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Aquino’s disturbing indifference

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We at the Campaign for Human Rights in the Philippines in the United Kingdom are deeply concerned with the Philippine government’s seeming lack of interest on reported irregularities and rights abuses in the arrest and continued illegal detention of Filipino artist Ericson Acosta.

Acosta was arrested without warrant on Feb. 13, 2011 in San Jorge, Samar, in an upland militarized village where he was conducting research on the local human rights and environmental situation in the region. In his counter-affidavit, Acosta said he stayed in a military camp for three days where he was interrogated and tortured for 44 hours straight. He was charged with illegal possession of explosives to justify his illegal arrest. He is currently detained at the Calbayog sub-provincial jail, where troopers from the 8th Infantry Division of the Philippine Army has camped out within jail premises, thus keeping up the harassment and intimidation that Acosta, his family and visitors have been subjected to.

Acosta has complained about this and appealed his case directly to visiting local officers of the  Commission on Human Rights (PCHR) in the Eastern Visayas. These PCHR officials saw with their own eyes the highly irregular military deployment inside a civilian detention facility. However, the PCHR has not made any report public, and it has neither publicly condemned these rights abuses.

A petition for review which cites serious irregularities and rights abuses was filed by Acosta’s counsel, the National Union of Peoples’ Lawyers (NUPL), before the Department of Justice in September 2011. Acosta’s complainants have failed to file any comment on this petition. Without such opposition, the review petition should have been resolved within 60 days. However, the DOJ has issued no resolution on the petition. The NUPL recently filed a motion for the immediate resolution of the petition.

No less than President Aquino’s spokesperson, Edwin Lacierda, has told local reporters that “there are no political prisoners” in the Philippines. When asked about government’s response to the plight of Acosta and some 350 other persons who are now in jail for their political beliefs, Lacierda could only reply with empty rhetoric. Government indifference to the plight of the detainees has caused very real suffering to them and their families.

We urge concerned Philippine authorities, especially DOJ officials, to act without delay on Acosta’s petition for review and to immediately release him. His rights continue to be violated each day he is kept in jail. The reported rights abuses and irregularities must be thoroughly investigated and acted upon.

Indeed, it is very disturbing to see that a government led by the son of a revered political prisoner and democracy icon has turned a blind eye to the plight of Ericson Acosta and political detainees in the Philippines.

—REV. CANON BARRY NAYLOR,honorary president, Campaign for Human Rights in the Philippines (CHRP-UK); urban canon and parish priest of the Abbey and Holy Spirit Ministries, Leicester (published in the Philippine Daily Inquirer
February 20th, 2012)

Suspicions about military’s involvement in Italian priest’s murder persist

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DAVAO CITY—The verbal tussle between the military and groups seeking justice for slain Italian priest Father Fausto Tentorio has continued, four months after the priest was murdered and even after the arrest of Jimmy Ato, whose confession had somewhat cleared the military of responsibility for the murder.

In his affidavit submitted before the National Bureau of Investigation (NBI) when he was arrested a few months ago, Ato said Tentorio was ordered killed by some landowners in Arakan, North Cotabato, who were hurting from the priest’s opposition to a hydropower plant project. The landowners were to gain from the project through compensation of their properties.

Italian priest Fr. Peter Geremia, a colleague of Tentorio at the Pontifical Institute for Foreign Missions, said, however, that suspicions about the military’s involvement in the death of the priest in October have deepened when it was found out that military assets were posted inside the Arakan parish compound at the time of the killing.

He said the deployment of the military assets has to be explained.

Geremia said while the gunman was shooting Tentorio, who was preparing to leave the convent for a religious meeting in Kidapawan City, also in North Cotabato, soldiers participating in a bayanihan (community) activity in a school across the Arakan parish compound ignored the fact that someone had just been murdered.

He said he had written Justice Secretary Leila de Lima to look into these facts and to ask the military why the soldiers did not rush to the scene of the crime.

“Let those soldiers explain why they failed to respond or to track down the killer,” he said.

Colonel Leopoldo Galon, spokesman of the military’s Eastern Mindanao Command based here, did not comment on the supposed deployment of military assets inside the Arakan parish compound on the day Tentorio was killed.

But Galon said the soldiers participating at the bayanihan activity were equally surprised as everyone else.

The soldiers, he said, did not respond because there was no military officer in the area to command them at the time of the killing. Besides, he said it was not the soldiers’ duty to respond to a crime incident.

Galon said he could not understand why the military was being blamed for the murder of Tentorio when the arrested suspect had already identified the masterminds.

As this developed, Catholics under the Diocese of Kidapawan lighted candles and attended a Mass on the fourth month of Tentorio’s murder.
Fr. Pol Paracha, head of the Justice for Fr. Pop’s Movement in North Cotabato, said the candles would serve as reminder for their undying love and continued quest for justice for Tentorio’s death.

