AFP and the Philippine National Police who feign ignorance of their present assignments o even existence in their roster. The civil case is facing all sorts of procedural obstacles and peripheral issues.

“It taunts and ridicules human rights victims. And it only validates the criticism that there is no real internal mechanism to discipline and make accountable those military officers within the AFP that are accused of human rights violations.”

Aside from the civil case, a complaint with the Commission on Human Rights (CHR) filed by the health workers while they were still detained remains pending and unresolved with the rights body . “With the pendency of a CHR complaint clearly not a bar to promotion contrary to existing rules just like during the time of Ret. Maj. Gen. Jovito Palparan, Segovia might very well be another Frankenstein or monster in the mold of spineless fugitive Palparan,” Atty Olalia said. And images of Pres. Arroyo publicly extolling Palparan come to the fore as this is akin to giving Gen. Segovia not only a pat at the back but a premium license to take legal shortcuts, he added.

A criminal complaint for torture for Gen. Segovia and several others had been ready for quite some time and is just awaiting finalization and formal filing through the NUPL, the legal counsel of the Morong 43 together with the Public Interest Law Center (PILC).

“The utter insensitivity of the administration to the grievances of the Morong 43 victims speaks a whole heap about the attitude of PNoy with respect to upholding human rights – indifferent, benighted and complacent,” Atty. Olalia said. “With Segovia’s promotion, a military officer responsible for rights violations is not only left to wander at will but rewarded with undeserved professional advancement. Practically nothing has changed and the system that bred impunity during the Arroyo regime is still in place. Years from now, when another Palparan would rear its ugly head and become almost uncontrollable, we will not relish saying, “we told you so, “Atty. Olalia added. #

Reference: Atty. Edre U. Olalia, 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

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