Paracha also hinted that they were not contented with Ato’s confession when he said that they were hoping the national government would conduct a deeper probe of the Tentorio murder case. (by Germelina Lacorte, Williamor Magbanua, Inquirer Mindanao, Sunday, February 19th, 2012)

A year after illegal arrest, groups clamor for detained poet’s release; NUPL files motion for immediate resolution of Ericson Acosta case before DOJ

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A year after the illegal arrest of poet and former UP Collegian editor Ericson Acosta, his family, colleagues, human rights advocates and supporters “demand nothing less than his immediate and unconditional release.”

“Ericson’s sense of responsibility as Iskolar ng Bayan has led him to work in the grassroots and create art with the people.  (His) right to participate productively as a free citizen of this country is violated each day he remains in detention,” read a statement released by the Free Ericson Acosta Campaign (FEAC) in a press conference and music jam at the University of the Philippines Palma Hall lobby last Friday, February 10.

The event was organized by the All-UP Academic Employees Union and Acosta’s former colleagues at the university, and was attended by prominent Filipino cultural icons – US-based cultural critic and thinker Prof. Epifanio San Juan, Jr; women’s studies author Delia Aguilar; award-winning scriptwriter and authorRicky Lee; actress, screenwriter and UP Regent Bibeth Orteza; UP College of Mass Communications Dean and popular culture critic Roland Tolentino; and protest songwriter and poet Jess Santiago, among others.

“The illegal arrest and continued unjust detention of cultural worker Ericson Acosta is concrete proof of the existence of political prisoners. There is nothing righteous with having our artists like Acosta suffer in incarceration,” Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) Secretary-General Angie Ipong said in a news release.

Acosta was arrested without warrant by the military on February 13, 2011, in Brgy. Bay-ang, San Jorge, Samar just because the laptop he carried roused the suspicion of soldiers. Due to serious irregularities and rights abuses in the conduct of his arrest, his counsel led by Atty. Jun Oliva of the National Union of Peoples’ Lawyers (NUPL), filed a Petition for Review before the DOJ in September 2011, and moved to defer court proceedings pending resolution of the said petition. Ideally, a review petition should be resolved within 60 days.

“It is important for us to bear witness to the truth of the injustice done to Acosta,” Prof. E. San Juan, Jr. said.

Exactly a year after Acosta’s illegal arrest, the NUPL will today file a motion for the immediate resolution of the Review Petition. Aside from difficulties faced by his family after Acosta’s detention in Samar, they also protest continued military harassment and intimidation by troopers from the 8th ID deployed within the jail facility.

“Instead of settling for a stable, well-paying job, or going abroad like his brothers, our son Ericson chose to teach literacy and work for the oppressed in far-flung provinces. Something is terribly wrong when he is made to suffer a year in prison for doing what he thinks is right,” lamented Acosta’s father Isaias, who is now in his late ‘70s.

Acosta was named finalist of the 2011 Imprisoned Artist Prize at the Freedom to Create Awards Festival in Cape Town South Africa last November, along with imprisoned artists from Burma and Tibet. Various human rights groups and cultural institutions, including the Amnesty International, Campaign for Human Rights in the Philippines-United Kingdom, University Council of UP Diliman, National Commission for Culture and the Arts (NCCA) and the Philippine Center of the International PEN (Poets, Essayists, Novelists) support the call for his release.

“Even if it has become dangerous to integrate with the masses, the scholars of the nation know it has to be done,” Dean Roland Tolentino said in his speech at the UP.

Acosta’s songs and writings from prison is posted by the Free Ericson Acosta Campaign on his JAILHOUSE BLOG (http://www.acostaprisondiary.blogspot.com). Pictures can be downloaded from the Free Ericson Acosta Facebook page and campaign blog (http://www.freeacosta.blogspot.com).

February 13, 2012
FOR IMMEDIATE RELEASE
Reference: Atty Jun Oliva (NUPL)
(02) 9206660

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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.

NUPL on Palparan’s statement that charges were illegally filed

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Press Release –  On the statement made by Ret. Maj. Gen. Jovito Palparan through lawyer Atty. Jesus Santos – whose authority to represent the retired general is suspect – that the filing of the cases against him was done illegally, the National Union of Peoples’ Lawyers (NUPL), private prosecutor of the Cadapan and Empeno families, through its Secretary General Atty. Edre Olalia said:

“General Palparan has the gall and temerity to claim that the charges against him were done illegally. That is farthest from the truth. He is turning things upside down.

It’s the height of hypocrisy to wrongly claim that he is the victim while he is known to have routinely and cavalierly deprived many of their basic rights as human beings when they were summarily killed, disappeared and tortured.

The mothers of the two UP students went by the book and are enduring the tedious and even frustrating process to hold him accountable. His credibility is so low that his every word is suspect.

Come out of your putrid sewage hole and see the light. Join your avid fan former President Gloria Macapagal-Arroyo in jail. Stop putting your attorneys on the spot to take the fall for you even as they trifle with the emotions of the suffering mothers by recklessly springing bare claims their young and abused daughters are still alive.”#

Reference: Atty. Edre U. Olalia, NUPL Secretary General, +639175113373

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

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

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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